New York Cancels September Bar Exam, Possible remote test for October 5-6

On July 16, 2020, the Board of Law Examiners made the difficult decision to cancel the September 9-10 administration of the bar examination in New York. The Board arrived at this decision after careful consideration of current conditions and with a singular focus on the health and safety of all participants. Unfortunately, the global pandemic presents a persisting threat in a growing number of states and therefore, at this juncture, an in-person exam is not yet a safe or practical option in New York.

Chief Judge Di Fiore and Governor Andrew Cuomo – Credit @ Newsday

The New York in-person bar exam, originally scheduled for July 2020, then postponed until September 9-10 due to the coronavirus, has now been fully canceled. A standardized and streamlined application process has been developed to enable candidates to swiftly secure temporary authorization to practice.

Chief Judge Janet DiFiore has formed a working group to study alternatives to the Sept. 9-10 bar examination including giving it remotely in October. A decision is expected in early August.

The New York Court of Appeal made the announcement on July 16 after months of speculations. Earlier this week, a group advocating for diploma privileges – United For Diploma Privilege New York – wrote to Chief Judge Janet DiFiore requesting an Emergency Diploma Privilege.

What happened?

The suspension of the September exam has always been a real possibility. In fact, the Court had proceeded on dual tracks: working towards a safe administration of the exam while simultaneously developing contingencies to ameliorate the effects of further postponement.

New York City, once the epicenter of the coronavirus pandemic, has come in the shadow of an ever-growing national spike that continues to plague the U.S. crisis. On Sunday, Florida reported more than 15,000 positive cases of the virus. It’s the highest single-day number for any state and cleared the record previously set in New York back in April.

This has led Governor Cuomo of New York, to order travelers from more than 22 states to quarantine for 14 days, while urging New Yorkers not to let up on wearing masks or social distancing. In fact, large gatherings are still prohibited, following the guidance that the Centers for Disease Control and Prevention issued recommending the cancellation or postponement of in-person events consisting of 50 people or more.

On July 15, 2020, the New Jersey in-person bar exam was also cancelled. Those planning to take the NJ fall bar exam will need to take it remotely under a new Supreme Court order announced Wednesday.

As a result, the announcement today by the NY Court of Appeals does not come as a surprise, although it will surely come as a disappointment for many graduates who already struggle registering for the exam.

An absolutely disgraceful mishandling, and subsequent cancellation, of the New York State bar exam. Allowing applicants to get in the full swing of their barprep only to cancel the exam, with a future date unknown, is an embarrassment in every sense of the word. Figure it out.
— PatDaddy Esq. (@xPatDaddy) July 16, 2020

What now?

As previously announced, the Chief Judge has approved a program designed to provide temporary authorization for qualified law graduates to engage in the supervised practice of law. To formally implement the program, the Court has amended its rules, effective July 22. As provided in the Court’s amended rules, the temporary authorization program is available to all first-time takers of the bar examination employed in New York, including both J.D. and LL.M. candidates, irrespective of their graduation year.

Once authorized, eligible candidates will be permitted to work under a qualified supervising attorney prior to their admission to the bar and to perform, subject to supervision, many of the functions of admitted attorneys across the State. Candidates may remain in the program through their formal admission to the bar, so long as candidates pass their first bar examination no later than 2021 and promptly seek admission to the bar following the release of exam results. The Court’s order can be accessed here.

“The Board arrived at this decision after careful consideration of current conditions and with a singular focus on the health and safety of all participants,” it said in a statement. “Unfortunately, the global pandemic presents a persisting threat in a growing number of states and therefore, at this juncture, an in-person exam is not yet a safe or practical option in New York.”

New York Board of Law Examiners Tweet

A standardized and streamlined application process

A standardized and streamlined application process has been developed to enable candidates to swiftly secure temporary authorization to practice. Qualified candidates may apply for authorization through the department of the Appellate Division in which they expect to be certified for admission by the New York State Board of Law Examiners. Application forms and related information can be found on each Department’s website. The Appellate Division will begin processing applications on July 22, when the Court’s amended rules take effect.

In addition, the Chief Judge has assembled a Working Group, to be chaired by retired Court of Appeals Judge Howard A. Levine, to study the future of the bar exam in New York. The Working Group has been tasked with evaluating, in a comprehensive manner, the primary assessment tool for New York bar applicants (presently, the Uniform Bar Examination) as well as other proposed metrics for bar admission – including a fully remote bar exam and a diploma privilege, among other alternatives.

Relevant considerations will include health and safety, feasibility, equality, security, and the reliability of each proposed alternative as an accurate measure of an applicant’s proficiency. As its first priority, the Working Group will evaluate the emergency remote testing option to be offered by the NCBE on October 5-6 and endeavor to reach a recommendation by early August. This important work will explore innovative methods of adapting our professional licensure process in a responsible manner as we emerge from the most acute stages of this crisis.

It’s not easy being an aspiring lawyer taking the bar exams during a pandemic

Scott M. Karson, president of the New York State Bar Association, said that the association will be looking for ways that law school graduates can become productive members of the profession.

“In light of the Board of Examiners’ decision to cancel the September bar exam, NYSBA will promptly review and make recommendations on how best to proceed. The class of 2020 has been dealt a difficult hand and many graduates are experiencing stress and strain over the uncertainty surrounding the bar exam, a grim job market, and staggering student debt,” Karson said. “NYSBA will expeditiously examine the alternatives, taking into account the interests of consumers of legal services as well as the law school graduates seeking admission to the New York bar.”

Prior Bar Examination and Legal Education updates can be accessed here.