Late last week, the New York Court of Appeals announced that it would be offering an online bar exam in October, as a one-time, emergency option in lieu of an in-person exam. Earlier this month, the state cancelled the September in-person test due to coronavirus-related safety concerns, without communicating an alternative. Since then, law grads, state lawmakers, and all 15 NY law school deans have increasingly pressured the state to grant “diploma privilege,” which provides law school graduates licensure without having to sit for the bar exam. The proponents behind the push, which is also occurring in jurisdictions throughout the nation, argue that while an in-person test constitutes a health risk, delays in examinations and licensure can put financial pressure on graduates with student loans. At this point, just four states – Louisiana, Washington, Oregon, and Utah – have decided to grant diploma privilege.
The New York Court of Appeals established a court-appointed working group to consider the various licensure alternatives, including diploma privilege. The group, however, found the remote exam to provide the best alternative to the in-person exam, noting the role that exam-based licensure plays in promoting consumer confidence. In its announcement, the court made the point that the bar exam “provides critical assurance to the public that admitted attorneys meet minimum competency requirements, emphasizing New York’s immense candidate pool as well as the degree of variation in legal curricula across the country.” The working group did remark that the online test was the best option, but not without its shortcomings. To minimize those, the working group consulted with experts in security, technology, and psychometrics to “ensure broad access, mitigate security risks, and establish a reliable grading methodology.”
New York is among a growing number of jurisdictions, including California, Illinois, Pennsylvania, Ohio, Massachusetts, New Jersey, Connecticut, Maryland, Washington D.C., Vermont, New Hampshire, Kentucky, Texas, Arizona, Oregon, and Tennessee that have opted to provide the October online bar exam. The working group further recommended that New York look into offering reciprocity to other states and jurisdictions offering the online option, which would mean that the bar exam scores could be transferred to other jurisdictions for bar admittance. Six localities, New Jersey, Maryland, Massachusetts, Kentucky, Tennessee, and Washington D.C. have established reciprocity and New Hampshire, Vermont, Ohio, and Illinois have also expressed interest in pursuing reciprocity agreements.