Diploma Privilege in New York is Gaining Momentum

Hundreds of recent law graduates are requesting an emergency diploma privilege that will allow them to bypass the Bar Exam. Earlier this month, the NY Senate introduced a bill that would target the COVID-19 period only.

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On July 13, 2020, a group advocating for diploma privileges – United For Diploma Privilege New York – wrote to Chief Judge Janet DiFiore requesting a Zoom hearing where test takers would have a chance to express their comments and concerns on the court’s plans to hold an in-person bar exam on September 9 and 10. The letter received more than 1,500 signatories, most of whom are recent graduates registered for the NY Bar Exam.

What is the emergency diploma privilege?

As the coronavirus (COVID-19) pandemic sweeps the nation, states are adopting the emergency diploma privilege to accommodate canceled bar exams. However, law students and graduates may be unaware of what the emergency diploma privilege entails.

A “Diploma Privilege” allows graduates to secure a license to practice law without taking a bar exam. This invaluable opportunity is generally available to students who completed law school with an above the average score.

There are significant criticisms of the bar examination in favor of diploma privilege. For instance, while the National Conference of Bar Examiners, is the main administrator of bar examinations and a lobby against diploma privilege, for over two decades the NCBE President and CEO have been lawyers admitted to the Wisconsin bar via diploma privilege.

Three states — Washington, Oregon and Utah — are allowing students with degrees from accredited law schools to enter the bar without taking the exam, and there is now a big push by graduates for more states to do so

New York Legislature Gets Involved In Push For Diploma Privilege

BREAKING: As Chair of the Senate Judiciary Committee, I've seen how COVID-19 has upended the legal profession.

Law school grads are rightfully concerned taking the Bar Exam in person poses health risks. So I'm introducing legislation to provide 2020 grads with diploma privilege. pic.twitter.com/NNAalePeeA
— Senator Brad Hoylman (@bradhoylman) July 6, 2020

Senator Brad Hoylman, chair of the NY Senate Judiciary Committee, posted on Twitter that he was introducing legislation to authorize emergency diploma privilege to graduates of ABA-accredited schools during the ongoing state of emergency. As a technical matter, the draft appears to leave the decision to the NY Court of Appeals but removes any possible impediments to its authority to dispense with the bar exam entirely.

COVID-19 has disrupted every aspect of American life. The administration of the bar exam is no exception. United for Diploma Privilege New York is grateful for Senator Hoylman’s leadership in this unprecedented moment. Whether in person or online, it is not safe or feasible for law graduates to take the bar exam this year. We call on the New York State Legislature and Court of Appeals to recognize diploma privilege as the only equitable means of licensing law graduates in 2020. COVID-19 has increased the demand for legal services in our community, and we are eager to join the ranks of New York lawyers and help meet that need

United For Diploma Privilege — New York Tweet

Mixed answers

The Court of Appeals said Monday that the court is reviewing the recent letters received from advocacy groups. The court rejected earlier calls for an emergency diploma privilege and in April adopted a supervised practice program whereby law graduates can work under the supervision of a licensed attorney until they can sit for the bar exam.

The NY Board of Law Examiners has continuously encouraged out-of-state test takers to sign up for the exam in other jurisdictions that, like New York, use the Uniform Bar Exam. Behind this reasoning is the limited seating available in New York.

However, in recent weeks a number of uniform jurisdictions, including Washington, D.C., and Maryland, have canceled their plans for an in-person September exam and are now offering abbreviated online tests in October. Scores earned online cannot be transferred to New York for admission, leaving test takers who planned to transfer scores to New York in a conundrum.

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

Future attorneys fret they are cramming for a two day exam that won’t take place. Earlier this year, the Court of Appeals announced contingency plans in the event the Exam could not take place.

While cases of coronavirus are spiking around the U.S., New York, who was once the epicenter of the coronavirus in the U.S., now registered its first day since March with zero deaths from COVID-19. An optimistic news ahead of the September Bar Exam.

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