Upset About the NCBLE's Handling of the July 2020 Bar?
Speak Out!
The North Carolina Bar is going to be administered July 28-29, 2020 at the North Carolina State Fairgrounds and the Jane S. McKimmon Center in Raleigh, North Carolina. Many students are concerned by: (1) the limited protections provided by the NCBLE to ensure the safety of test takers and the communities they will return to; (2) the size of this gathering (over 700 students sat for the bar last July); and (3) the requirement that students voluntarily assume all risk of exposure to or infection with COVID-19.
Figuring out who has power to change the exam or protections is complicated, but here are a few potential players:
NCBLE
This state agency has the authority to administer the bar exam and make the rules and regulations regarding admission to the bar.
North Carolina State Bar
The North Carolina State Bar Council appoints the NCBLE and also has to approve any changes to rules and regulations. Every district has a councilor.
Supreme Court of North Carolina
The Council and the NCBLE certify any changes to the rules and regulations to the Supreme Court of North Carolina. As the court of final review, the Supreme Court may have additional power.
In other states, the highest courts have issued orders granting diploma privilege. See Washington's court order granting an option for diploma privilege
Executive Branch
The Governor has authority over state agencies.
The NC Emergency Management Act grants the governor (as well as state agencies and local governments) special authority and responsibility to act in emergency situations like a global pandemic.
Call Governor Cooper's Office: (919) 814-2000
Tweet @NC_Governor
State Legislators
Under the state police power, the North Carolina General Assembly has the authority to regulate the legal profession. The General Assembly has delegated its rulemaking authority to the NCBLE.
Now that you have their attention, what do you say?
(1) Raise Awareness
Many legal and public health professionals are unaware of how the NCBLE is planning to administer the exam. Make sure they are informed.
Express your concern that admission to the bar should be safe and equitable and it is neither right now.
Share your story and the concerns of others.
(2) Ask Them To Help
Don't feel like you have to have the solution but there are plenty of alternatives to consider (and share with decision makers):
Diploma privilege with or without conditions
Working with public health professionals to design an exam administration
Utilizing law schools to administer exams (spreading out testing)
Requiring masks or separating mask wearers from non-mask wearers
Offering more accommodations for test takers
Providing free COVID-19 testing
Requiring test takers to self quarantine following the exam
If you are not sure what the issues are, check out:
The CDC has a lot of information on coronavirus, including how to protect yourself, information about those at special risk, and travel precautions.
How else can you help?
If you are an attorney barred in North Carolina...
Will you help us determine who has the authority to enact change? (We put our research skills to the test and spoke with a lot of intelligent people but the answer is still ambiguous. Would you dig deeper into that while we memorize the Rule Against Perpetuities?)
Will your firm consider issuing a public statement? We will be joining you soon to advocate on behalf of clients. Would you advocate on our behalf now?
In addition to the groups listed above, will you contact the ABA, write an op-ed, or press the North Carolina Bar Association to speak out on behalf of test takers?
Will you help draft petitions or lawsuits if students want to pursue those routes?
We understand that all attorneys had to go through this process, but given the global pandemic that is coinciding with a racial reckoning (also on a global scale), it is hard to compare our situations. We are not advocating for diploma privilege to avoid the bar but instead to ensure we can safely enter the practice of law. We are fighting not just on our own behalf, but we are also advocating for our families, roommates/housemates, the community at large, and even our future clients (paying and pro bono). We want to be a part of this profession but we don't want to unnecessarily risk our lives.
If you are a public health professional...
Help educate the NCBLE and other decision makers. Would you recommend administering the bar as planned? If not, what would you suggest changing?
Help educate test takers and our supporters. What are ways that we can take the test as safely as possible and protect the communities we will return to afterwards?
Help educate the public. Share your thoughts with local news journalists (we can help connect you) or write an op-ed.
If you work at a law school...
Would you consider reaching out to other schools to build a network of support for students?
Communicate with your students and show support for their concerns. Many students have been upset with the lack of communication from the NCBLE; we do not feel like we are being listened to. Be the ones that lend an ear. And then amplify our voices.
In the past, schools have provided lunches during the exam. Would you consider providing hand sanitizers to students since the NCBLE will not?
Share with us the conversations that you have had with the NCBLE. Frankly, we do not know where many of you stand or how NCBLE made its decision. Would you give us clarity?
If you are a law school student...
Your time is limited and studying is important. If you can, please use your voice. Share your impact story, contact the groups above, or reach out to professors/administrators to act on your behalf so you can go study.
Please take care of yourself. Consider NCLAP and BarCARES if you need support. Check to see if your schools' counseling programs are available over the summer. Reach out to your law schools' Office of Student Affairs (or its equivalent) for additional resources. You are not alone.
Additional News Stories
Not in North Carolina? Your help is still needed!
Diploma Privilege For All (founded by Pilar Escontrias and
Donna Saadati-Soto) has been mobilizing for months across many states.
@BarExamTracker is providing updates for how all 50 states are responding.