Law Schools

New York Legislature Gets Involved In Push For Diploma Privilege

This is huge.

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New York was one of the first states to act in response to the COVID-19 crisis, canceling the July administration of the bar exam and pledging to find a new solution for the fall and coming up with a controversial but compelling test seat rationing plan. But as infections continue to rise around the country the bar exam has pointedly not taken into account the most obvious solution — an emergency “diploma privilege plus” grant.

Now the state legislature is getting involved.

Senator Brad Hoylman, chair of the NY Senate Judiciary Committee, posted on Twitter last night 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.

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If successful, this would mainstream the diploma privilege movement. With no offense to the Western states that have already adopted the plan, each has a relatively small and mostly regional base of applicants. New York, on the other hand, would be opening itself up to a national applicant base.

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And while this is only a temporary measure, New York’s 2020 class would become a beta test for wider adoption. As the years go by and the number of disciplinary complaints fails to spike and the level of service continues to improve, it can provide the hard data to support the needed fundamental overhaul of attorney licensure. Wisconsin’s long history of success with diploma privilege is always waved off a product of a small market — a charge that will inevitably be leveled to undermine positive data from Utah, Oregon, and even Washington.

But there will be no hiding from the New York experience.

UPDATE: United For Diploma Privilege — New York sent along this quote:

“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.”

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HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.

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