DC To 'Potentially' Offer Emergency Diploma Privilege

Vague order says waiver may apply to 'certain qualifying applicants.'

onSeptember 16, 2020 at 12:12 PMSeptember 16, 2020 at 12:05 PM

As recent graduates are about to enter their sixth month of preparing for a bar exam that may or may not happen and/or kill them, most jurisdictions can’t overcome their own intellectual laziness to address the mounting concerns over the licensing process. But a few states — mostly out West, but notably including Louisiana — have approached the matter honestly and offered a diploma privilege option for the class impacted by an unprecedented global pandemic (and, it’s worth noting, Oregon applicants would have had to test during raging wildfires too — California might want to pay attention).

The DC Court of Appeals filed an order yesterday informing applicants that it might be offering its own form of diploma privilege, which it’s calling “emergency exam-waiver admission” to address the crisis.

But it’s not exactly clear who will be receiving this waiver if it happens. The order commits to releasing further guidance on September 28 “expanding temporary practice under supervision and potentially providing for a form of emergency exam-waiver admission for certain qualifying applicants.” Not exactly a clear path, but it’s a declaration that goes hand-in-hand with the announcement that the date to request a refund from the online exam registration is extended until September 30, so anyone who is covered by whatever system DC adopts can get their money back.

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Whatever happens, it’s safe to assume that it’s not going to be a broad-based diploma privilege regime. It may offer a clarification of how the jurisdiction treats applicants from newly minted diploma privilege states or a carve-out for those with conditions that might prevent them from taking the online exam as it currently exists. But until we know for sure, we’re at least hoping for a model that tracks Louisiana’s offer of diploma privilege — covering most of the expected examinees in the upcoming administration.

(Full order available on the next page.)

Headshot Joe 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.