NY Bar Mulls Alternatives To Summer Exam Amid Virus Fears

By Mike LaSusa
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Law360 (March 23, 2020, 9:20 PM EDT) -- The New York State Bar Association said Monday that it is considering possible alternatives to holding the bar examination scheduled for July, citing concern over the global pandemic caused by the novel coronavirus.

The organization for Empire State attorneys said a task force is currently looking at how to handle the summer bar exam, which is administered in-person, amid a worldwide outbreak of the COVID-19 disease caused by the virus. Health experts say containing the spread requires sharp limits on interpersonal contact and large gatherings of people.

The president of the New York Bar Association, Henry M. Greenberg, told Law360 that the task force is working "at the speed of light" to seek solutions for aspiring attorneys in response to disruptions caused by the virus.

"I would expect that they would begin to make recommendations on a rolling basis in a matter of weeks," Greenberg said.

New York State Appellate Judge Alan Scheinkman, who chairs the task force, told Law360 on Monday the group is considering ideas such as postponing the exam, or administering the test online or in small groups, though he noted both proposals would involve logistical challenges.

He also said the task force is evaluating the possibility that recent law grads might be able practice provisionally, perhaps under the supervision of licensed attorneys.

"The other piece to this is, what are the legal options?" Judge Scheinkman said, noting that certain changes would require legislative action. "We're going to have to look at the legality of this."

Judge Scheinkman said the task force is open to all ideas, and encouraged those with proposals to contact the NYSBA.

The group that is looking into alternatives for the summer bar exam, the Task Force on the New York Bar Examination, has also been examining the impacts of the state's move to a uniform bar exam.

The NYSBA said in a Monday news release that the task force will present the results of its probe into that matter at an April 4 meeting that will mark the first time the association's governing body will meet online rather than in-person.

Additionally, the organization joined state lawmakers last week in calling on Gov. Andrew M. Cuomo to use his power under the state's emergency laws to pause court deadlines during the COVID-19 outbreak.

--Additional reporting by Emma Cueto and Kevin Penton. Editing by Emily Kokoll.

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