BILL NUMBER: S8682

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to make a temporary change to the system of examination of candi-
dates for admission to practice as attorneys and counsellors in the
state of New York during the COVID-19 pandemic; and to provide for the
repeal of such provisions upon the expiration thereof

 
PURPOSE:

To create and implement a modified diploma privilege for law school
graduates seeking admission to practice law in New York State during the
COVID-19 State of Emergency.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill provides that the uniform system of examination of
candidates for admission to practice as attorneys and counselors shall
consist of the New York Law Course, the New York Law Examination, and
              

the Multistate Professional Responsibility Examination.

Section 2 permits the Court of Appeals to adopt, amend, or rescind rules
not inconsistent with this act for the admission to practice as attor-
neys and counselors of persons who successfully complete the uniform
system of examination.

Section 3 provides that nothing in this act shall prevent the Court of
Appeals from dispensing with the uniform system of examination where the
applicant is a graduate of any law school which requires a three year
course for graduation and produces their diploma.

Section 4 establishes the effective date.

 
JUSTIFICATION:

As of July 7, 2020, New York State intends to administer an in-person
bar exam for law graduates seeking admission to practice law in the
state on September 9-10, 2020. At the same time, COVID-19 continues to
spread rapidly across the United States, threatening the progress New
York has made to "flatten the curve."

At this point in time, it is too early to tell with certainty whether it
will be safe and feasible to hold an in-person bar exam in early Septem-
ber. State and local restrictions on venues being open and limiting the
size of in-person gatherings may preclude the administration of an
in-person test. Amid the uncertainty over the test's administration, law
graduates are reporting that the already-stressful bar exam preparation
has been compounded by personal challenges ranging from their own health
and wellbeing to financial hardship to increased caregiving responsibil-
ities.  Allowing a modified form of diploma privilege, as proposed in
this bill, would give law graduates a reprieve from further delays in
admittance, while retaining the Court of Appeals' prerogative to set
standards for the profession. Under this bill, as long as there is an
extent state of Emergency related to COVID-19, the uniform system of
examination for admission to practice law in New York will consist of
the New York Law Course, the New York Law Examination, and the Multi-

state Professional Responsibility Examination, all of which can be taken
online.

Nothing in the bill precludes the State from moving forward with admin-
istering the Multistate Bar Examination, meaning it can remain an option
for New York-based law graduates who wish to practice law in a state
other than New York. Passing the MBE, however, would not be a required
prerequisite to admission to practice in New York for the duration of
the COVID-19 State of Emergency. Furthermore, the Court of Appeals may
develop other criteria not inconsistent with this bill to govern admis-
sion to practice in New York State, and is authorized by this bill to
offer full diploma privilege without any examination requirements if it
so chooses.

 
PRIOR LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed upon the expiration of the state of emergency declared by Exec-
utive Order 202 of 2020 or the expiration of any subsequent extensions
or renewals of such Executive Order.