[WSBARP] Request for comment to Bd. of Governors re proposed bar exam resolution - 04-15-2021 deadline

[Carla J. Higginson]

Colleagues,

As you may know, I am the District 2 governor on the WSBA Board of  Governors and a long-time member of this listserve.  I am contacting you regarding a resolution that is pending before the WSBA Board of Governors to support the administration of a bar exam in some form, which an applicant would have to pass before being granted a license to practice law.   WSBA Governor Russell Knight proposed this resolution to the March Board meeting.  The text of the proposed resolution is set forth below my email.   It supports the continued existence of a bar exam to protect the public and insure the integrity of our profession.  It also supports a review of its form and content to ensure it does not have a discriminatory impact.   The Board debated for over four hours and ultimately voted to ask members for their thoughts and comments.  It will be considered again at the April 16-17, 2021 Board meeting.

Some background may be helpful.  Last May, the Board of Governors voted 12 to 1, on the motion of Treasurer Dan Clark of Yakima, to urge the Supreme Court to administer the bar exam to Summer 2020 bar applicants.  The Court initially agreed but then reversed its decision in response to Seattle University Dean Annette Clark's letter sent directly to the Court.  The Court issued Order No. 25700-B-630 on June 12, 2020 temporarily modifying Admission to Practice Rules 3 and 4, and granting diploma privilege as an option to graduates of ABA accredited law schools who were registered for either the July 2020 or September 2020 bar exams. This decision was very controversial, with numerous members stating concerns regarding the Court granting the diploma privilege rather than requiring applicants to successfully pass a bar examination.  The comments received were about 99% opposed to granting diploma privileges, although a number of members noted that the bar exam (in its present multi-state format) might not be the best method for determining if an applicant possessed the necessary skills to practice law in Washington.  (The essay question format - 18 substantive law questions and 6 ethics questions) was changed in 2013 to a multi-state format purchased from a third party, with little emphasis on Washington law.  Previously, attorneys volunteered to serve as bar examiners, writing the essay questions and grading them without pay.)

On November 20, 2020, the Supreme Court entered Order No. 25700-B649 establishing the Washington Bar Licensure Task Force, to "examine current and past bar examination methods, passage rates, and alternative licensure methods, assess disproportionate impacts on examinees of color and first generation examinees, consider the need for alternatives to the current bar exam, and analyze those potential alternatives." This Task Force is chaired by Justice Raquel Montoya-Lewis and Jacob Rooksby, Dean of Gonzaga School of Law.

I am currently in support of the resolution.  If it passes, it will be forwarded to the Court's Task Force for their consideration as they perform their work.  However, if a majority of comments that I receive generally oppose a bar exam, that will certainly inform my decision as one of your representatives on the Board.  If you would like to make your voice heard on this, please send comments by April 15, 2021 to barleaders at wsba.org<mailto:barleaders at wsba.org>.  I would also appreciate receiving a copy, at carla at higginsonbeyer.com<mailto:carla at higginsonbeyer.com>

RESOLUTION IN SUPPORT OF A BAR EXAM TO ENSURE
A  COMPETENT, ETHICAL AND DIVERSE LEGAL PROFESSION

WHEREAS, the mission of the Washington State Bar Association ("WSBA") is to serve the public and the members of the Bar, to ensure the integrity of the legal profession, and to champion justice; and
WHEREAS, passing a bar exam has long been a requirement for membership in the WSBA in part to ensure a competent and ethical legal profession; and
WHEREAS, on June 12, 2020, in part in response to the COVID-19 pandemic, the Washington State Supreme Court entered Order No. 25700-B-630 temporarily modifying Admission to Practice Rules 3 and 4, and granting diploma privilege as an option to graduates of ABA accredited law schools who were registered for either the July 2020 or September 2020 bar exams; and
WHEREAS, the Washington State Supreme Court has not extended diploma privilege to applicants registered for subsequent bar exams; and
WHEREAS, stakeholders have expressed concern that the bar exam has a discriminatory effect on examinees of color and first generation examinees; and
WHEREAS, on November 20, 2020, the Washington State Supreme Court entered Order No. 25700-B-649 establishing the Washington Bar Licensure Task Force ("WBLTF"); and
WHEREAS, the WBLTF is asked to "examine current and past bar examination methods, passage rates, and alternative licensure methods, assess disproportionate impacts on examinees of color and first generation examinees, consider the need for alternatives to the current bar exam, and analyze those potential alternatives"; and
WHEREAS, the WSBA supports the work of the WBLTF;

NOW, THEREFORE, BE IT RESOLVED THAT

1.            In order to ensure a competent, ethical and diverse legal profession, the WSBA supports the continued requirement of passing a bar exam before admission to the WSBA.
2.            The WSBA discourages diploma privilege as an alternative to a bar exam.
3.            The WSBA encourages a review of, and possible change to, the format and content of the bar exam to both strengthen and improve the bar exam as a tool to ensure the competent and ethical practice of law and to ensure there is no discriminatory effect on examinees of color and first generation examinees.


___________________________

Carla J. Higginson, Attorney
Higginson Beyer, P.S.
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360) 378-2185 | Facsimile: (360) 378-3935
Seattle Office:
701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206) 623-8888 | Facsimile: (360) 378-3935

carla at higginsonbeyer.com<mailto:carla at higginsonbeyer.com>
HigginsonBeyer.com

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CONFIDENTIALITY NOTICE:  The information in this electronic mail is legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of the transmission is strictly prohibited.  If you have received this transmission in error, please delete the message and immediately notify us by telephone at (360) 378-2185 or by e-mail.  Internet Communications are not secure and subject to possible data corruption, either accidentally or on purpose, and may contain viruses.  Furthermore, e-mail is an informal method of communication and for these reasons, it will normally be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it.  If we receive a request from you via e-mail, we will treat that as authority to reply by e-mail.
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___________________________

Carla J. Higginson, Attorney
Higginson Beyer, P.S.    [cid:image001.png at 01D72A49.B2DE47D0]
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360) 378-2185 | Facsimile: (360) 378-3935
Seattle Office:
701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206) 623-8888 | Facsimile: (360) 378-3935

carla at higginsonbeyer.com<mailto:carla at higginsonbeyer.com>
HigginsonBeyer.com

*************************************************************************************
CONFIDENTIALITY NOTICE:  The information in this electronic mail is legally privileged and confidential information intended only for the use of the individual or entity named above.  If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of the transmission is strictly prohibited.  If you have received this transmission in error, please delete the message and immediately notify us by telephone at (360) 378-2185 or by e-mail.  Internet Communications are not secure and subject to possible data corruption, either accidentally or on purpose, and may contain viruses.  Furthermore, e-mail is an informal method of communication and for these reasons, it will normally be inappropriate to rely on advice contained in an e-mail without obtaining written confirmation of it.  If we receive a request from you via e-mail, we will treat that as authority to reply by e-mail.
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