Despite public health warnings, almost half the country is still going forward with in-person bar exams next week. In an even crueler twist, the Venn Diagram of states sticking to the in-person model falls almost entirely within the circle of states setting daily infection records. Bringing people from all over the state under one roof for two days in close proximity is the sort of thing a responsible government health entity would stop as a definitional superspreader event. But when a bar exam doesn’t bother to consult with health officials until less than a month before the test, like North Carolina, you can end up with something like this.
We’ve talked about the square footage required to place everyone in the center of a 3 foot radius bubble that keeps them 6 feet from anyone else, but there’s no substitute for actually seeing it. That… doesn’t look like much of anything. The “6 feet” rule is designed to keep people apart when quickly passing each other in the grocery store, it’s not intended as a guide for remaining stationary for hours on end. If there’s any question that the NCBLE views public health as an afterthought, remember that it wasn’t until July 1 that the they even required everyone to wear masks during the examination. Before that, they were happy to rely on their “don’t sue us if you die” signs.
Making this even more ridiculous…
Look at all the additional room they had to space people out. Distancing is described in terms of the floor not the ceiling folks. If the examiners wanted to put people 8 feet away from each other, that would not go awry.
But it’s all going to be alright, because faced with concern about the safety protocols, the NCBLE have just announced an emergency step to make everyone safe:
Well, that’s a relief!
The new score, which is still more restrictive than many jurisdictions including New York, highlights exactly how artificial the “but 20 percent of applicants fail the bar exam” canard is. Bar examiners set the score to arrive at roughly that figure and this announcement is not an accommodation but a recognition that they expect slightly lower overall scores under these conditions. That the examiners simultaneously announced that the score would return to 270 in July 2021 proves that.
In any event, this is what a two-day exam is going to look like. This is the altar where we’ll make our sacrifices for the profession’s hazing ritual.
Earlier: Law Firm Sends Letter To Governor Demanding He Stop In-Person July Bar Exam To Protect Public
North Carolina Also Demands Waiver In Case It Kills Anyone With Bar Exam
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.