Law students argue taking Florida Bar exam in person is a COVID-19 risk. They want options.
Update: The Florida Board of Bar examiners on Wednesday agreed to move the test online.
A group of law students is pushing to take the Florida Bar exam on-line instead of in person, arguing that the large group gathering to take the grueling, two-day test puts them at risk of catching and spreading COVID-19.
An online petition calling for Florida Board of Bar Examiners, which oversees a test that is the last hurdle to obtaining a license to practice law, to come up with an alternative has garnered more than 1,300 signatures as of Monday. Doing online testing is a step that other standardized exams like the LSAT, GRE and AP exams have already taken in response to the pandemic, which is surging in Florida.
So far, the board has rejected the appeals of prospective new Florida Bar members.
For University of Miami School of Law graduate Johnny Carver, taking a test essential for his career could be life threatening. He has several autoimmune disorders, including ulcerative colitis. He recently had surgery and is on bed rest while still intensively studying for the exam.
“I think that there’s this thought that because other lawyers had to go through this bar exam, we need to go through that rite of passage as well,” he said. “Well, they didn’t necessarily have to go through a pandemic.”
Carver believes the bar should follow the lead of Washington and Utah, which have already adopted emergency diploma measures for bar examinees in response to the pandemic that essentially accredits them as lawyers without needing to pass the test, which is scheduled for July 28 and 29.
“They’re not even allowing alcohol to be sold in our state right now at bars,” Carver said, “yet we’re taking a bar exam in one month.”
But, Michele Gavagni, executive director of the FBBE, wrote in an email that they will be implementing proper safety protocols and intend to proceed with the exam as planned.
“Based on extensive discussions with the Florida Department of Health and other medical experts,” Gavagni wrote, “we concluded that the best way to safely administer an exam that is fair, reliable, and secure is by administering the exam in-person.”
To promote social distancing, test takers will be split up and assigned to take the exam at one of two locations; either at the Tampa Convention Center or the Orange County Convention Center in Orlando. The Orlando location is currently being used as a COVID-19 testing location.
Other safety measures the board will implement include mandatory mask wearing, screening questions, temperature checks and testing tables positioned at least six feet apart in all directions. Students traveling from out of state to take the exam must quarantine for 14 days once they arrive in Florida.
Florida State Sen. Annette Taddeo, who represents the Kendall area, has expressed her support for the petition. She said she is concerned that there are no clear exemptions for high-risk individuals who are signed up to take the exam in July.
“Taking the bar is a key measurement to how much law students make at a job,” she said. “So really, you are literally asking certain folks, especially those high risk, to choose between not making as much money … versus risking their lives.”
Brian Heckmann, a Florida International University College of Law graduate, is immunocompromised and reached out to the board about the protective measures. He said he was told they would attempt to seat him in a room with fewer applicants and that if he felt he could not safely take the examination, he could postpone taking it at no cost.
“The FBBE doesn’t give a damn about the health or safety of applicants or the competent representation of clients,” Heckmann said. “They know all too well that competency can be established in other ways besides a bar exam. Their true motivation is solely, and inexcusably, protectionist.”
Michael Rutledge, a graduate of UM Law, is worried about potentially bringing COVID-19 home to his children if he has to take the high-pressure exam in person.
“There’s kind of an extra layer of anxiety with sitting for the exam with all these other people because I’ve got a family. I’ve got little kids at home.” he said. “I don’t think anyone really knew we were going to get this giant uptick in cases.”
This story was originally published June 30, 2020 at 10:29 AM.