By Rose Krebs

Law360 (July 8, 2020, 5:52 PM EDT) -- Those taking the bar exam in Delaware this year will do so at a new location because of the COVID-19 pandemic, with officials announcing Wednesday that the exam will be held at the state fairgrounds from Sept. 9 to 11.

The Delaware Supreme Court's Board of Bar Examiners announced that this year's exam will be moved from its usual location at the Widener University Delaware Law School in New Castle County to the fairgrounds in Harrington, Kent County. The move was prompted by heightened security measures required amid the public health crisis, the board said in a statement.

The board said the state fairgrounds site is the best location to "safely and securely administer an in-person test this year."

"We believe that the temporary move to the state fairgrounds is in the best interests of the health and safety of all involved and will allow us to hold the exam this year under our current circumstances," said the board's chair, Jennifer Wasson. "Some states have had to cancel in-person tests completely for 2020. While this year's location may create some inconvenience for bar applicants, this imposition is necessary to allow the Delaware bar exam to go forward."

The fairgrounds site will have necessary security and infrastructure in place to administer the test, including measures for social distancing of at least 8 feet between test-takers, the board said.

According to the board, the state fairgrounds has "multiple free-standing, enclosed, air-conditioned buildings suitable for exam administration." The exam will be administered in four buildings, and applicants will be notified ahead of the exam dates which building they are assigned. Buildings will be clearly marked and parking will be available, the board said.

Facilities in New Castle County either did not meet safety requirements or were unavailable on the required dates, the board said. The bar exam is expected to return to New Castle County next year, according to the statement.

Those taking the bar exam and testing staff will be required to wear masks covering their nose and mouth. Additionally, those who enter the testing sites will be subject to a temperature check and screening questions, the board said.

"Arrival times will be staggered to cut down on crowding at the entrances, there will be a thorough cleaning of the testing area each day (along with frequent cleaning of 'high touch' areas) and hand sanitizer will be available throughout the facility," the statement said.

Safety measures may be adjusted as needed as the testing dates approach, pending any changes in state restrictions. Advice from health experts and state officials will be used to determine any changes to security measures as needed, and those taking the test should check emails and notices on their online application for updates, the board said.

In May, the Delaware Supreme Court postponed the state's annual bar examination, pushing the start date from July 27 to Sept. 9. At that time, the Board of Bar Examiners said it was in close contact with the National Conference of Bar Examiners and other jurisdictions about the date change.

The national group reported that 68,305 people took bar exams last year, with about 65% attempting the test for the first time. About 58% of the 2019 total passed the exam.

Delaware's bar examination includes the Multistate Bar Examination, two multistate performance tests, eight essay questions on topics such as constitutional law, contracts, corporations, criminal law, equity and Delaware court procedures, among others.

--Additional reporting by Jeff Montgomery. Editing by Haylee Pearl.

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