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Law360 (July 2, 2020, 6:17 PM EDT) -- The Texas Supreme Court on Friday canceled the in-person bar exam planned for July, but kept open the option for an in-person exam in September and added an online test that would be administered in October as the Lone Star State experiences a surge of COVID-19 cases.
The two-day, in-person exam will be offered September 9 and 10, so long as public health authorities allow it. The online bar exam is scheduled for October 5 and 6. Prospective Texas attorneys also have the option to switch their registrations to a bar exam scheduled for February.
Most justices on the court concurred in the decision, but were divided about the best way for the state to test bar applicants. Several wanted to keep the July test as scheduled. Several others called for alternative options in lieu of a bar exam this fall — Justices Jane Bland and Brett Busby said they would give applicants the option to do an apprenticeship that would allow them to be licensed after a certain number of hours of practicing under the supervision of an attorney.
Chief Justice Nathan Hecht and Justice Paul Green dissented from the order, saying they would prefer those registered for the July or September bar exams to be licensed through diploma privilege.
But Justices Eva Guzman and Debra Lehrmann said in the order that while it's important to discuss changes to licensing requirements, the state shouldn't act hastily.
"Eliminating a licensing requirement raises consumer-protection concerns, and any systemic reforms should not be undertaken without thorough vetting and input from all stakeholders, especially the public," they said.
They said an online bar exam "provides a reasonable and safe alternative that aligns more closely with our longstanding licensing requirements" and called upon the state's law schools to help any applicants who don't have adequate equipment or a reasonable place to take an online test.
On Thursday, following a five-hour emergency meeting, the Texas Board of Law Examiners recommended canceling both the July and September in-person exams and shifting all applicants to an online test.
Florida, Massachusetts, California and Washington, D.C. have all shifted to online bar exams. Florida and Massachusetts announced the change July 1, and California and D.C. made their calls in early June.
Board members said they wanted to ensure that graduates wouldn't be inhibited by disparities in internet connection or speed.
Susan Henricks, executive director of the Texas Board of Law Examiners, told board members during the emergency meeting that her staff will look into providing testing locations with good internet access for the October exam. She also mentioned possibly renting hotel rooms to create individual testing centers for graduates or enlisting law schools to provide testing areas.
The Board discussed the possibility of developing a supervised practice or apprenticeship program that would not require graduates to take the exam to become licensed. Several board members expressed concern that the supervised practice option — which is supported by Texas law school deans — wasn't fully developed yet.
--Editing by Orlando Lorenzo.
Update: This story has been updated to reflect the Texas Supreme Court's July 3 order.
For a reprint of this article, please contact reprints@law360.com.
