DC Court of Appeals Issues Order Allowing Temporary Practice and Bar Exam Waiver in DC
The DC Court of Appeals today issued an order providing for limited practice of law in DC without taking the bar examination (an approach often referred to as 'diploma privilege'). This summer the Court scheduled an online examination for October 5-6, 2020, after determining that pandemic conditions make an in-person summer or fall exam infeasible. In July 2020, a number of applicants petitioned the Court to make changes to the bar-admission process. The Court solicited public comment on the topic and received many hundreds of comments in response. After carefully reviewing those comments, the Court has reached a decision to allow limited temporary practice, which the Court finds is the appropriate balance between the interests of applicants, employers, the judicial system, and the public.
"Throughout the pandemic emergency, the court has been transparent and collaborative with stakeholders as we grappled with the interests of health and safety, protection of the public, and the careers of recent law school graduates," said D.C. Court of Appeals Chief Judge Anna Blackburne-Rigsby. "Although I found myself compelled to dissent from part of the order, I appreciate the thoughtful comments submitted to the court regarding temporary practice and exam-waiver licensure and the many hours of hard work our staff and my colleagues have devoted to reaching this decision."
As indicated in the order, applications based on an emergency examination waiver may be submitted beginning at 10 a.m. Eastern time on January 11, 2021, and must be submitted by 5:00 p.m. Eastern time on April 30, 2021. **Applicants who wish to withdraw from the exam to pursue the exam-waiver admission option must do so by Saturday, Septembert 26 at 11:59pm Eastern Time.
Court staff and others are working diligently to prepare to administer and grade that examination, to conduct character and fitness reviews, and then to admit qualified applicants. Court staff also are processing numerous applications for admission to the Bar by motion. Priority will be given to processing applications of bar examinees.
The Court continues to evaluate the bar-admission process in light of changing and uncertain conditions.
Order overview:
The order specifies that to be granted authority for temporary practice, an applicant must:
- have received a JD in 2019 or 2020 from an ABA-accredited law school
- have applied for the DC bar exam in 2020 or 2021 (even if they subsequently withdrew and received a refund)
- not have been admitted elsewhere, failed a bar exam, or been denied admission elsewhere
- be certified by the dean of their law school as having good character and legal competence
- read the DC Bar and professional conduct rules and
- complete the mandatory course on professional conduct and DC practice presented by the DC Bar
- be supervised by an experienced member of the DC Bar who is the applicant's employer or a legal service provider
- give notice
Applicants may also file a motion requesting waiver of the first three qualifications.
To qualify under the order for admission by emergency exam waiver, an applicant must:
- have received a JD in 2019 or 2020 from an ABA-accredited law school
- have applied for the DC bar exam in 2020 (regardless of subsequent withdrawal and refund)
- not have been admitted in another jurisdiction, sat for another bar exam, or been denied admission elsewhere
- have passed the Multistate Professional Responsibility Exam
- demonstrate character and fitness
- complete the mandatory course on professional conduct and DC practice presented by the DC Bar
- practice for three years under supervision of an experienced member of the DC Bar who is the applicant's employer or a legal service provider
- give notice
Applicants may also file a motion requesting waiver of the first three qualifications.
NOTE: Chief Judge Blackburne-Rigsby, and Associate Judges Glickman and Thompson dissented from the grant of emergency examination waiver; their dissent is included at the end of the order.
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