A Bar Exam Unlike Any Other: Board of Law Examiners Administers Historic Bar Exam
The North Carolina Board of Law Examiners (NCBLE) administered a bar exam unlike any other in July 2020. According to the National Conference of Bar Examiners, North Carolina was one of 24 jurisdictions nationwide that administered the exam on July 28-29. Several other jurisdictions rescheduled the exam or postponed it indefinitely.
Kimberly Herrick, who chairs the NCBLE, was pleased with the results and grateful for the efforts of volunteers and staff of the NCBLE, led by Executive Director Lee Vlahos.
“Lee worked so very hard,” Herrick said. “The good thing about this is that some of the changes we made in recent years, like upgrading our system so it is almost entirely paperless, was lucky in terms of timing for us because we have had very little interruption in our ability to do what we needed to do.
“The staff worked remotely when it needed to, and any board members who wanted to help grade remotely were able to do so. All of that is due to Lee keeping us consistently upgraded.”
Prior to administration of the July exam, the NCBLE announced changes to the passing score for July 2020 and February 2021 related to COVID-19:
- Minimum passing score was reduced from 270 to 268;
- Minimum acceptable score for UBE Transfer applicants who sit for the UBE in July 2020, September 2020 or February 2021 was reduced from 270 to 268; and
- Minimum passing score will return to 270 for the North Carolina Bar Examination in July 2021.
“Everyone who started the exam finished it,” Herrick said. “The overall pass rate was 83 percent. February 2019 was the first time we administered the Uniform Bar Exam and we have already seen a significant increase in the pass rate; last year the July pass rate was 72 percent, so 83 percent was good.
“I was so excited to see that we had such a good passage rate. We were worried what effect the overall situation and having to go through their last semester of law school largely online might have on people’s ability to prepare for the exam.”
The NCBLE weighed numerous factors before deciding to administer the bar exam as scheduled on July 28-29.
“We talked to the deans of the law schools and they were very hopeful we could give it in July,” said Herrick. “They were opposed to delaying the exam as it would create a financial hardship for a lot of these folks.
“As far as planning and making sure we could have the July bar exam, our testing requirements have always been in a socially distanced setting. With this exam, we had to see if we could administer it implementing even more distancing, although the tables we use have always been a certain number of feet apart.”
All along, she added, the NCBLE focused on administering the exam safely and following guidelines.
“We corresponded with the Governor’s Office to make sure we would not be in conflict with any of the Governor’s orders for gatherings,” Herrick said. “We continually monitored the situation and recommended public health and safety guidance, and we were able to go forward and give a safe bar exam. To date we have not had any notifications of any attendee testing positive for COVID-19 as a result of attending the exam – applicants, proctors, staff, or board members.
“We notified everyone ahead of time that they would be required to answer screening questions, and about a month before we advised attendees they would be required to submit to temperature checks each day of the exam prior to check-in. We employed health care professionals to conduct the temperature screenings at the exam each day. I think notifying everyone about expectations ahead of time helped a lot.”
Will things be any different in 2021?
“I don’t know,” Herrick said. “We have good communications with the deans of the law schools and our executive director personally visits all of the law schools upon request, so she is able to get feedback from them and see what is going on. She also regularly communicates with the executive directors from other jurisdictions. It is something we are continuing to monitor.
“The applicants are not shy about communicating their concerns to us, and we take steps to address these concerns. We are appreciative of the information that we receive from the deans and the students and graduates.”
Herrick practices with Mills Law, P.A., in Concord, and also serves as a paralegal instructor at Central Piedmont Community College. She is a graduate of the University of North Carolina at Chapel Hill (B.A.), North Carolina Central University School of Law (J.D.), and Georgetown Law Center (LL.M.)
She has served on the NC Board of Law Examiners since 2010, and as board chair since 2019.
“When I first submitted my information to the council to see if they would appoint me, I had no idea what all it would entail,” Herrick said. “I have certainly enjoyed it and have gotten to know a lot of people.”
Russell Rawlings is director of external affairs and communications for the North Carolina Bar Association.