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Law360 (May 4, 2020, 8:54 PM EDT ) The D.C. Court of Appeals announced Monday that the next District of Columbia bar exam will take place in September due to COVID-19, a decision coming behind several other jurisdictions that have also delayed the exam because of the pandemic.
The next exam is set for Sept. 9-10, although the court acknowledged it could delay again if it determines the exam cannot be safely administered. The court last month announced the cancellation of exams that were scheduled for July.
"In consultation with the District of Columbia Department of Health, the court will continue to monitor COVID-19-related public health developments, guidance issued by the World Health Organization and the Centers for Disease Control regarding large gatherings and recommended safety precautions during the pandemic, and related directives by the Office of the Mayor of the District of Columbia," the court said.
The test will be administered at multiple locations, with new health and safety precautions being taken, including each examinee bringing and wearing a mask along with the possibility of having their temperatures taken. Social distancing will "almost certainly limit the available seating," the court said.
The decision comes after the California Supreme Court on April 27 postponed the summer bar exam to September and ordered the state bar to do its best to administer the test remotely, citing "enormous challenges" stemming from the coronavirus pandemic.
The Philadelphia Bar Association last month said it supported a statewide proposal from a group of area law school deans to allow 2020 law school graduates to begin practicing law even if the bar exam is delayed.
Also last month, the New Jersey Supreme Court announced it had rescheduled its bar exam for September, though it warned that the new dates weren't set in stone given the uncertainty surrounding when social distancing protocol will be relaxed. Law school graduates in the state will also be able to start practicing law ahead of the exam under the supervision of attorneys in good standing, the state Supreme Court said
The New York Bar Association said in March that it was considering possible alternatives to holding the July bar examination, including postponing or administering the test remotely. And Massachusetts has pushed its test to September while also committing to proctoring the test online if state testing officials determine it's still unsafe to hold it at that time.
The D.C. Court of Appeals said it is also considering an online examination with remote proctoring, provisional licensure or licensure based on a period of supervised practice if the September test cannot be administered.
--Additional reporting by Hailey Konnath, Mike LaSusa, Brian Dowling, Jeannie O'Sullivan and Matt Fair. Editing by Emily Kokoll.
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