August 13, 2020 Chief Judge Mary Ellen Barbera Judge Brynja M. Booth Judge Michele D. Hotten, Judge Robert N. McDonald, Judge Shirley M. Watts Judge Joseph M. Getty Judge Jonathan Biran Maryland Court of Appeals 361 Rowe Boulevard Annapolis, MD 21401 Re: Diploma Privilege for Maryland Dear Chief Judge Barbera and Associate Judges of the Maryland Court of Appeals: The COVID-19 pandemic has disrupted our society and caused immeasurable hardships for Marylanders. Because thousands of Marylanders have been unable to pay their bills, one of the most pressing concerns is the impending tsunami of both eviction and debt collection filings. Now that courts are reopening, many struggling residents will face eviction and debt collection proceedings without the benefit of legal counsel. The legal community, and specifically law students and recent graduates, have not been immune from the adversity caused by the pandemic. Graduates of our state’s law schools have seen their opportunities dwindle and their job offers rescinded because of the uncertain economic climate. Furthermore, the uncertainty and delay of the bar exam has led to rescinded job offers, salary cuts, and financial difficulties for applicants, many of whom are carrying a mountain of student loan debt. For these reasons, we urge you to consider permitting bar applicants to forgo the bar exam and immediately enter the profession. Offering diploma privilege to recent graduates and first time applicants could assist these new professionals while contributing to a pressing need in our state. We understand that you are already evaluating several options for this fall’s scheduled online exam, and hope that diploma privilege will be studied as an alternative. During a pandemic, there is no good way to administer a bar exam. Because of the obvious public health risk of an in-person test, Maryland’s bar exam is set to be held online this year. But online administration poses a number of challenges. As of now, applicants have very little information as to the processes or practical implications of an online bar exam. A recent survey of graduates from University of Maryland and University of Baltimore Schools of Law found that a majority of applicants will not have access to quiet space, childcare, adequate technology, or reliable internet access for the exam. There are also numerous security concerns about an online bar exam. One major concern is the use of artificial intelligence during an online examination to monitor applicants. Artificial intelligence has difficulty recognizing people of color and applicants are concerned their exams will be flagged because of algorithmic bias embedded in the software. Further, there are concerns about hacking and improper use of facial recognition technology through artificial intelligence. These concerns have recently come to fruition through the high-profile failures of Michigan’s online bar exam and an online certification test administered by the American Board of Surgery. Finally, the inequities associated with the current plan will have a greater impact on communities who have historically been underserved and underrepresented in the legal profession. The survey of recent law school graduates indicated that non-white bar applicants are more likely to face poor mental health, feel less comfortable taking an online bar examination, and experience disproportionately more hardships related to the COVID-19 pandemic. While holding any type of bar exam is difficult, we appreciate that offering immediate bar admission to recent graduates poses its own logistical challenges. We therefore would support limitations to any grant of diploma privilege, such as offering it on a one-time basis, limiting the privilege to practicing law only in Maryland, restricting it to only graduates of Maryland law schools, or offering to new attorneys planning to pursue a career in public interest law. But regardless of the scope, this issue deserves serious consideration. Diploma privilege could provide an incentive for recent graduates otherwise unable to practice law to serve on the frontlines of our economic recovery. More than ever, our state desperately needs its law school graduates to help confront the unprecedented challenges we face. Sincerely, Delegate Julie Palakovich Carr, District 17 Delegate Vaughn Stewart, District 19 Senator Shelly Hettleman, District 11 Senator Clarence Lam, District 12 Senator Jim Rosapepe, District 21 Delegate Gabriel Acevero, District 39 Delegate Heather Bagnall, District 33 Delegate Erek L. Barron, District 24 Delegate Lisa Belcastro, District 11 Delegate Regina T. Boyce, District 43 Delegate Lorig Charkoudian, District 20 Delegate Eric Ebersole, District 12 Delegate Julian Ivey, District 47A Delegate Carl Jackson, District 8 Delegate Ken Kerr, District 3B Delegate Mary A. Lehman, District 21 Delegate Robbyn Lewis, District 46 Delegate Brooke Lierman, District 46 Delegate David Moon, District 20 Delegate Joseline Peña-Melnyk, District 21 Delegate Mike Rogers, District 32 Delegate Sheila Ruth, District 44B Delegate Stephanie Smith, District 45 Delegate Jheanelle Wilkins, District 20 Delegate Pat Young, District 44B