August 18, 2020
Maryland Court of Appeals
361 Rowe Blvd
Annapolis, MD 21401
Re: Maryland Bar Examination
Dear Chief Judge Barbera and Associate Judges of the Court of Appeals:
Recently, several members of the Maryland General Assembly wrote to you requesting a
"diploma privilege for Maryland" for individuals to be admitted to the Bar who have not, in fact,
passed the Bar Exam. While we respect the opinions of our colleagues, the undersigned,
including those of us who are admitted to practice before the Court of Appeals, respectfully
disagree.
It is certainly true that the COVID-19 pandemic has disrupted life as we have known it. Not
only has it resulted in upheaval for the legal community and recent law school graduates, but it
has also adversely impacted society as a whole, including clients and prospective clients served
by the legal community who deserve to have confidence that their attorney possesses some
level of legal acumen associated with admission to the Bar.
As our colleagues point out, "[d]uring a pandemic, there is no good way to administer a bar
exam". We believe, however, that in order to instill faith in our system of justice, recent law
school graduates should be subjected to an examination of the basic tenets of law just as
generations of prospective candidates for admission to the Bar have been before, even in times
of turmoil. The Bar Exam is not a hazing ritual, as you well know. It is designed to ensure that
candidates seeking admission to practice before our courts have some basic, universal
proficiency just as other professions, i.e. CPAs, plumbers, electricians, etc., are required to
exhibit, notwithstanding the global pandemic.
In addition, we have some logistical concerns about the implementation of our colleagues'
proposal. How would they define a "recent graduate"? Would it apply to recent graduates
who have taken and failed recent conventional bar exams? Why would their proposal only
apply to "graduates of Maryland law schools or those planning to pursue a career in public

 interest law"? Would not this approach result in disparate treatment of those who went to law
school outside of Maryland, or choose other fields of the profession? Is this legally or
Constitutionally permissible?
Furthermore, while we recognize that a number of security concerns have been raised
concerning a candidate for admission's personal data in taking an online examination, the same
could also be said for that of any other prospective member of a trade or profession who is
subject to testing prior to obtaining a license. At the very least candidates could safely and
securely be examined on the Maryland essay portion of the bar exam, thereby obviating the
security concerns associated with the multi-state portion.
To summarize, please do not permit the baby to be thrown out with the bath water. As
legislators, we have grave and substantial concerns regarding any conferring of “diploma
privileges” for individuals who have not successfully passed a meaningful Bar Exam, and
certainly reserve the right to pursue legislative solutions to address these concerns. Even in the
face of an unprecedented public health crisis, now is not the time to soften the requirements
for admission to practice law in the State of Maryland.

Delegate Jason C. Buckel
District 1B, Allegany County

Delegate Haven Shoemaker
District 5, Carroll County

Chris West
Delegate Daniel L. Cox
District 4, Frederick and Carroll Counties

Susan McComas
Susan McComas
District 34B, Harford County

Senator Chris West
District 42, Baltimore County