Illinois bar applicants seek diploma privilege amid pandemic News
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Illinois bar applicants seek diploma privilege amid pandemic

Applicants to the Illinois Bar filed a petition with the Supreme Court of Illinois on Monday seeking admission by diploma privilege instead of taking a bar exam.

The state of Illinois has put forth several measures to mitigate the harmful effects of COVID-19. In addition, the Illinois State Bar association has begun administering continuing legal education seminars online, the Illinois Supreme Court has conducted remote hearings and some Illinois law schools have moved to hybrid-online learning for the fall semester. Applicants for the bar argue that similar precautions should be taken.

Further, applicants argue that diploma privilege is the most fair and equitable solution in light of the COVID-19 pandemic. More specifically, applicants contend that temporary licensure would not be appropriate because applicants would have to halt their careers to study for the bar exam at a later point in time. In some circumstances, employers may not allow associates to take time to study for the bar, requiring them to manage studying with a full time job. Applicants also highlight states that have already implemented diploma privilege or provided applicants alternatives to taking an in-person bar exam.

The petition further states:

We are a collective of law students who have recently graduated law school and who plan on practicing law in Illinois, law school professors, attorneys, health care professionals, and other concerned supports. We urge the Supreme Court of Illinois to adapt to the current crisis brought about by the COVID-19 pandemic by revising the state licensing system in Illinois to ensure that the needs of our profession and communities are met during this uncertain time. A bar exam administered during this ongoing and severe crisis likely will not adequately assess competency, but will instead primarily assess an applicant’s ability to have managed their personal and financial affairs during a pandemic. In other words, a bar examination administered during this critical and unprecedented time will measure an applicant’s financial means and personal privilege, not legal knowledge. Diploma privilege is the solution that best protects and supports Illinois citizens who need legal representation and most reasonably addresses the various problems that have arisen as a result of COVID-19.

Applicants seek a court order allowing the Illinois Board of Bar Examiners to grant them diploma privilege.

For more on COVID-19, see our special coverage.

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