January 9, 2007
Texas Amends Bar Exam Repeat Rule
Tim Zinnecker (South Texas College of Law) passed along a link to the story that the Texas Supreme Court (below right) has amended its "four times and you're done" rule on taking the bar exam, allowing four time unsuccessful takers to get a waiver of the limit by showing "good cause." I'm not sure why anybody would care how many times you take the exam, and it's not clear from the story whether the applicant seeking to take it a fifth time was complaining that the rule or the exam itself was unfair. By the way, it looks like Supreme Court justices in Texas are elected. I didn't see any limits on how many times you could run before you were disqualified from running.
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Jeff, I don't see much utility for the old rule and I agree with your implicit parallel to other life failures like running for judicial office. But I hate, HATE, the good cause exception. What is that going to be based on? How is that going to be doled out equally and fairly? Won't it inevitably wind up benefiting those from certain schools and families? I would rather there be a clear and anonymous rule, or no rule, than this discretionary one. If what they are trying to capture and protect (as is hinted at in the article) are near-misses, they could easily have a rule that allows a 5th attempt on a showing of two performances only x points away from passing. But the absurdity of that makes your point: if someone has several far-misses and then aces it, why would that person be eliminated?
Posted by: Childress | Jan 9, 2007 2:37:42 PM