Nevada Turns to Online Open Book July 2020 Bar Exam

On May 20, 2020, in a 5 to 2 ruling, the Nevada Supreme Court decided - in light of the ongoing COVID-19 pandemic - to approve remote online testing for the July 2020 bar exam with exceptions for hand-writers and testing accommodations.  

Nevada now joins Indiana and Michigan as the other states thus far to move to online July 2020 bar exams: https://news.bloomberglaw.com/us-law-week/more-states-move-upcoming-bar-exams-online-in-response-to-virus

In its order, the majority stated that proceeding with an online remote exam in July 2020 will provide "stability to applicants during uncertain times," that the remote exam format will enhance the safety of bar takers and exam administrator in light of on-going social-distancing requirements, and that the use of a psychometrician will "ensure reliable grading" for the online written exam in determining minimum competency.

In its decision, the Supreme Court rejected the idea of diploma licensure, believing that such a provision would not adequately protect the public.  

In addition, the Court rejected the idea of postponing the bar exam, indicating that there were "insufficient" assurances that an actual in-person bar exam could take place with a two-month delay until September 2020. 

As indicated in the appendix attached to the Supreme Court's order, the remote online exam will be open book.

For the details, please see the order and the appendix to the order available at the following link: https://www.nvbar.org/wp-content/uploads/ADKT.558.order_.modified.bar_.exam_.pdf

P.S. In a blog entitled "Umasked," I previously wrote to encourage regulators and Supreme Court jurists to consider moving to online open book exams: https://lawprofessors.typepad.com/academic_support/2020/05/unmasked.html

Now, let me add a word about the potential benefits of utilizing online open book written bar exams this summer.

First, online open book written bar exams would refocus preparation efforts in a dramatically helpful direction because, rather than spending much of one's efforts conquering multiple-choice strategies, which are plainly irrelevant to the practice of law, bar takers will spend the bulk of their preparation efforts in refining critical reading skills, issue spotting skills, organization skills, and written communication skills through countless practice of essays and performance tests.

Second, online open book written bar exams would help bar takers better appreciate the benefits of their post-graduate bar preparation experiences, even if they bristle at the thought of taking a bar exam often due to fear, because they are more likely to recognize through the process that their reading, thinking, and critical writing skills are improving, which will benefit their future clients.

Third, online open open book written bar exams will better support bar applicants, administrators and examiners, and the public because; first, the bar exam need not be postponed, perhaps indefinitely; second, because it would better protect the safety of all involved in light of the continuing pandemic; third, became it would provide some direction and stability in the midst of these difficult times; and forth, because it will ensure an ongoing supply of new attorneys to better serve the public.

In sum, yes, it's a difficult task to move to an online open book written bar exam.  But sometimes the best things in life come about only as we - we all - push forward in the midst of difficulties.  

Let me put it plainly. 

To rest on past laurels, as the NCBE and many bar examiners seem to advocate with the retention of a traditional bar exam, is to let the moment pass us by, with no progress towards the future.  It's not to meet the challenge head on.  Laurels of the past become dry and brittle.  As such, they aren't meant to serve the future.  Rather, it's up to each of us to learn from the past and then to spring boldly into the future - a future filled with challenges, obligations, and promises.  This is our moment to act - united together - in courage.

(Scott Johns).