This article originally appeared in The Bar Examiner print edition, June 2015 (Vol. 84, No. 2), pp 2–3.
By Bryan R. Williams
It seems only recently that I was writing my first “Letter from the Chair” column, and now this marks my last. A number of past chairs have told me how quickly the year passes when you are in this position, and they are certainly correct. This has been an exciting year full of issues affecting the bar examining community and the profession as a whole.
I would like to thank the wonderful NCBE staff in Madison for making this such a memorable year. In addition to our leader, Erica Moeser, we are fortunate to have people who are not only excellent at their particular jobs, but dedicated to detail in a way that makes certain that the products produced by NCBE are excellent. The work of the NCBE staff on every level is extraordinary, and we are truly lucky to have such dedicated professionals to serve this organization. From the various department heads who oversee testing, investigations, and technology; to the psychometricians; to those responsible for the scheduling of meetings, seminars, and training sessions; to those responsible for the editing of this magazine, the NCBE staff has always proved to be exceptional. Certainly my work has been made easier because of them.
This year has seen several challenges that will continue to be issues for the bar examining community. One of these challenges involves the results of the July 2014 bar exam, which revealed that on the whole the bar passage rate had fallen. In this issue of the magazine, articles from both NCBE President Erica Moeser and NCBE Director of Testing and Research Dr. Mark Albanese address the drop in scores and explain the steps that NCBE immediately took to determine the correctness of the MBE equating process.
The drop in scores for the July 2014 administration served as a wake-up call, in many corners of legal education and bar admissions, to a trend that is likely to continue for the foreseeable future. Much more attention in the media is now being paid to the scores on tests that predict success in law school, the number of students actually entering law school, the number of students who take the LSAT but decide not to attend law school, and the implications of these factors for the profession. This will be an ongoing issue that may help define legal education and bar admissions in the years to come.
Another development this year relevant to bar admissions is a recent decision by the United States Supreme Court holding that state licensing boards controlled by market participants do not enjoy automatic immunity from antitrust laws. An article in this issue of the magazine provides an analysis of the implications of this ruling for state boards of bar examiners.
One of the most exciting developments this year has been the expansion of the adoption of the Uniform Bar Examination. In January, Kansas announced its adoption of the UBE to commence in February 2016. Then in May, New York announced that it would become the 16th jurisdiction to adopt the UBE, with administration to commence in July 2016. With the addition of New York as a UBE jurisdiction, the UBE will now be administered in the state with the largest number of annual bar exam takers in the country.
In late April and early May, NCBE’s Annual Bar Admissions Conference, held in Chicago, had the highest number of attendees of any such conference and had representation from 54 jurisdictions. This conference, with its emphasis on law school enrollment, law school debt, bar admission trends, and employment, provided a much-needed opportunity to explore the implications of the dramatic changes in some of these areas for bar admissions. Additionally, the sessions that addressed character and fitness and ADA issues proved to be extremely informative.
In early May, NCBE and the legal community were saddened to learn of the passing of Richard Bartlett, a former chair of NCBE’s Board of Trustees, a former board member and chair of the New York State Board of Law Examiners, a jurist, and a practitioner. On a personal note, I was proud to have served with Dick on the New York State Board of Law Examiners, and it was Dick who first got me involved in NCBE activities nearly 20 years ago. Dick was a giant in the profession and will certainly be missed.
I would like to thank the members of the NCBE Board of Trustees and the committee chairs for all of their hard work and dedication this year. As a result of the vision of our immediate past chair, Margaret Fuller Corneille, the Board has started to proceed with a strategic plan that will help shape the direction of this organization for years to come. To see that plan through, the Board will be guided by our chair-elect, Hon. Thomas J. Bice of lowa. I wish Tom all success.
It has been an exciting and productive year. It was a year that passed quickly, and one that I will not forget.
Best regards to all.
Sincerely,
Bryan R. Williams
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