On a quick read, the proposed changes look awful on multiple levels. First, the task force is effectively pushing to have NY ditch the UBE. Specifically, the recommendation is for NY to still administer the UBE, but to make the UBE neither necessary nor sufficient for admission to the NY bar. Instead, the proposal is to require, at each candidate's choice, either 1) UBE + "rigorous" NY component (for candidates who wish to earn a UBE score for use in other jurisdictions), or 2) MBE only + "rigorous" NY component (for candidates who're only interested in NY bar admission). So if this goes through, NY will be a UBE state in name only, basically, because the only component of the UBE that will really "count" in NY is the MBE.
Of course, the task force, realizing that pushing to make NY non-UBE again would be massively unpopular, doesn't expressly admit it's pushing to ditch the UBE. But that's effectively what its proposal amounts to: returning NY to its pre-UBE state.
The second boneheaded proposal is to introduce some form of diploma privilege. Again, the task force declines to actually use the words "diploma privilege" for PR reasons, but that's basically what the proposal amounts to:NYSBA wrote:those who want to practice in New York must take a rigorous New York law examination and the multi-state bar examination, which was the format prior to the UBE
You know what this'll result in? T4 and unranked law schools around the country will start offering "New York law-based content" yesterday. They'll actually require their students to take these classes so they will be NY-barred upon graduation. No longer will they risk losing ABA accreditation due to low bar pass rates.NYSBA wrote:Consider a New York law Certification program that would allow people to forego the bar exam entirely. Under this program, ABA-accredited law schools inside and outside of New York would offer courses that include New York law-based content.
Very important to note that the NYSBA is a voluntary bar association, and not an integrated bar. Hopefully the NY Court of Appeals sees sense and declines to adopt the NYSBA task force's recommendations.