Emergency Diploma Privilege for Applicants to the July 2020 Idaho State Bar Examination

The Issue

The effects of the COVID-19 crisis on recent law school graduates in the state of Idaho cannot be overstated -- we face a significant amount of uncertainty with respect to our professional futures and, due to the recent spike in COVID-19 cases throughout the United States, our ability to even take the bar examination itself. While Idaho is currently in the process of re-opening and walking back current protections related to COVID-19, the uncertainty of what may come in the next few weeks is unacceptable for those intending to take the bar examination this July. A last minute decision in light of a significant increase in cases would be far more disruptive than making a decision now to support recent graduates who are more exposed to harm as a result of that uncertainty. 

Following the example of Washington and Utah State to implement diploma privilege now serves to rectify at least some of that uncertainty. Current applicants to the Idaho State Bar would be able to remain confident that their career placements this fall would not be jeopardized and would allow applicants to plan around the next potential phases of the COVID-19 crisis.

Moreover, the decision by other states such as Washington and Utah to allow for diploma privilege for current bar applicants places Idaho applicants at a clear professional disadvantage if they are not afforded the same opportunity. The circumstances surrounding COVID-19 have disproportionately affected those with families and anyone already marginalized due to structural and systemic inequalities in access to healthcare. Anyone wishing to not risk exposure to this pandemic would be unable to take the bar examination even if proper social distancing protocols were followed -- applicants to the Idaho State Bar should not be expected to risk their lives for a professional license.  

In light of these circumstances, we call on the Idaho Supreme Court to follow the example of other states in allowing current applicants to practice under diploma privilege in order to mitigate the potentially disastrous effects of the COVID-19 situation. 

This petition had 325 supporters

The Issue

The effects of the COVID-19 crisis on recent law school graduates in the state of Idaho cannot be overstated -- we face a significant amount of uncertainty with respect to our professional futures and, due to the recent spike in COVID-19 cases throughout the United States, our ability to even take the bar examination itself. While Idaho is currently in the process of re-opening and walking back current protections related to COVID-19, the uncertainty of what may come in the next few weeks is unacceptable for those intending to take the bar examination this July. A last minute decision in light of a significant increase in cases would be far more disruptive than making a decision now to support recent graduates who are more exposed to harm as a result of that uncertainty. 

Following the example of Washington and Utah State to implement diploma privilege now serves to rectify at least some of that uncertainty. Current applicants to the Idaho State Bar would be able to remain confident that their career placements this fall would not be jeopardized and would allow applicants to plan around the next potential phases of the COVID-19 crisis.

Moreover, the decision by other states such as Washington and Utah to allow for diploma privilege for current bar applicants places Idaho applicants at a clear professional disadvantage if they are not afforded the same opportunity. The circumstances surrounding COVID-19 have disproportionately affected those with families and anyone already marginalized due to structural and systemic inequalities in access to healthcare. Anyone wishing to not risk exposure to this pandemic would be unable to take the bar examination even if proper social distancing protocols were followed -- applicants to the Idaho State Bar should not be expected to risk their lives for a professional license.  

In light of these circumstances, we call on the Idaho Supreme Court to follow the example of other states in allowing current applicants to practice under diploma privilege in order to mitigate the potentially disastrous effects of the COVID-19 situation. 

The Decision Makers

Idaho Supreme Court
Idaho Supreme Court

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