Honorable New York State Court of Appeals and Board of Law Examiners:

On October 26, 2020, the New York Board of Law Examiners (BOLE) announced the eligibility criteria for the first pool of applicant that will be allowed to register to sit for the NY bar exam in February 2021. The criteria did not include individuals holding an LL.M. degree. As pre-2020 LL.M. graduates, we respectfully request to be included during the next registration period to be opened in November 2020.

We understand that the current health crisis requires special measures to avoid the spread of COVID-19. However, we consider that these measures should not include the discrimination of certain groups of professionals, based solely on the degree they hold. Please consider that many of us have complied with all the requirements to be allowed to sit for the bar under the current and previous rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law, and our applications have already been accepted. We are not asking for special privileges. We want the opportunity to be allowed to sit and take the bar exam just as our colleagues who hold a JD.

For the October 2020 Bar Exam, the New York State Court of Appeals and BOLE limited exam applications. They cited the need for balancing health and safety with multiple other considerations. The exam was later moved online, eliminating the initial reason for excluding LL.M. graduates to limit the number of test-takers and promote social distancing. Even then, when the online modality offered distancing and convenience, LL.M., who graduated prior to May 2020, continued to be excluded. We do not consider this move to have been taken with bad faith, but rather as a preventive measure to test BOLE’s ability to navigate and adapt to the exam under a novel methodology. Like the New York State Court of Appeals, we are also satisfied that the administration of an online bar exam was successful. [1] Since the administration of an online exam was successful, we believe that LL.M. students should be allowed to sit for the February 2021 Bar Exam.

We recognize that It might be true that most JD students are citizens and nationals while LL.M. students are mostly foreigners. However, we believe that it is harmful that for the same reason, JDs are allowed to retest the bar exam while limiting the number of LL.M.’s, especially the repeaters. All of us have the goal to enhance our careers and lives by taking the bar exam that will allow us to practice law in the state of New York. Furthermore, we wish to be counted as future colleagues in this noble profession as lawyers, without being prejudiced for the scholastic paths we have taken to reach this moment.

As Law professionals, we seek what we believe is the fundamental pursuit of this career: Justice, fairness, and equality. These principles should be commended, and our pursuit of them should be tireless since they have the power to decide other peoples’ fate. We refuse to believe that this honorable Board would disregard these principles and refuse LL.M. graduates the opportunity to sit for the February 2021 bar examination.

As such, we respectfully request that you consider our petition and allow us to register to sit for the February 2021 New York Bar Exam.

[1] See Ne York State Court of Appeals announcement of October 21 “Announcement: February 2021 Bar Examination – October 21, 2020” http://www.nycourts.gov/ctapps/