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Pennsylvania Board of Law Examiners Phone (717) 231-3350 601 Commonwealth Ave., Suite 3600 Fax (717) 231-3351 P.O. Box 62535 www.pabarexam.org d Harrisburg, PA 17106-2535

July 22, 2020

Mark C. Alexander, Charles Widger School of Law April M. Barton, School of Law Danielle M. Conway, Penn State Dickinson Law Daniel M. Filler, Thomas R. Kline School of Law Michael J. Hussey, Commonwealth Law School Gregory N. Mandel, Beasley School of Law Kimberly M. Mutcherson, Rutgers Law School Theodore W. Ruger, University of Carey Law School Hari M. Osofsky, Penn State Law Amy J. Wildermuth, University of School of Law

Dear Law School Deans: I write on behalf of the Board of Law Examiners to thank you for your letter of July 17, 2020, and to respond to it. We appreciate your offer of assistance as we plan for October’s remote bar exam. We are grateful for the long-standing relationships the Board has with law schools, and our ongoing discussions will be particularly helpful in addressing issues related to the remote exam. Indeed, as you know, last week our Executive Director and I met by video with administrators and faculty members from your schools, and they provided helpful and collaborative insight. In your letter, you raise a number of concerns about remote exam administration. We are aware of those issues and others that have been raised, and we are working to address them. You note the possibility that applicants may have unequal access to adequate testing space. To address that issue, we have been discussing with the Pennsylvania Bar Association a project by which the PBA would solicit law firms to offer empty conference rooms and offices for bar applicants to use to take the exam. We understand many of your schools may also be able to make suitable space available for applicants, and we will be glad to discuss with you the logistics for that proposal. Your letter suggests that, in light of concerns with a remote bar exam, the Board should instead recommend to the Pennsylvania Supreme Court that it authorize a one-time “diploma privilege.” We have considered your letter and the

July 22, 2020 Page 2 of 2 considerable commentary others have offered in various fora and, while we take very seriously and respect those analyses, after deliberation we believe the better course is to focus on preparing for the remote exam in October. Again, thank you for your offer of continued dialogue and collaboration to ensure a successful remote bar exam in October. Very truly yours,

David R. Fine Chair