Emergency Diploma Privilege Facilitates Forward Momentum for BYU Law Class of 2020

BY RACHEL EDWARDS

n April 23, 2020, leaders from byu Law and the model of licensure referred to as members of byu Law’s S. J. Quinney College of Law at “diploma privilege plus,” which O graduating class took the University of . allowed eligible candidates2 to part in the Law School’s first- In a statement accompany- become licensed to practice ever virtual graduation celebra- ing the order, the court wrote: law in Utah after finishing 360 tion. The remote celebration was hours of practice under the just one example of adaptations At present, the Court cannot supervision of an experienced, being made at colleges and uni- guarantee the Bar’s ability to safely licensed attorney, completing To date, nearly 200 candi- versities throughout the nation administer the Examination. . . . Nor the Utah State Bar New dates have applied for diploma as faculty, administrators, staff, is the Court in a position to predict Training Program, and passing privilege with the Utah State Bar. and students navigated the when it may be able to offer the the Multistate Professional We spoke to four such candi- personal and professional com- Examination. This creates hardship, Responsibility Examination. dates from byu Law about their plexities of the global corona- risk, and uncertainty for a range Deans D. Gordon Smith of experiences. virus pandemic. of individuals and organizations— byu Law and Elizabeth Kronk Just two days prior to that for law school graduates whose Warner of the S. J. Quinney Ashley Waddoups celebration, the Utah Supreme professional plans and future liveli- College of Law voiced their associate at ballard sphar Court took a bold step toward hood depend on receiving a license mutual support of the court’s mitigating pandemic-related to practice law, for the public and decision: Prior to graduation, Ashley hardships for Utah’s legal com- private entities who have factored Waddoups received an offer munity by announcing tempo- these graduates into their plans, We applaud the Utah Supreme from Ballard Sphar, a national rary amendments to the Utah and for the clients these new law Court for being at the vanguard firm specializing in litigation, State Bar admission procedures. graduates could serve at this of this issue. Asking our new law business transactions, and The court’s order made Utah the crucial time. . . . school graduates to wait for an finance. She completed her first jurisdiction in the nation . . . We are also committed to uncertain, future bar examina- practice hours under the super- to grant emergency diploma preserving excellence and high tion would be truly disastrous for vision of partners from Ballard’s privilege during the covid-19 ethics in the practice of law, and citizens who need immediate legal Salt Lake City office and says pandemic. The court’s unani- to protecting the public, whose help, employers who need support, that despite working entirely mous decision to authorize the lives and livelihoods may be in the and the graduates themselves. remotely due to covid-19, the alternative path to bar licensure hands of licensed .1 Allowing immediate access to the transition from law school came after fervent public debate job market allows them to put their student to attorney has been a and through collaboration with With these objectives in resources and talents into helping relatively smooth process. “I’m the Utah State Bar and academic mind, the court authorized a the most vulnerable Utah citizens.3 grateful to the Utah Supreme

38 clark memorandum in government and public Annemarie Garrett service practice. He accepted associate at a clerkship with the district kirton mcconkie court for the Fourth Judicial District of Utah and completed “I’m grateful the court was able the required 360 supervised to think outside the box and be practice hours clerking for flexible. I believe the diploma Associate Presiding Judge privilege option strengthened Kraig J. Powell and Judge the law community in Utah Derek P. Pullan before being overall,” says Annemarie Garrett, admitted to the Utah State who accepted a position Bar in October 2020. “Judges working in litigation at Kirton Powell and Pullen gave me McConkie in Salt Lake City significant projects in criminal before the coronavirus pan- law, civil law, and family law. It demic hit. “The most significant was nice to be able to focus my aspect of diploma privilege attention on those projects and is that, rather than taking an not divide my time between abstract exam, I qualified for work and studying for the my license through practical bar. I’ve been able to learn in experience doing the type of an enhanced way the rules of lawyering work I was hired to do civil procedure and the rules of in the first place. I think that’s evidence,” he says. beneficial.” Garrett says she has Cooper also says the a history of doing well on exams diploma privilege option eased a and passed the Multistate Ashley Waddoups financial burden. “I had saved up Professional Responsibility all through law school for a . “I was confident I prep course,” he says. “When licensing through diploma privi- Court,” says Waddoups. “With opportunity to make large-scale lege became available, I was Annemarie Garrett all the issues going on in the change. In law school, I had the able to cancel that class, which bradley slade (2) world, I don’t have to worry privilege of volunteering with saved my family thousands of about whether I’m going to be the Timpanogos Legal Center dollars. I have a wife and two able to work.” with victims of domestic vio- kids, and that savings covered The court has encouraged lence. Moving forward, I hope about a month of household diploma privilege candidates to contribute to my community expenses, including rent.” to complete their supervised in similar ways to make justice When it comes to the court’s practice by offering pro bono more accessible to people in decision, Cooper recognizes representation to those mem- Utah. So many people have the important contribution bers of the public most affected given so much to me, and I made by academic leaders by the covid-19 global pandemic, would love to have the opportu- from Utah’s legal community. and Waddoups is grateful to nity to give back.” “I saw many professors and be working for a firm that also administrators from both byu encourages its associates to Devin Cooper and the University of Utah post donate their time for the public clerk with utah’s fourth comments to the Utah Supreme good. “One of the reasons I was judicial district court Court on behalf of students,” he attracted to Ballard Sphar is that says. “This option was made they value diversity, pro bono For Devin Cooper, the court’s possible because of a lot of work, and other values that I temporary order for diploma work and sacrifice by many hold in my own life,” she says. privilege during the pan- people when it seemed that the “A really good way to influence demic has been beneficial world was shutting down due social change is through work- both personally and profes- to the pandemic. I am tremen- ing with businesses and larger sionally. During law school, dously grateful, and I know my corporations that have the Cooper developed an interest classmates are too.”

clark memorandum 39 Cory Thompson bradley slade

could pass the bar, even though says. “I loved law school and to the coronavirus, the entire actual job on the job,” he says. I was not looking forward to the everything I learned. And I love onboarding experience was “Frankly, I don’t think anything preparation the exam would being a lawyer.” virtual. “In April, eBay globally can replace practical experi- require,” she says. “I believe my closed its offices for all but ence. It’s more valuable than time was better spent working Cory Thompson essential workers that had to just about anything else.” through the diploma privilege in-house counsel at ebay be on-site,” he says. “All my requirements.” interviews were done by Zoom, notes When it comes to diploma As Cory Thompson prepared to and my corporate equipment privilege, Garrett wants to give graduate from byu Law, covid- was mailed to my house. I’ve 1 Utah Supreme Court, statement credit where credit is due. “I 19 was rapidly changing the never actually set foot in my accompanying temporary order, think the decision was handled hiring landscape. Prior to law office in Salt Lake.” Utah State Bar Diploma Privilege very well by the court. Kirton school, Thompson had worked As an attorney with eBay’s Resources, utahdiplomaprivilegeorg McConkie was considerate of for over a decade as lead con- commercial contracts team, .files.wordpress.com/2020/04 the safety and interests of the tracting officer for the United Thompson is engaged in a /statement-accompanying graduates, and I really appreci- States Air Force and, later, as corporate-wide special project -emergency-proposed-order.pdf. ate both my classmates and my a principal contract negotiator regarding data governance and 2 Eligible candidates include graduates professors for their role in this for the global software security information sharing. “Having of aba-accredited law schools with experience,” she says. One of company Symantec. “In March a solid, well-drafted, clear first-time bar passage rates of at least her reasons for attending law 2020 this [covid-19 pandemic] contract is a critical component 86 percent who had applied to take school was to pursue a career was all brand new,” he recalls. of successfully running a busi- the Utah State Bar exam in July 2020. that would allow her husband “Some law firms who had ness. Every successful business 3 Gordon Smith and Elizabeth to go into business for himself. intended to hire were putting needs a competent contracts Kronk Warner, “Utah Opens the “When the court announced hiring on hold. Everything was team.” From Thompson’s point Way for New Lawyers to Begin their decision about diploma really uncertain.” Thompson of view, a significant benefit Their Service,” Salt Lake Tribune, privilege, I was grateful that applied to several firms and to diploma privilege has been April 10, 2020, sltrib.com/opinion I was able to start working ultimately accepted an offer at the opportunity for supervised /commentary/2020/04/10/gordon earlier than expected,” Garrett eBay’s Salt Lake City office. Due practice. “I did training for my -smith-elizabeth.

40 clark memorandum Highlights from the 27th Annual Law and Religion Symposium

BY AMBERLY PAGE

n October 4–6, 2020, nearly 800 conferences in almost the strength of spirit that faith Dimensions of Responsibility the International 90 countries, an average of 40 imparts. Therefore, it is essential Heiner Bielefeldt, professor O Center for Law and conferences a year. that the right to hold a belief be of human rights and human Religion Studies hosted its protected. . . . The freedom to rights policy at the University 27th Annual Law and Religion The World’s Premier Conference hold beliefs of one’s choosing and of Erlangen, Germany, and Symposium, exploring the President Henry B. Eyring, to change them is . . . central to former special rapporteur for theme “Religious Freedom: second counselor in the First human development, as it makes freedom of religion or belief for Rights and Responsibilities.” Presidency of The Church of possible the individual’s search the United Nations, discussed Highlights from each of the Jesus Christ of Latter-day Saints, for meaning.” She went on to three dimensions of respon- symposium’s three plenary described the symposium as note: “Everyone has an essential sibility concerning freedom of bradley slade sessions are provided here. “the world’s premier conference role to play in implementing fun- religion and belief: (1) the legal Full recordings of the plenary where religious leaders, lead- damental human rights. When dimension, which recognizes and regional breakout ing scholars, and government individuals assume responsibility the role of states as guaran- sessions are available on the authorities come together to for ensuring each other’s human tors of human rights under Center’s website: iclrs.org discuss global religious freedom rights, the foundation for unity international law; (2) the moral /annual-international-law-and issues.” He noted that the 2020 will be firmly established.” dimension, which recognizes -religion-symposium/27th theme “reflects well our faith’s that each of us as a human -annual-international-law-and belief in the importance of both Honoring the Divine being is responsible for the -religion-symposium-2. religious freedom and respon- Azza Karam, secretary general of promotion and protection of sibility to respect the rights Religions for Peace International, the human rights of others; and Opening Session—Religious and needs of everyone,” and affirmed that “when we come (3) the philosophical dimension, Freedom: Rights and he expressed hope that “the together as diverse believers, which recognizes that all human Responsibilities peoples of the world will be there is a divine spirit that comes beings have a responsibility to sunday, october 4 united in solving the health and amongst us, that sits with us, enhance the awareness of the 20 Years of Global Influence economic challenges wrought that becomes part of us.” Karam significance of human dignity, Center director and Rex E. Lee by the covid-19 pandemic” and also spoke about the intercon- which, Bielefeldt emphasized, Chair and Professor of Law that “ways to minister to and nectedness of freedom of religion is the core of human rights and Brett G. Scharffs stated that serve those who have great with freedom of thought and religious freedom. 1,400 individuals from around the needs will be found.” conscience, emphasizing the world have attended the sym- vital role of believers in protect- Protecting Religious Rights posium over the years. However, A Foundation for Unity ing those rights and freedoms in a Way to Benefit All the virtual format of the 2020 Bani Dugal, principal representa- for others: “Our beliefs require monday, october 5 conference enabled “several tive of the Baha’i International each one of us to champion and Celebrating Founding Director multiples of that total number” Community to the United to defend the right of everybody W. Cole Durham Jr. to attend the opening session. Nations, , said: “With else’s freedom of thought and In a celebration of the Center’s Scharffs also noted that, since the many challenges facing conscience and belief, even those recently retired founding its founding in January 2000, humanity, the world stands more who have no belief.” In doing so, director, W. Cole Durham Jr., the Center has participated in and more in need of the hope and Karam said, “we honor the divine.” Scharffs echoed a statement

clark memorandum 41 by Bill Atkin, associate gen- balance individual and collec- Business on the Frontlines effective way to get down to eral counsel for The Church tive religious rights with the program at the Mendoza the individual, the family, and of Jesus Christ of Latter-day public interest. “It is important College of Business, University the congregational level than Saints, describing Durham as a to remember that freedom of of Notre Dame, emphasized to work through faith-based modern example of one willing religion and belief as a human the role of dialogue in society organizations.” to “waste and wear out” his life right is a way of articulating and the world, noting that it bringing light to dark places human dignity in a concrete, is “from those discussions that Seeing the Whole Person with great earnestness, a man legally relevant form,” she said. sprout the early ideas that after Suzanne Akhras Sahloul, positioning himself to face “Human rights are not simply much work become common founder and executive direc- the storm “workways with the nice, legal instruments; they ground and become potential tor of the Syrian Community wind.”1 In a beautiful video trib- are informed by deeper values. solutions.” Bartkus said that Network and founder of the ute, Durham’s colleagues from Seen from a social perspec- “common ground does not exist Syrian American Medical around the world expressed tive, guaranteeing freedom until we imagine it, and then Society Midwest Foundation, their gratitude for his ground- keeps the debate open on what we need to work ridiculously observed that religious organi- breaking and field-shaping is the good life. Thus, it also hard to create it.” She went on zations offer resiliency, human contributions to the work of serves the common good. It to say, “We must acknowledge power, and a commitment religious freedom. also helps to enable people to at a very fundamental level that to service. She cited the 2015 live together peacefully in an our society’s and the world’s Syrian refugee crisis as an Putting Legal Rules in a enduring way even if they have most pressing problems cannot example of the power of people Broader Context fundamentally different views.” be solved only by business and organizations—faith-based Renáta Uitz, the chair (direc- or government or faith-based and secular—working together tor) of the Comparative Celebrating Diversity in a charities or even just by those to alleviate suffering. She noted Constitutional Law Program Multireligious Society that agree with us. The solution that “certain crises are horrible in the Department of Legal Faizan Mustafa, vice chancel- to difficult problems lies in the in the moment, but they can Studies at Central European lor at nalsar University of Law, common ground we imagine lead to a lot of good and a lot University, noted that Durham’s India, discussed the treatment and create together.” of amazing initiatives within work “allows us to study the of the majority and minority communities to bring about that law . . . and the workings of the religions in India and recent Fostering Cooperation Through common ground and to see . . . law in comparative perspec- developments for minority Faith-Based Organizations people who are different from tives. His work teaches us that religions in India caused by Sharon Eubank, president of you as whole, as just like you.” we should not focus on a single covid-19. Mustafa noted that Latter-day Saint Charities and Sahloul warned that racism and event, no matter how dramatic ensuring the religious freedom member of the Relief Society classism can take root, even or spectacular, but put legal of both the majority and minor- General Presidency of The within our own religious tradi- rules into their broader context ity religions in a state benefits Church of Jesus Christ of Latter- tions and cultures, when we and make sure that we under- everyone. “If a multireligious day Saints, identified as a “core fail to see another as a whole stand the larger trends.” Uitz society like India is to survive,” humanitarian skill” the ability to person: “As humanitarians, we also counseled that “the start- he said, “we must celebrate acknowledge that although our really have to push back on this. ing point of entering into any our diversity. . . . The distinctive deeply held beliefs may be very . . . Everyone deserves to be seen dialogue, of seeking principled identities of all Indian religious different, we can “find an area as a whole person.” compromises, is one of deep communities must be preserved where we can communicate, humility.” and must be celebrated. If we cooperate, and do something Stepping Up to Welcome guarantee freedom of religion, I together despite or because of the Stranger Developments in Religion am sure we will be able to cre- our individual beliefs.” Eubank Krish O’Mara Vignarajah, and the State That Challenge ate an upright, honest, humane, also noted the efficacy of faith- president and ceo of Lutheran Religious Liberty and more caring society.” based organizations in foster- Immigration and Refugee Sophie van Bijsterveld, pro- ing cooperation: “People only Service, noted that during the fessor of law, religion, and Religious Organizations and change their behavior based pandemic, religiously affiliated society at Radboud University, the Common Good on their experiences, so people humanitarian organizations Nijmegen, the Netherlands, tuesday, october 6 need to have experiences that were “able to step up where the discussed developments in the Imagining and Creating build trust . . . and that build government would not or could domains of religion and the Common Ground this social fabric with people not,” citing as just one example state that present challenges Viva Bartkus, associate that are different from them but the role of the Neighbors in to religious liberty and offered professor of management care about something similar. Need Fund in providing suggestions to help legislatures and founder/director of the There is no more efficient or emergency financial assistance

42 clark memorandum NATE EDWARDS NATE NATE EDWARDS

nate edwards . The Upward of Lift 1 2 Scharffs invited allwhowere even to remind usofour of how religiously affiliated civilization.” crises we face asaglobal one everywhere . other. Itprovides apromise can helpusunderstand how other concept, humandignity able. “Duringthecrisis,we notes share themandate ofwelcom- said thatmany faith traditions gious. Itisalmostuniquein faith ofhelpingthosemost for rightsandresponsibilities. Human Dignity for Everyone Everywhere, say provide basicassistance but protecting themostvulner myriad challenges andeven not eligiblefor covid-19 stim- remind ushow to regard each more importantly, itcan Declaration onHumanDignity that canhelpussolve the times,” shesaid. ulus payments. Vignarajah to at-risk families whowere that canbridge divides— to regard ourselves. Perhaps tories to thePunta delEste in needthesedifficult ing thestranger andbelieve in its upward Itisfertilesoil lift. its generative energy and ideological, cultural, andreli - interested to become signa- ing, “Perhaps more thanany

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. Humandignit Doctrine andCo  To bec dignityforeveryone.org. dignity meansto you, pleasevisit see alsoverses 14–15. submit astatement onwhathuman Punta delEste Declaration orto ome asignatory to the 2 venants 123:13,16; y for every

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RACHEL EDWARDS BYU Law Fellowship Program Achievement Fellows inanew I

who have prepared themselves dean ofbyu challenges, theAchievement of Law willbeselected as as a path to opportunities as apathto opportunities are committed to diversifying as well astheopportunity to all three years oflaw school self asanoutsiderto thelegal student, Iviewed law school significant personal or family schools andseveral leading Utah S. Utah’s legal community. for law schoolintheface of profession. The Achievement pect ofattending law schoolcan parents,” says D. recipients withfulltuitionfor Fellowship program provides Designed to recognize students program establishedthrough that were notavailable to my the collaboration ofbothlaw interact withandbementored be dauntingifyou thinkofyour- by outstanding attorneys who law firmsinthestate ofUtah. Perseverance in theFace of Hardship “As afir and theUniversity of n 2021, agroup ofincom- ing studentsatbyu

J . Quinney College st-generation college Law. “Butthepros- ’

Gor s Achievement don Smith, Law To thisend,inadditionto look- Achievement Fellows willthrive Achievement Fellowship pro- We hopethatthegenerous

work andeducationalhistory, diverse population.“Admitting dent thattheA come, andwe believe thatthe challenging pathto law school. of oureagerness to welcome considers personal statements, community. byu every memberofthebyu at byu and anyfamily particular history applies to alltypes ofdiversity. ally attracts ageographically students whohave taken amore says Smith.The sameprinciple students to theschoolfrom dif- gram was to explicitly express funding willdraw peopleto byu for greater understanding,” ferent ofthecountry parts and Law whomightnototherwise Fellowships are anexpression range ofhumanexperience.” Law whorepresent thewhole relevant. Smithsays, “An impor- Law’s admissions committee ronment for alllaw students.It Fellowship program willhelp the world helps provide context to attract great studentsto byu the wholeperson. Our goal is that, asaschool,byu tant motivation for creating the that mightbeinteresting or diversifyto further the student to invigorate thelearningenvi- ing atlsat scores and gpa ingly enrichedexperience for is motivated by inpart adesire body andto create anincreas- The pr Not onlyisSmithconfi- clark memorandum Law.” ogram alsopromises chievement Law tradition- Law values Law s, byu 43

attract qualified students from a a family struggling with poverty, not know anything about that variety of backgrounds to Utah, incarceration, abandonment, phys- process. I had to get good at but he feels certain that byu “You might feel like ical or mental health issues, and/ asking questions.” Smith also Law has the potential to bless it’s impossible or substance abuse are examples appreciates how significant it the lives of these students. “We of the types of disadvantages that was for him to have guidance don’t bring students here for to be here, but we may be considered when selecting and support from friends, profes- our gratification; we bring them need your voice.” recipients of these awards. In all sors, and others along the way. here because we think we have cases, the reviewing committee “There were so many people who something to offer them,” he will be looking for evidence of per- helped me. The road would have says. “The training they receive sonal growth, initiative, persever- been so much more difficult at byu Law will equip them to is the most recent organiza- ance, and character development.1 without that help,” he says. serve the world and make it a tion to join the Achievement The long-term vision for the better place.” Fellowship program. Although certain qualifying Achievement Fellowship pro- The idea for the Achieve- In addition to generous factors mentioned in the fel- gram is to cultivate large-scale ment Fellowship program financial support, participating lowship description might seem change in Utah’s legal landscape. began in 2019, after Smith had organizations have pledged to be extreme, leading some students “We hope that by increasing a conversation with friend and involved with mentoring activities, to assume that they don’t fit diversity at the law schools, we colleague Jennifer Mnookin, something Smith believes to be the scope and not apply, Smith will become more in tune with dean of the ucla School of a highly beneficial aspect of the says students shouldn’t view it changes that need to be made Law. The Southern fellowship. “There are students that way. The new Achievement within our legal community and law school launched a similar who come to law school who Fellowship program is one way become better equipped to make program in 2017, and within don’t know lawyers,” he says. that byu Law can recognize the them,” Smith says. The new three years, it had helped 24 “I was in that category.” A gradu- extra effort required of some program is also a way of express- law students achieve success. ate of the University of Chicago students in preparing them- ing a sincere desire to change the “When I looked at ucla Law’s Law School, Smith is the first selves for law school. “We know Law School for the better. “We website and read about what attorney in his family. As such, that many students are able are inviting people to be part they were doing, I thought it he recognizes the importance of to prepare themselves for law of the change. If byu Law is not was brilliant,” Smith says. After being mentored by other lawyers school in the face of daunting already the law school you want consulting with members of the along the way. “The chance circumstances that they may it to be, come and help make it dean’s council and other faculty these students will have to not recognize as such. We rec- into the law school you want it members, he drafted a prelimi- access a different kind of profes- ognize that being prepared for to be. Choose to come here and nary description of the fellow- sional training is a key compo- law school in spite of these chal- make it happen.” ship, including ideas about how nent of the program,” he says. lenges takes perseverance. We it might be funded. “We drew When it comes to would-be want to honor those achieve- For more information regard- heavily on ucla Law’s program candidates for the program, the ments.” Smith adds, “You might ing the Achievement Fellowship but made it specific to Utah law Achievement Fellowships are feel like it’s impossible to be program, visit law.byu.edu schools,” he says. not exclusively intended for here, but we need your voice.” /departments/admissions When he pitched the idea to those who have experienced Smith’s attitude toward /tuition-and-scholarships Dean Elizabeth Kronk Warner what might be considered supporting students who have /scholarships. For information of the S. J. Quinney College of extraordinary hardships. The persevered despite significant on how to provide financial and Law, she became an enthusi- Law School’s web page notes: life challenges was shaped mentoring support, contact Tony astic partner in the initiative, by his own experience as a Grover, assistant dean of admis- and the two put together a The reviewing committee will first-generation college student. sions, at [email protected] formal proposal for potential consider a broad spectrum of life Raised in rural Wisconsin by or 801-422-6386, or Andrea donors. Lee Wright, managing challenges, including socioeco- high school–educated parents Fitzgerald, director of admissions, partner at Kirton McConkie in nomic disadvantage, disability, who worked blue-collar jobs, at [email protected] or Salt Lake City, was the first to being the first in their family to he always planned to attend 801-422-0842. commit support for the program, attend college, attending under- college, but when it came time followed by five additional law resourced schools, or status as to apply, he had more ques- note firms: Dentons Durham Jones an immigrant or former refugee. tions than answers. “Though Pinegar, Greenberg Traurig, Hardships such as homeless- my parents valued education, 1 “Scholarships Overview (2020–2021),” Parsons Behle & Latimer, Snell ness, living in foster care, working there was nothing they could Scholarships, byu Law, law.byu.edu & Wilmer, and Strong & Hanni. multiple jobs or long hours in tell me about college,” he recalls. /departments/admissions/tuition high school or college, or living in “I remember how hard it was to -and-scholarships/scholarships. Business intelligence firm Domo PS 25633 | 11,250 | 04/21 20-376

44 clark memorandum