Only the Ky Supreme Court can fix the bar exam fiasco once and for all

Two weeks ago, 15 people in Kentucky received the best news of their professional careers: they had passed the bar exam. They celebrated their hard-fought victories with family, friends, and clients.

Their joy didn’t last. The Supreme Court of Kentucky told them that had an “error” occurred and that they had actually failed. Three others were erroneously told they failed when they actually passed.

If you’re not a lawyer, this may not sound like a big deal. They failed a test. So what? If you fail your driver’s test, you practice parallel parking, and you try again. These would-be lawyers can do that too.

But the bar exam isn’t a driving test. It’s an Ironman. It takes years of full-time study to pass. Some never do.

This year, like all things 2020, it was worse than ever.

In July, with only two weeks’ notice, the Supreme Court of Kentucky postponed the bar exam. Applicants who finished law school online, missed out on walking at graduation, and studied for months in a pandemic found out that their nightmare would drag on.

Worse still, they would be guinea pigs in the Commonwealth’s first remote bar exam. To no one’s surprise, the experiment failed the guinea pigs.

Kentucky Office of Bar Admissions Executive Director Valletta Browne apologized for the “data entry error” on Thursday. Her words were sincere. There’s no doubt she meant what she said.

But her words mean nothing. They didn’t come from the people who are ultimately responsible for this debacle. That’s you, Supreme Court of Kentucky.

The Kentucky Constitution is clear. Only you get to decide who can practice law in Kentucky.

The lackeys at the Office of Bar Admissions answer to you. You are responsible for their cruel incompetence. Only you can fix your mistake.

Waiving the fees for these applicants to retake in February doesn’t fix your mistake. That paltry $325 is a slap in the face for the humiliation you inflicted.

Here’s how you fix this. First, unconditionally admit everyone who took your botched bar exam this year.

Second, hold every person involved in this disaster at the Office of Bar Admissions accountable.

Third, make diploma privilege the law of our Commonwealth. If you graduate from an accredited Kentucky law school, you’re a Kentucky lawyer. Period. Full stop.

It’s time for the Kentucky Supreme Court to end an antiquated hazing ritual run in its name and under its orders.

Sarah Reddick is a licensed Kentucky attorney who clerks on the U.S. Court of Appeals for the D.C. Circuit. These are her views alone.