ADA and the Bar Exam

by Mike Frisch

In a recent case, the Court of Appeals of Maryland denied admission to an applicant who had passed the bar examination under unusual circumstances. The applicant had graduated from Emory with a 3.7 grade point average. Unhappy with his LSAT score, he sought testing and was diagnosed with a specific process learning disability (DSM-IV diagnosis 315.9). Law school accommodated with double time and computer use (including grammar and spell check).

The Maryland Board of Law Examiners consulted its own expert and denied accommodations as “[the applicant] performs well above the average person on virtually every dimension of cognitive and academic functioning. There is no evidence of significant impairment or a substantial limitation in learning.” The expert did not alter the recommendation in response to further submissions from the applicant.

Four days before the bar exam, the applicant filed a petition in Circuit Court to enjoin the Bar Examiners from denying accommodations. The Circuit Court Judge ordered injunctive relief and the Bar Examiners complied and provided the accommodations. Applicant passed but the Bar Examiners recommended against admission “until an adjudication on the merits of his entitlement to accommodations…”

The Court of Appeals held that the Bar Examiners and the Court have exclusive jurisdiction over admission and regulation. The Circuit Court had no authority to decide ADA or other admissions issues. Despite passing, admission denied.