Page 10 - 2018 October Bar Journal

BarJournal FEATuRE

JULY/AUGUST 2015
ExTra

Ohio adopts the Uniform Bar Exam

BY ANDREW GERONIMO

hile area law schools an exam Ohio will accept scores from transfer bar admissions cases addressing the issue of
recently welcomed the applicants who took the UBE in another whether attorneys in good-standing in other
Class of 2021, the Class state. The Ohio Supreme Court has original jurisdictions (but not in Ohio) violate Prof.
of 2020 got some good jurisdiction on matters relating to the admission Cond. R. 5.5 after relocating to Ohio.
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W news as well. to the practice of law, and when the change is The practice of law is constantly changing
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On August 14, 2018 the Ohio Supreme officially made, the Supreme Court will amend along with the needs of clients. Attorneys will
Court announced that it will use the National Rule I, Section 5 of the Supreme Court Rules for always have the ethical obligations to comply with
Conference of Bar Examiners’ (NCBE) Uniform the Government of the Bar. any applicable conditions to practice and to stay
Bar Exam (UBE) beginning in July 2020. The In August 2017, Supreme Court of Ohio current on the state of the law. Ohio’s adoption of
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UBE is a test that is not specific to any particular Chief Justice Maureen O’Connor created the the UBE will increase Ohio bar applicants’ ability
jurisdiction and is “uniformly administered, Task Force on the Ohio Bar Examination to apply for a license to practice where life takes
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graded, and scored.” UBE exam takers receive a to “evaluate the efficacy and effectiveness of them, and remove some barriers to attorneys
score that can be used to apply for admission to implementing the [UBE] as an alternative licensed in other jurisdictions to assist Ohio
the bar of other UBE jurisdictions. to the current bar examination process clients and join Ohio law firms and companies.
The UBE consists of three parts: the and offer recommendations regarding its This effect will be especially significant if the
Multistate Performance Test or “MPT” implementation.“ The Task Force weighed adoption of the UBE by Illinois and Ohio
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(two closed-universe lawyering tasks), the the benefits of a portable bar exam score, the incentivizes other bordering jurisdictions — e.g.
Multistate Bar Examination or “MBE” (200 increased efficiency and reduced costs for bar Kentucky, Michigan, Pennsylvania, and Indiana
multiple-choice questions), and the Multistate applicants, and the expertise of the NCBE — to follow suit.
Essay Examination or “MEE” (six 30-minute drafting committees against the potential harms
essays). Individual states determine their of disparate treatment of distinct demographic 1 http://www.courtnewsohio.gov/happening/2018/UBE_081418.
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asp#.W3wdsehKhPY
own passing scores, how long to accept groups, inadequate focus on Ohio law, and 2 http://www.ncbex.org/exams/ube/
scores after the administration of the UBE, Ohio’s inability to control the subjects tested on 3 Id.
4 Gov Bar R. I., Section 5.
whether or not to add a jurisdiction-specific the UBE. This Task Force recommended that 5 Gov Bar R. I., Section 4.
substantive component, character and fitness Ohio adopt the UBE, implement some form of 6 Currently, the Ohio-specific essay questions make up 53.5% of
decisions, and other specific requirements Ohio-specific post-exam online course prior an exam-taker’s score; under the UBE, the MEE essay portion
is weighted as 30% of an exam-taker’s score.
for bar admission. Ohio currently uses the to licensure, accept UBE scores for up to five 7 Ohio Constitution, Art. IV, Sec. 05.
8 https://www.supremecourt.ohio.gov/Boards/barExamTF/
MBE and MPT components of the UBE, but years after the exam was taken, maintain Ohio’s operatingGuidelines.pdf
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tests its bar applicants using 12 Ohio-specific current character and fitness process, including 9 See, e.g., In re: Application of Egan, 151 Ohio St.3d 525, 2017-
essays drafted and graded by the Board of Bar for bar applicants transferring a UBE score, and Ohio-8651 (bar applicant practiced law without a license after
relocating to Ohio); In re: Application of Swendiman, 146 Ohio
Examiners instead of using the MEE. 5 collect demographic information to analyze any St.3d 444, 2016-Ohio-2813 (bar applicant practiced law without
a license after relocating to Ohio); See also, In re: Application of
The change to the UBE will reduce the discriminatory impacts of the UBE. Alice Auclair Jones, Ohio Sup. Ct. No. 2018-0496 (argued July
duration of the Ohio Bar Examination from Thirty-four states, including Ohio, have 17, 2018)(Board of Commissioners on Character and Fitness
recommended Kentucky-licensed applicant be disapproved for
2.5 days to two days, and reduce the number adopted the UBE for use by or before 2020. practicing law without a license after relocating to Ohio).
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and weight of essays in the exam. Ohio’s New York, New Jersey, Massachusetts, Arizona,
adoption of the UBE is also likely to alter the Colorado, West Virginia, and others are current
substantive areas of the essays: adding conflict UBE jurisdictions; Tennessee, North Carolina, Andrew Geronimo teaches the First
of laws, family law, and trusts — which are and Illinois have recently adopted the UBE Amendment Clinic at Case Western
not currently tested on the Ohio essays — and and will administer it for the first time in 2019. Reserve University School of Law’s
removing legal ethics, personal property, and States that have not adopted the UBE include Milton A. Kramer Law Clinic
commercial paper. The Ohio Supreme Court California, Florida, Texas, and, of particular Center. He is a volunteer member
has not announced any specifics about the interest to Ohio lawyers, Kentucky, Pennsylvania, of the CMBA’s Bar Admissions and Certified
implementation of the UBE in Ohio, including Indiana, and Michigan. Multijurisdictional Grievance Committees. He has been a CMBA
the score required to pass, whether there will be practice has presented a challenge to some Ohio member since 2010. He can be reached at (216)
an Ohio-specific component, or how long after bar applicants, and there have been a series of 368-6855 or andrew.geronimo@case.edu.
10 | Cleveland Metropolitan Bar Journal clemetrobar.org