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NEW YORK BAR EXAM Leg Hearing NOW - LIVE TWEET THREAD
speakers: John McAlary -NY BOLE, @JaredTruEsqueer ( @alaa2325), @TaraDylann ( @NatDLSA), @FoxCahn ( @STOPSpyingNY), Kayla Smith, Victoria Ruiz, Nicholas Patrick Andrews [pic: agenda] #NYbarexam
watch:
https://www.nyassembly.gov/av/live/ https://twitter.com/BarExamTracker/status/1336406443042492427
speakers: John McAlary -NY BOLE, @JaredTruEsqueer ( @alaa2325), @TaraDylann ( @NatDLSA), @FoxCahn ( @STOPSpyingNY), Kayla Smith, Victoria Ruiz, Nicholas Patrick Andrews [pic: agenda] #NYbarexam
watch:
https://www.nyassembly.gov/av/live/ https://twitter.com/BarExamTracker/status/1336406443042492427
update: NYS Bar Exam hearing has started.
@JeffreyDinowitz says that NY BOLE administered and proctored the online exam. I would say @ExamSoft AI proctored it, but whatever.
Next up: John McAlary of BOLE speaks.
#NYbarexam @dp4ny
@JeffreyDinowitz says that NY BOLE administered and proctored the online exam. I would say @ExamSoft AI proctored it, but whatever.
Next up: John McAlary of BOLE speaks.
#NYbarexam @dp4ny
John McAlary says that Examplify software (used to take the exam) was "purchased and downloaded weeks before the exam." No, updates were a week before.
He also says that applicants only need internet before and after the exam. No, it's before & after each session.
#NYbarexam
He also says that applicants only need internet before and after the exam. No, it's before & after each session.
#NYbarexam
John McAlary says that 5,150 of the 5,167 people who downloaded software took the exam. He says of 148 of 165 disabled applicants tested remotely.
He said technical problems were not widespread, same as in-person. Acknowledges diff in availability of support.
#NYbarexam
He said technical problems were not widespread, same as in-person. Acknowledges diff in availability of support.
#NYbarexam
I'm BAFFLED by John McAlary's statement that most people who applied for the exam applied when it was an in-person exam. OF COURSE! They didn't reopen applications after announcing they would go online. Some people petitioned to take it but not sure how many got it.
#NYbarexam
#NYbarexam
McAlary: reg was limited because of COVID-19. @JeffreyDinowitz: why not reopen reg after going online. McAlary: reviewing monitoring files takes forever.
I reported this earlier after CA FYLSE. Reviewing video is MAJOR strain on staff resources, downside of @ExamSoft. #NYbarexam
I reported this earlier after CA FYLSE. Reviewing video is MAJOR strain on staff resources, downside of @ExamSoft. #NYbarexam
McAlary said the main thing they need to improve on is communication. He takes responsibility for communication issues but then blames applicants bc they didn't read minimum system reqs. He says unfortunately sometimes applicants just don't read the emails. #NYbarexam.
McAlary says there are so many "varieties" of computers that @ExamSoft simply can't make the software compatible with every one of them.
This is Bad Software Dev esp if there are compatibility issues with common comps, like Lenovo (in Sept) or new Macbooks (for Feb). #NYbarexam
This is Bad Software Dev esp if there are compatibility issues with common comps, like Lenovo (in Sept) or new Macbooks (for Feb). #NYbarexam
McAlary says people who didn't have access to tech/a laptop were largely accommodated by their law schools.
I have no idea what he is basing this on, but it's not true. Especially because ExamSoft reg couldn't be transferred btw comps, so switching late was a problem. #NYbarexam
I have no idea what he is basing this on, but it's not true. Especially because ExamSoft reg couldn't be transferred btw comps, so switching late was a problem. #NYbarexam
@JoAnneSimonBK52 starts off by saying the last time she saw McAlary was when she cross-examined him 20 yrs ago. McAlary jokes that it was a good day so far "until now."
A promising start!
#NYbarexam
A promising start!
#NYbarexam
Great q by @JoAnneSimonBK52: NY told people in spring that they should take it elsewhere & transfer. But if they fail elsewhere, there's no reg for them in Feb 2021 to retake in NY. McAlary says petition, they will allow.
My view: must ALSO waive score transfer fees.
#NYbarexam
My view: must ALSO waive score transfer fees.
#NYbarexam
@JoAnneSimonBK52 points out that system reqs/ES redownload fee burdens applicants w/o $$.
McAlary said any comp bought in the past few years should meet system reqs.
False! Just one example: Examplify has already announced new Apple M1 comps won't work in Feb [pic]. #NYbarexam
![@JoAnneSimonBK52 points out that system reqs/ES redownload fee burdens applicants w/o $$.McAlary said any comp bought in the past few years should meet system reqs.False! Just one example: Examplify has already announced new Apple M1 comps won't work in Feb [pic]. #NYbarexam](https://pbs.twimg.com/media/EoziZxKXUAAZuYB.png "@JoAnneSimonBK52 points out that system reqs/ES redownload fee burdens applicants w/o $$.McAlary said any comp bought in the past few years should meet system reqs.False! Just one example: Examplify has already announced new Apple M1 comps won't work in Feb [pic]. #NYbarexam")
McAlary said any comp bought in the past few years should meet system reqs.
False! Just one example: Examplify has already announced new Apple M1 comps won't work in Feb [pic]. #NYbarexam
McAlary said earlier that anyone who lost time got it back. But now he says unfortunately tech problems happen and there's no way to give them time back.
Can anyone clarify this?
#NYbarexam @dp4ny
Can anyone clarify this?
#NYbarexam @dp4ny
McAlary distinguished between BOLE and @NYCourtsCOA multiple times during the hearing, saying that BOLE only gives input, @NYCourtsCOA makes the decisions. But at the end, he thanks leg on behalf of Board & CoA. So...does BOLE speak for the CoA on the exam? #NYbarexam
Two updates:
McAlary alleged the iPhone tech problems reported were fake news, see @LizCGil. No, sir. YOU ARE FAKE NEWS.
My feed is glitching, but now @JaredTruEsqueer is up and I look forward to a higher % of truth/testimony. #NYbarexam https://twitter.com/LizCGil/status/1336692015019470849
McAlary alleged the iPhone tech problems reported were fake news, see @LizCGil. No, sir. YOU ARE FAKE NEWS.
My feed is glitching, but now @JaredTruEsqueer is up and I look forward to a higher % of truth/testimony. #NYbarexam https://twitter.com/LizCGil/status/1336692015019470849
. @JaredTruEsqueer drills down on disproportionate impact of issues, uncertainty on people with fewer resources, POC, retakers, people who already started their jobs.
ALSO highlights how this matches history of bar exam as racist/exclusionary. #NYbarexam https://twitter.com/BarExamTracker/status/1274541545048416258
ALSO highlights how this matches history of bar exam as racist/exclusionary. #NYbarexam https://twitter.com/BarExamTracker/status/1274541545048416258
. @JaredTruEsqueer or @JeffreyDinowitz debate over the 17 people who downloaded exam but didn't finish it.
(a) This number is probs wrong, will explain later.
(b) The most attrition was BEFORE the exam eg people who withdrew bc of tech issues. Need stats on that. #NYbarexam
(a) This number is probs wrong, will explain later.
(b) The most attrition was BEFORE the exam eg people who withdrew bc of tech issues. Need stats on that. #NYbarexam
Also the focus on the 17 people who didn't finish the exam ignores the 5K people who couldn't register/who would normally have taken the exam. If you registered in another jx, you had to pay that jx's fee plus the NY transfer fee (which is same as reg fee).
#NYbarexam @dp4ny
#NYbarexam @dp4ny
. @JaredTruEsqueer highlights the impact on legal profession--morale is down. Impacts ability to provide legal services for those who need it most. Trujillo is here on behalf of @alaa2325, the Ass'n of Legal Aid Attorneys/UAW Local 2325.
#NYbarexam
#NYbarexam
. @kenzebrowski_ny & @JeffreyDinowitz talk about how there are always stressors & logistical issues during the bar exam. This is a common point also made by the bar examiners & state supreme courts. These things are not parallel, as @JaredTruEsqueer points out.
#NYbarexam
#NYbarexam
@TaraDylann of @NatDLSA said she took the DC bar exam because NY BOLE said she had to take it in person to get accommodations. But DC *did* accommodate her, administered exam remotely.
McAlary saying most disabled applicants took #NYbarexam remotely, ignores those who withdrew.
McAlary saying most disabled applicants took #NYbarexam remotely, ignores those who withdrew.
. @TaraDylann points out that there are many reasons people might need to use the bathroom and those people didn't get accommodated.
Example from IL (not NY): beforehand, IL denied accommodations for Brianna Hill, applicant who took the exam while pregnant. This is the standard!
Example from IL (not NY): beforehand, IL denied accommodations for Brianna Hill, applicant who took the exam while pregnant. This is the standard!
importantly, @TaraDylann explains the barrier to appealing disability accommodation denials. NY BOLE didn't permit remote notarization.
fun fact: applicants typically must FAX NY BOLE to send them written communication. This is a MAJOR barrier for obvious reasons. #NYbarexam
fun fact: applicants typically must FAX NY BOLE to send them written communication. This is a MAJOR barrier for obvious reasons. #NYbarexam
Rep. @andygoodell asks whether @TaraDylann can transfer her score. She can!
BUT: NY BOLE excluded many people from the transfer restrictions. Following up on @JoAnnSimon's q earlier, this is a BIG prob bc NY told people to take UBE elsewhere. #NYbarexam https://twitter.com/BarExamTracker/status/1319388128176635905
BUT: NY BOLE excluded many people from the transfer restrictions. Following up on @JoAnnSimon's q earlier, this is a BIG prob bc NY told people to take UBE elsewhere. #NYbarexam https://twitter.com/BarExamTracker/status/1319388128176635905
Kayla Smith: All we did was try to take this exam!
Impact statements from NY were particularly devastating because of the hurdles NY BOLE set to even take the exam. #NYbarexam
@JeffreyDinowitz @JoAnneSimonBK52 @andygoodell @kenzebrowski_ny https://twitter.com/BarExamTracker/status/1308031067786543106
Impact statements from NY were particularly devastating because of the hurdles NY BOLE set to even take the exam. #NYbarexam
@JeffreyDinowitz @JoAnneSimonBK52 @andygoodell @kenzebrowski_ny https://twitter.com/BarExamTracker/status/1308031067786543106
. @FoxCahn of @STOPSpyingNY points out that NY Leg has proposed restrictions on the technology that ExamSoft/bar examiners are using when it comes to use by K-12 students. He asks why this doesn't apply here.
#NYbarexam
#NYbarexam
Kayla Smith makes the important point that applicants prep very far in advance. Possible retakers do not even know yet whether they are taking the NY bar exam in February.
Side note: I *speculate* NY will announce bar exam results next week.
@dp4ny #NYbarexam
Side note: I *speculate* NY will announce bar exam results next week.
@dp4ny #NYbarexam
Nicholas Andrews. Buffalo native but took TN exam due to restrictions. Learned later, video didn't work on MPT. Comp met reqs. TN said could have exam graded with 20% penalty, or transfer to Feb. Found out today, passed. If had picked transfer, would have had to retake #NYbarexam
This ends my coverage of the NYS Assembly Judiciary Hearing on the bar exam today! This thread also includes a lot of my thoughts on exam issues/access.
If you want a more eloquent liveblog, you can check out @noahbbaron's coverage here!
#nybarexam https://twitter.com/noahbbaron/status/1336682433018814467
If you want a more eloquent liveblog, you can check out @noahbbaron's coverage here!
#nybarexam https://twitter.com/noahbbaron/status/1336682433018814467
New York Bar Exam Hearing SHARE YOUR STORY:
You can still submit testimony up to 10 days after today's NYS Assembly hearing (thanks to @dp4ny for flagging this!). Email it to Nathaniel Jenkins at [email protected]
#NYbarexam @DiplomaPriv4All https://twitter.com/dp4ny/status/1336718579748712452
You can still submit testimony up to 10 days after today's NYS Assembly hearing (thanks to @dp4ny for flagging this!). Email it to Nathaniel Jenkins at [email protected]
#NYbarexam @DiplomaPriv4All https://twitter.com/dp4ny/status/1336718579748712452
one more follow-up to this thread! sorry for not tagging @misstrialll (Kayla Smith), who testified today, in my coverage! if you testified and/or have the handles of the other grads who testified, lmk. #NYbarexam
