States reconsider how to license lawyers, Senate panel urges chief justice to probe Thomas trips, NY governor names new chief judge nominee, and more
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A small but growing number of states are eyeing changes to how they license new lawyers, with some jurisdictions focused on bolstering the number of lawyers serving rural communities and others aiming to make the process more efficient.
The efforts come amid a major overhaul of the bar exam—which nearly all states require law graduates to take and pass. The National Conference of Bar Examiners, which is developing the so-called NextGen Bar Exam due to be out in 2026, said the new test will emphasize practical skills.
State lawmakers in Maine on Tuesday will hold a public hearing on a bill that would allow those who have studied for two years under an experienced attorney to take the lawyer licensing test. The Maine bill would add the state to the small list of jurisdictions with lawyer apprentice programs alongside California, Virginia, Washington, and Vermont.
Among changes being considered elsewhere, a pending bill in North Dakota urges its judiciary to evaluate alternative pathways to licensure intended to keep graduates of the state's only law school from moving away. A similar bill in neighboring South Dakota stalled last year. Oregon is in the process of developing several options for law graduates to become licensed without taking the bar exam.
And a task force in Georgia last month recommended the courts permit students in their final semester of law school to sit for the bar exam—reducing the delay between graduation and being licensed to practice. Wisconsin is currently the only jurisdiction that allows graduates of its in-state law schools to bypass the bar exam.
Senate Judiciary Committee Democrats on Monday urged U.S. Chief Justice John Roberts to investigate luxury trips taken by Supreme Court Justice Clarence Thomas that were paid for by Harlan Crow, a Republican donor - conduct they deemed inconsistent with ethical standards for "any person in a position of public trust."
The committee will hold a hearing in the coming days on the matter, Chairman Richard Durbin and the panel's 10 other Democratic members wrote in a letter to Roberts. The hearing, they said, would focus on "the need to restore confidence in the Supreme Court's ethical standards."
"And if the court does not resolve this issue on its own, the committee will consider legislation to resolve it," they told Roberts. "But you do not need to wait for Congress to act to undertake your own investigation into the reported conduct and to ensure that it cannot happen again. We urge you to do so."
ProPublica reported on Thursday that Thomas accepted expensive trips from Republican donor and real estate magnate Harlan Crow over decades without disclosing them.
Thomas defended the trips on Friday, saying he had been advised he was not required to report that type of "personal hospitality." But the conservative justice said he would abide by new, tighter rules that recently took effect.
On Monday, New York Governor Kathy Hochul nominated a judge to lead the state's highest court after lawmakers rejected the Democrat's previous pick from her own party.
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Rowan Wilson, an associate judge on the Court of Appeals, was named as chief judge of the same court, overseeing the state's sprawling state judicial system. If confirmed, Wilson would be the first Black judge in the post, replacing Janet DiFiore, who stepped down in August.
Hochul nominated Caitlin Halligan, a former New York solicitor general and current partner at law firm Selendy Gay Elsberg, to fill Wilson's current role.
Both Wilson and Halligan were recommended as candidates for the chief judge post by a New York state panel after the state Senate in February voted down Hochul's first nominee, appellate Judge Hector LaSalle, in an unprecedented rebuke of Hochul by members of her own party.
Democratic lawmakers and progressive groups criticized LaSalle's record as too conservative on abortion rights and unions. LaSalle maintained that previous rulings were mischaracterized.
Wilson was nominated to the Court of Appeals by former New York Governor Andrew Cuomo, a Democrat, in 2017. He was previously a partner at New York-based law firm Cravath, Swaine & Moore.
Texas-founded law firm Baker Botts said Monday that it has hired securities litigation partner James Beha from Morrison & Foerster in New York.
Beha, who spent 10 years at Morrison & Foerster, represents public companies, corporate officers, and directors in mainly private securities cases. Among his past clients are underwriter groups that included Goldman Sachs and Citigroup, tech company BlackBerry, and real estate investment trust Farmland Partners, according to his archived former bio.
He said rising inflation, higher interest rates, and geopolitical turmoil are all helping to drive investor litigation.
Morrison & Foerster lost its securities litigation, enforcement, and white-collar defense group co-chair earlier this year when Mark R.S. Foster joined Skadden, Arps, Slate, Meagher & Flom in Palo Alto.
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Disabled Lawyer. 9/11 Victim. Camp LeJeune Victim. Court Discrimination Victim. Crime Victim.
1yStates abuse their power over lawyers. Indiana bans all disabled persons from having an active law license. http://ban.andrewstraw.com The U.S. Supreme Court should take control over all lawyer licensing and discipline. There should be ONE license in the United States to practice law and it should cover all states, all federal courts. The radical and unfair actions of state supreme courts and lower courts show that these lower courts are not universally capable of fairly regulating the practice of law. They are unfair, they are politically charged, and they rattle off the word frivolous to cause damage to opponents. Straw v. Indiana, 23A-PL-775 (Ind. Ct. App.) (law licenses as property with compensation rights) Straw v. LinkedIn, 5:22-cv-7718-EJD (N.D. Cal.) (taking law licenses can be a RICO predicate, robbery) www.andrewstraw.com
Audiologist/Owner at Lyric Audiology, Owner and Trainer at LeFlo Fitness, Health Coach/ Personal Trainer/Certified Fitness Coach/Expert Witness/ Veteran Advocate
1yNot requiring the Bar Exam is a great idea! WHile we're at it, we should extend that to Physicians...they shouldn't be required to pass boards either. Why don't we drop exams and coursework for every profession while we're at it. I mean, in this society, intelligence and ability don't count for much anyway,.
Member at Rocky River Civil Service Commission
1yNot a great idea lowering the bar for admission. The public is best served increasing the standards. And requiring pro bono work from all licensees.