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Proposed changes to the Indiana Bar Exam are sparking debate

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Between law school graduation and admittance to the practice of law stands the bar exam. Two long days of intense testing, coming after months of nonstop preparation, are a key piece in ultimately determining who is competent to be a lawyer.

Not surprising, changes to the exam can be viewed as significant if not monumental. The last time Indiana altered its bar exam was more than 10 years ago when the test switched from all essay to a combination of essay and multiple choice questions.

laramore Laramore

Once again, the essay portion is the focus of a new set of changes proposed by the Indiana Board of Law Examiners.

“Our job is to ensure lawyers admitted to practice in Indiana meet a standard of minimum competence,” said board president Jon Laramore, explaining the reason behind the proposed changes. “After writing and grading the essay questions of the bar exam over many years, the board concluded we should re-examine what subjects should be tested to best measure minimum competence.”

The Indianapolis Bar Association, the only nonprofit to offer a bar exam review course, applauded the board for taking an open-minded review of the test. However, in a letter detailing its response to the proposed changes, the association raised concerns about the exam potentially losing its focus on Indiana law.

The IBA stated the value of the bar exam is that it provides the last – and for many students the first – opportunity to become competent in Indiana law. The 2001 partial shift in focus from exclusive Indiana law topics to some national law questions in the multiple choice portion of the test has diminished those opportunities, leaving Indiana more at risk for having new admittees who do not know Indiana law. By focusing more on the “national” nature of certain areas of the law, new Indiana attorneys will not have knowledge of the unique Indiana laws governing their clients, the IBA wrote.

Along with the IBA, the Indiana State Bar Association and the Marion County Bar Association offered their views of the proposed changes. These organizations are among the individuals and groups who provided feedback.

Like the IBA, the state bar association added its support to making periodic changes to the bar exam. However, it advocated that any changes be made after considering not only objective data but also emerging trends for solo and small firm lawyers.

The board has made no final decision regarding the changes, but Laramore is pleased with the feedback the board received.

“I think our proposal generated a lot of discussion,” he said. “We received a nice cross section of comments.”

Taxing concerns

The Indiana Bar Exam requires applicants to write eight essays on the first day of testing: two for the Multistate Performance Test and six for the Indiana Essay Examination. The second day is devoted to the multiple choice questions of the Multistate Bar Examination.

The board suggests altering the list of subjects from which potential questions could be drawn in the IEE section. Under the proposal, commercial law, personal property and taxation would be deleted from the list of potential topics and replaced with debtor/creditor law and employment law.

In general, the board contends the topics targeted for removal are specialized or narrow areas that attorneys either rarely encounter in their practice or consult a specialist when they do.

The two replacement subjects cover areas of law that are commonly used by practitioners, the board explains, and are topics new attorneys will most likely encounter as they begin their careers.

Both the Indianapolis Bar Association and the Indiana State Bar Association argued against deleting the taxation topic. The organizations pointed out that most lawyers will face a tax issue in whatever area of law they practice. Moreover, since many law schools are no longer requiring tax classes, aspiring Indiana attorneys do not have a foundation in this subject and may not be able to spot the tax aspect in a case.

“Keeping tax as a potential subject for the essay portion of the Indiana bar examination is necessary to encourage all law students to take at least one tax course during law school and to develop the necessary basic competency to identify tax issues and analyze legal problems from tax perspectives as well as in practical terms,” the ISBA wrote in its letter to the Board of Law Examiners.

barexam-facts.gifThe points made by the IBA and the ISBA about tax questions underscore the role the bar exam plays in the legal community. The test is not a mere formality, but rather it is an important educational tool.

Law school focuses on teaching students to think like lawyers, said TaKeena Thompson, president of the Marion County Bar Association. Studying for the bar exam shifts the concentration to the nuts and bolts of practice, learning the rules and how to apply them.

“I think overall the bar exam prepared me for practice,” Thompson said. “I think it is definitely valuable. You’re not going to remember everything, but it gives you a good foundation.”

The MCBA surveyed its members about the proposed changes to the

exam. Thompson maintains practicing attorneys should be interested in the bar exam because it is a gateway for the next generation of lawyers. As the current crop of new attorneys ascends in their careers, established attorneys need to make sure those following them have a basic understanding of the law.

Although a small number of MCBA members responded to the survey, the majority approved of the changes. They echoed the board in pointing out that tax law issues do not arise often while debtor/creditor and employment law are areas new associates most commonly practice.

National law

In addition to swapping topics in the Indiana Essay Examination, the board has suggested mixing six topics into the IEE from the Multistate Bar Exam. The proposed new subjects from which essay questions could be produced are federal constitutional law, contracts, criminal law and procedure, evidence, real property, and torts.

These topics will generate more essays that address multiple subjects, the board stated. For example, a pleading and practice question could also include torts and evidence. Expanding the possibilities to include multistate topics will also enable the board to test for minimum competence more effectively.

Stephanie Williams, a clerk for U.S. Magistrate Judge Mark Dinsmore, would like to see multistate subjects in the Indiana portion of the bar exam. A member of the Marion County Bar Association, Williams passed the bar exam in February 2013 after successfully taking the Illinois exam in February 2012.

Having the broader topics could boost the passage rate, Williams said, because test-takers could get points for answering the question in general terms, and then get additional points for adding the distinctions present in Indiana law.

From 2002 to 2012, Indiana had an average bar exam passage rate of 72 percent, according to data from the Indiana Board of Law Examiners.

The Indianapolis Bar Association, however, cautioned against the inclusion of multistate topics because it could impede new lawyers from mastering Indiana law. Multistate topics test Hoosier applicants on areas they likely will not use and lack the unique aspects of the state’s property, criminal, contract and tort laws.

“If today Indiana were deciding for the first time what its Bar Examination should cover and what its purpose is, reasonable minds could conclude that the prior Indiana model of a fully Indiana-administered Indiana-focused Exam is in the State’s, the Bar’s and the judiciary’s best interests,” the IBA wrote in its letter.

Whether the board presents the Indiana Supreme Court with any recommendations for changes is uncertain, Laramore said. Currently, the members are turning their attention to the July bar exam and the subsequent grading. Afterward, they will return to their proposed changes.

Any changes that are approved would not take effect until July 2016.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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