Vermont Bar Journal, Vol. 40, No. 2 Winter 2015, Vol. 40, No. 4 | Page 18

by Bob Paolini, Esq. Interview with Bridget Asay Thursday, October 9, 2014 Bob Paolini: I am here today with Bridget Asay from the Attorney General’s Office, which is how I think most people know you, but many people may not know that you are also the chair of the Board of Bar Examiners. Bridget Asay: That’s right. I have been serving on the board in some capacity for about twelve years. BP: So we are here to talk a little bit today about something that is called the Uniform Bar Exam. You hosted a group a couple of weeks ago at the law school that involved some judges, lawyers, members of your board, and some faculty and students of the law school. Before we get into that, specifically, let’s go through the Board of Bar Examiners. How is it made up? How do you get appointed to it? How does it all work? BA: All of our members are appointed by the Supreme Court. We have seven attorney members and two lay members as the voting members of the board. We also have seven associate members, who are attorneys, who assist with administering and grading the bar exam. Altogether we have sixteen people. Our primary job is to oversee the admission to the Vermont bar through the bar exam and through reviewing requests for reciprocal admission from attorneys licensed in other states. BP: You actually preside at and give the bar exam? BA: We are staffed through the judiciary. Most lawyers knew Martha Hicks-Robinson, who had that position for many years until she took another job in May of this year. The position is now being staffed on an interim basis. That staff person, the administrator, has principal responsibility for administering the two days of testing. The board crafts essay questions for the exam, grades the essay questions, and proctors the exam to oversee its administration. BP: So the two lay members of the committee, do they have some background in education or something similar? BA: The current lay member is Andrew Stein who is in the Auditor’s office, and we have a lay member vacancy that the court will fill soon. We have had an array of different interests and experience. We have had in the past people with education experience, testing experience, and other 18 times the focus has been on representing the consumer. I think that is the point of having lay members—to represent the consumer and the public. BP: Describe what the bar exam looks like nowadays for those people who might want to block it out of their minds. It’s still a two-day exam and you said something about grading the essay portion of the exam, so what is the other portion? BA: One day is a 200-question multiplechoice test. Most states have been administering that for a long time, so most people are probably familiar with it. It’s called the Multistate Bar Examination and tests general legal principles in areas like contracts, torts, and criminal law and procedure. The other day of the test, as in many states, is an essay exam. We have six essays. Two are Multistate Performance Tests, which are products that we purchase from an organization called the National Conference for Bar Examiners. The other four are essays that specifically test Vermont law, and those are the essays that the Board of Bar Examiners develops. The board grades all six of the essays. BP: Go over again the two performance tests that you say you purchased from the National Conference of Bar Examiners. What does that mean? BA: It’s a different way of testing someone’s legal analysis skills. I think adding this component to the bar exam came out of concern about whether we were adequately testing the things that we expect newly licensed lawyers to do. The multiple-choice exam is about applying legal principles that you have learned in law school to hypothetical situations. These performance tests give the applicant a library of legal materials and a set of facts to work with. It’s more like what a real-life lawyer might do with a client, if someone walked in and you interviewed them, found some statutes or case law, and had to put those things together for a specific legal task. On the test, the task could be a memo to a senior partner; it could be the outline of a deposition; it could be the closing argument in a trial—but that is the idea, that you are expecting the applicant to draw on a library of materials that is provided, analyze the law, and apply it to facts, right there in the moment. THE VERMONT BAR JOURNAL • WINTER 2015 BP: And the other four questions that you have drafted are different? They are formatted differently than those two performance tests? BA: The other four look more like the kinds of questions that you may remember from law school. A hypothetical fact situation and two or th