§ 2.12 Grading, Review, and Petition Process

2.12. Grading, Review, and Petition Process

(a) Grading. The committees shall oversee the grading of all examinations. Automatic regrading of all failing papers shall be conducted by each committee within the range specified by that committee before the results are announced.

(1) Applicants who are successful on the exam shall not be entitled to their grades or to review their exams.

(2) “Exam eligible” applicants who are unsuccessful may:

(A) receive their grades upon written request; and

(B) proceed with an exam review in preparation for a petition for grade review.

(b) Exam Review.

(1) If requested, exam review shall occur within 30 days of notification of the exam results. The review shall take place at the location(s) and on such date(s) as prescribed by BLSE.

(2) At the exam review, the examinee and counsel, if present, shall be required to sign and submit an acknowledgement of non-disclosure and confidentiality. Exam review shall consist of permitting the examinee and counsel to inspect the following materials: a copy of the examination, the model answers, if any, and the examinee's answer/test papers. None of said materials may be copied or retained by the examinee or examinee's counsel.

(3) Upon completion of the exam review, the examinee may, within 30 days, file a petition for grade review with the Legal Specialization and Education (“LSE”) Director. (The petitioning examinee shall hereinafter be referred to as “petitioner.”)

(4) Petitioner may be accompanied by counsel throughout the review process provided said counsel agrees to maintain confidentiality of all documents related to the exam. If counsel is not board certified in the exam area, counsel must further agree to forego applying for certification in the applicable area for 1 year following involvement in the exam review process.

(5) Members of the BLSE, committees, and persons who submitted exam questions for the exam under review may not serve as counsel for a petitioner for a period of 1 year following involvement in the exam review process.

(1) The examinee shall submit an original and 4 copies of a written petition detailing the claimed grading error(s) to the LSE Director. A nonrefundable filing fee of $125 must accompany the petition.

(2) The petition shall state in detail the areas which, in the opinion of the examinee, have been incorrectly graded. The petitioner may provide an additional supporting authority deemed appropriate to substantiate the claim of incorrect grading. The petition shall not include any reference to the petitioner's score relative to the pass/fail line or any reference to passing scores on other portions of the examination, if applicable. The petition also shall not include any reference to the petitioner's identity.

(3) A copy of the petition shall be provided to the relevant area certification committee chair and vice chair within 10 days of filing to inform the committee officers of the issue(s) raised. If either officer determines the committee erred in either the exam grading or model answer construction, the committee shall reconsider its grading as to the exam petitioned and, if applicable, all other failing exams that have the potential to receive a passing score upon reconsideration. Such review shall be completed within 30 days and shall toll the time for the review panel to complete its review. If the committee determines it necessary to provide any written commentary in response to the petition, a copy of same shall be provided to both the petitioner and the grade review panel.

(d) Grade Review Panel.

(1) The BLSE chair shall appoint a review panel (RP) consisting of 3 ad hoc appointees certified in the relevant area and a BLSE member to serve as chair. The BLSE member shall oversee and coordinate the activity of the RP, but shall not vote on the decision.

No member of the RP shall have had prior involvement with that examination either as a committee member, drafter, or grader. Within 120 days of the RP's receipt of the petition, the RP shall convene and issue a written opinion on the petition unless the time is extended by the chair of the BLSE.

(2) The responsibility of each RP shall be to review the substantive basis for each petition filed. All information submitted to said panel shall be in “blind form,” so as to delete all information that would identify the examinee and any reference to the examinee's overall score relative to the pass/fail line. It shall be the responsibility of the legal specialization and education (“LSE”) director to ensure the grade review is accomplished anonymously and in accordance with these policies.

(3) An RP's decision shall close the grade review process.

(e) Appeal. Upon completion of the grade review, either the petitioner or the BLSE may appeal to the AC, pursuant to the appeal procedures set out in the 400 series of the BLSE policies. Such appeal shall be limited to the procedural issues set forth in this review and petition process and to clear and unequivocal allegations of fraud, discrimination, arbitrary or capricious action.

(f) Ex Parte Contacts. Because the grade review process is of a quasi-judicial nature and must occur in an atmosphere free of bias or pressure, ex parte contacts by anyone to members of the RP, the BLSE, AC, or BoG are prohibited.