Nationwide Bar Exam Delays

July 2014 Nationwide Bar Exam Delays Due to Software Glitch

So you’re going to pay $100 to $150 to ExamSoft Worldwide, Inc. so that you can type your essay answers as opposed to hand writing, eh? Well just be advised that you might encounter some glitches with ExamSoft’s programming, which was the case in July 2014.

ExamSoft’s Major Faux Pas

ExamSoft Worldwide Inc., a Florida based software company, made a major faux pas with the July 2014 bar exams throughout the United States. According to its website, ExamSoft Worldwide is responsible for handling bar exams in 38 states. The company reportedly encountered a technical glitch in 16 states when bar exam applicants attempted to upload their July 2014 answers for submission and grading to their individual state bar examiners’ associations.

ExamSoft’s Explanation for the Delay

Kenneth Knots, ExamSoft’s marketing vice-president, said “the processing problem created a six-hour backlog that had been cleared by early Wednesday morning [which is when most applicants were taking the MBE]. The cause [of the glitch] was being investigated” (quoting U.S. news). Knots could not say what time the delays began or how many people were directly affected, but, at least 16 state bar exam associations had to extend their applicants’ submission deadlines due to ExamSoft’s software problem.

The Cost to Download ExamSoft’s Software

Bar exam applicants pay $100 to $150 to download ExamSoft’s software application to their laptops. Applicants are usually required to seek permission from their state bar exam association to use the software program for typing their essay and multiple-choice answers as opposed to handwriting them. Upon leaving the exam site, ExamSoft instructs applicants to connect to the internet and upload their typed answers for submission and grading. However, with the July 2014 bar exam, an unknown number of bar exam applicants had the displeasure of encountering additional stress due to a glitch in ExamSoft’s software programming. The glitch caused a delay in the applicants’ being able to submit their answers in a timely manner.

Primary States Impacted by ExamSoft’s Delay

The state bar exam associations that extended their deadlines were Hawaii, Idaho, Illinois, Kansas, Maryland, Michigan, Minnesota, Missouri, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, West Virginia, and Rhode Island.

In some states, an applicant’s essay score alone counts for approximately 1/2 to 1/3 of the applicant’s overall bar exam score. Failure to submit one’s essay answers would more than likely result in an automatic failing score. So, to call ExamSoft’s technical glitch a “faux pas” is stating it mildly, at least for those applicants who were directly affected by the software glitch.

Lawsuits Ensued

According to ABC News, at least “[f]ive students have sued the company—two in Washington state, two in Illinois and one in California, claiming direct harm and damage to their future earnings. They’re also seeking class action status and looking for other students harmed by the failed test.”

The Bar Exam is Like a Pressure Cooker

Bear in mind that a typical bar exam auditorium will be filled with anywhere from 1,500 to 5,000 applicants. The exam is held in a securely controlled, fully packed, and stress filled environment. As Erica Moeser, president of the NCBE, noted: the bar exam is like “a pressure cooker under the best of circumstances.” Given that the software glitch enhanced that pressure and helped cause some of the worst of circumstances, “I know that there will be a lot of investigation following this to see what happened and make sure it never happens again,” Moeser said.

Sources:
1. U.S. News
2. ABC News
3. Business Week

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