A recent case concerning the bar exam raises important questions about the examination process and the remedies available when it goes awry. Marla Matrice Murphy, a Delaware bar applicant, took to the court regarding her undesirable experience during the July 2021 bar exam, aggrieved by malfunctions and distractions from proctors.
Her distress was not without reason. Murphy was granted accommodations for the examination, including double the normal time to take the exam, a private room and scratch paper. However, she didn’t receive the scratch paper, and according to her, software failures deprived her of the additional time. Further, the actions of the proctors, including a ringing phone, loud typing and repeated coughing and pacing, seemed to deny her the peace of the private accommodation as reported by the ABA Journal.
An even more disruptive scenario unfolded during her exam when her software crashed three times, costing her 45 precious minutes.
Rather than accommodate her request for damages due to this unfortunate experience, the court decided it would be more fitting for Murphy to retake the bar exam without any charges and with the proper accommodations. The court’s verdict could be a sign that it perceived the accommodation issues as procedural flaws rather than actions warranting monetary compensation.
Fellow applicants may sympathize with Murphy’s ordeal, as it mirrors a nightmare scenario for many. To her and all those preparing for their bar exam — persistence is key.
Read the full coverage of the case on Above the Law.