In a significant development, a divided Maryland Supreme Court has adopted a two-part test for determining whether a disability accommodation request for the state bar examination should be granted. This decision sets a new precedent in this area of law, marking a first impression.
According to this new rule, the 4-3 majority reversed a decision by the State Board of Law Examiners (SBLE) that would have allowed Antavis Chavis, the applicant in question, to have an extra 50% time to undertake the Uniform Bar Examination. This request was originally placed under the terms of the Americans with Disability Act (ADA).
The majority opinion held that Chavis had successfully met his burden to prove that he is an individual with a condition meeting the ADA’s definition of “disability”. Furthermore, his testing accommodation was adjudged reasonable with his disability. This reasoning was provided through an
opinion penned by Justice Shirley M. Watts.
This court decision is noteworthy as it changes the landscape for aspiring lawyers with disabilities seeking accommodations. Formerly, applicants could not get needed accommodations unless they could afford potentially expensive testing that would take the step of further documenting their disabilities. As Jessica P. Weber, a partner at Brown Goldstein & Levy, expressed, the new ruling addresses an inequality that had persisted for too long.