Read today’s editorial about last week’s explanation of the Bar exam mess, and then consider the following, about which we had a debate in yesterday morning’s editorial meeting:
Which is worse — the favoritism that many believed had been extended to the children of the connected, or just plain bad judgment, which in the end appears to have been the case? (And yes, I know many of you still believe there was favoritism, but for the sake of my question, pretend that you agree with me on this point of fact, so that we can hash out the dilemma I’m posing.)
I disagreed with my colleagues. They thought the court’s explanation, if one believed it (and we did), described a bad situation, but not as bad as if results had been overturned in response to phone calls by the powerful. I said it was worse. I said adjusting the results in response to calls from a lawmaker (the House Judiciary chairman, no less) and a judge was not inherently bad in and of itself, if those calls did indeed lead to finding some flaw with the system. In other words, if the action itself was not corrupt, it did not matter whether the impetus for the reconsideration gave the appearance of favoritism.
Yes, I know, most folks seem to assume that if the reconsideration was prodded by someone whose name we know, the adjustment has to be corrupt. But that isn’t true. And remember — there had been no substantive disclosure as to whether there was anything wrong with that section of the test or not. In the end, there apparently was nothing wrong with the testing, only the recording of the score in one instance. But most of the talk during the couple of weeks this issue ran was about who said what to whom, not the quality of the test.
But what the court says it actually did is to me worse than taking another look at the test because of some phone calls (which is what most of the hullabaloo was about). It discovered an error — one person who had been recorded as passing had actually failed that section, and therefore the overall exam. To me, there are only two options under such circumstances — let the result stand, and allow that one person to become a lawyer (in keeping with the rule that judgments are final), or give that one person the cruel news (and as one whose child became a lawyer in recent years, I realize how cruel a disappointment that would be) that the celebration had been premature, that he or she had failed.
What the court actually did was so nonsensical that I couldn’t quite take it in from our news account. I assumed I had read something wrong, so that my first question when we had our first post-holiday editorial meeting Monday morning was, "Tell me again what the court did." As it turned out, it had done exactly what I had thought I’d read: It decided to give that one candidate a free pass on that section of the test, and then gave everybody a free pass on that section, boosting 20 demonstrably unqualified people to the status of attorney at law.
When I had read it, I kept thinking that can’t be right. There’s no way that the court would turn 20 "fails" to "passes" because of a mistake on one. And yes, I can see how some would think it logical, and fair — to the test-takers. But the court has a higher responsibility to the 4 million people of South Carolina.
This was a serious error in judgment, and to me, worse than any inherent harm based on who made a call to whom.
Do you agree or disagree?
