Judge: Dyslexic to Get Bar Exam Aid (AP)

Ledbetter · August 16, 2001, 11:28 PM

http://www.newsday.com/news/nationwo...816aug16.story

By Associated Press

August 16, 2001

NEW YORK -- A dyslexic woman who failed the bar exam to become a lawyer five times should be given special treatment when taking the exam again, a federal judge ruled Thursday.

The judge said the Americans with Disabilities Act provides that Marilyn Bartlett should be given extra time to take the test, use of a computer for the exam and large print questions.

U.S. District Judge Sonia Sotomayor wrote that the failure of the state to accommodate Bartlett's reading impairment was a substantial factor in her inability to pass the test.

"She's thrilled," said Jo Anne Simon, a lawyer for the 53-year-old professor of education at the New York Institute of Technology in Westbury.

The Board of Law Examiners has not decided whether to appeal, said Brad Maione, a spokesman for Attorney General Eliot Spitzer, whose office represented the board.

The board opposed special treatment for Bartlett, arguing she had completed law school 10 years ago without special help.

Copyright © 2001, The Associated Press

So, I guess that's it. The world isn't even trying to make sense anymore. Who in their right mind would hire a dyslexic lawyer? Guess they can sue the Bar Examiners too.

:barf:

johnbt · August 17, 2001, 08:25 AM

I would, if they knew what they were doing and were organized with their materials on tape, disk, screen reader, etc. The inability to see words isn't the same thing as the inability to comprehend. Ever meet a blind lawyer? They can't "read" either.

The thing about this article that really bothers me is how she got through law school without accommodations. Did she have trouble taking tests in law school? She did take tests regularly in law school, didn't she? I will venture a guess that she also took tests in order to pile up enough degrees to be a professor of education.

Learning disabilities are defined as developmental disorders and appear in early childhood. They might not always be diagnosed that early, but this woman, a professor of education at the New York Institute of Technology, got through law school at age 43 and has just now, at age 53, discovered that she has a learning disability? Maybe yes, maybe there's another problem. Five bar exams in ten years. Is she studying? I want to know more.

Maybe I'm being a little harsh, but I've seen too many disagreements over who gets to be labeled LD. I've seen many folks go fishing for a diagnosis. You just go from expert to expert until you find someone to agree with you. Remember, she is a professor at a school of education.

I would like to know who diagnosed her and how they arrived at their conclusion.

John

buzz_knox · August 17, 2001, 08:34 AM

Given that she's made it through law school without apparent special accomodations, I question whether her flunking is due to the condition or her abilities. She's probably relying on her "condition" to get more time to answer questions. Time pressure was one of the worst things I was put through when I took the bar.

As for hiring a blind attorney, we have an attorney here who's on his way to being blind due to a degenerative condition. However, he's now a supervisor, and has a massive amount of support, more so than most private firms would be able to offer. A blind private attorney could be effective, but would be much more expensive (because of the amount of support needed) than a sighted one.

legalhack · August 17, 2001, 12:17 PM

Nothing more than the unintended consequences of "accomodation". In law school, there were special tutors for "people of color"; "people of color" did not have to meet the attendance standards, they had their own clubs, mentors and professional preparers for exams and testing. As a white dude, I actually had to attend class, pay attention (as well as the costs - no one throwing scholarships at me....), and abide by all the rules and regulations. I could not appeal a failing grade based upon cultural-bias nor was I given special stipends to ensure the color bar stayed a "good mix".

People who can get a doctor to claim they have some sort of disability, that they are a member of a "protected class", etc. can do anything. Pretty soon, it'll be unfair to ask them to take their own exams; they'll get to hire (funded by the school of course) professional test-takers since it will increase "the diversity of the student body and the population at large...".

Think I haven't heard these arguments before...???

Kind of sounds like I'm bitter........???

longeyes · August 17, 2001, 12:21 PM

This story may tell us more about the criteria for becoming a "professor of education" than anything else. That's one of the most bogus academic slots around. When you can't teach, theorize.

I'm probably obtuse but if you're dyslexic I wouldn't think law, with all its close-reading demands, would somehow be the greatest career choice.

Down the slippery path we go.

August 16, 2001, 11:28 PM	#1
Ledbetter Senior Member Join Date: February 23, 2000 Location: California USA Posts: 4,533	Judge: Dyslexic to Get Bar Exam Aid (AP) http://www.newsday.com/news/nationwo...816aug16.story By Associated Press August 16, 2001 NEW YORK -- A dyslexic woman who failed the bar exam to become a lawyer five times should be given special treatment when taking the exam again, a federal judge ruled Thursday. The judge said the Americans with Disabilities Act provides that Marilyn Bartlett should be given extra time to take the test, use of a computer for the exam and large print questions. U.S. District Judge Sonia Sotomayor wrote that the failure of the state to accommodate Bartlett's reading impairment was a substantial factor in her inability to pass the test. "She's thrilled," said Jo Anne Simon, a lawyer for the 53-year-old professor of education at the New York Institute of Technology in Westbury. The Board of Law Examiners has not decided whether to appeal, said Brad Maione, a spokesman for Attorney General Eliot Spitzer, whose office represented the board. The board opposed special treatment for Bartlett, arguing she had completed law school 10 years ago without special help. Copyright © 2001, The Associated Press So, I guess that's it. The world isn't even trying to make sense anymore. Who in their right mind would hire a dyslexic lawyer? Guess they can sue the Bar Examiners too. :barf:

August 17, 2001, 12:21 PM	#5
longeyes Senior Member Join Date: September 8, 2000 Location: True West Posts: 1,350	This story may tell us more about the criteria for becoming a "professor of education" than anything else. That's one of the most bogus academic slots around. When you can't teach, theorize. I'm probably obtuse but if you're dyslexic I wouldn't think law, with all its close-reading demands, would somehow be the greatest career choice. Down the slippery path we go. __________________ "You come far, Pilgrim." "Feels like far." "Were it worth the trouble?" "Ah...what trouble?" ~Jeremiah Johnson

August 17, 2001, 08:25 AM	#2
johnbt Senior Member Join Date: December 6, 1999 Location: Richmond, Virginia USA Posts: 6,004	I would, if they knew what they were doing and were organized with their materials on tape, disk, screen reader, etc. The inability to see words isn't the same thing as the inability to comprehend. Ever meet a blind lawyer? They can't "read" either. The thing about this article that really bothers me is how she got through law school without accommodations. Did she have trouble taking tests in law school? She did take tests regularly in law school, didn't she? I will venture a guess that she also took tests in order to pile up enough degrees to be a professor of education. Learning disabilities are defined as developmental disorders and appear in early childhood. They might not always be diagnosed that early, but this woman, a professor of education at the New York Institute of Technology, got through law school at age 43 and has just now, at age 53, discovered that she has a learning disability? Maybe yes, maybe there's another problem. Five bar exams in ten years. Is she studying? I want to know more. Maybe I'm being a little harsh, but I've seen too many disagreements over who gets to be labeled LD. I've seen many folks go fishing for a diagnosis. You just go from expert to expert until you find someone to agree with you. Remember, she is a professor at a school of education. I would like to know who diagnosed her and how they arrived at their conclusion. John

August 17, 2001, 08:34 AM	#3
buzz_knox Senior Member Join Date: December 2, 1999 Location: Knoxville, in the Free State of Tennesse Posts: 4,190	Given that she's made it through law school without apparent special accomodations, I question whether her flunking is due to the condition or her abilities. She's probably relying on her "condition" to get more time to answer questions. Time pressure was one of the worst things I was put through when I took the bar. As for hiring a blind attorney, we have an attorney here who's on his way to being blind due to a degenerative condition. However, he's now a supervisor, and has a massive amount of support, more so than most private firms would be able to offer. A blind private attorney could be effective, but would be much more expensive (because of the amount of support needed) than a sighted one.

August 17, 2001, 12:17 PM	#4
legalhack Senior Member Join Date: December 6, 2000 Location: Bragg Posts: 242	Nothing more than the unintended consequences of "accomodation". In law school, there were special tutors for "people of color"; "people of color" did not have to meet the attendance standards, they had their own clubs, mentors and professional preparers for exams and testing. As a white dude, I actually had to attend class, pay attention (as well as the costs - no one throwing scholarships at me....), and abide by all the rules and regulations. I could not appeal a failing grade based upon cultural-bias nor was I given special stipends to ensure the color bar stayed a "good mix". People who can get a doctor to claim they have some sort of disability, that they are a member of a "protected class", etc. can do anything. Pretty soon, it'll be unfair to ask them to take their own exams; they'll get to hire (funded by the school of course) professional test-takers since it will increase "the diversity of the student body and the population at large...". Think I haven't heard these arguments before...??? Kind of sounds like I'm bitter........???