What's Up With the South Carolina Bar Exam?
As you know from our extensive coverage of Laptopgate, we follow bar exam controversies quite closely. So we can't ignore what's going on down in South Carolina (especially since we've been on a southern kick as of late, what with all our coverage of Emory Law School).
A very juicy possible scandal is brewing down in the Palmetto State. We believe the story was first broken by FITSNews. But for those of you who like your news sources older and more MSM-y, here's an article from The State:
The state’s top court has changed the grades for 20 people — including the children of a prominent state lawmaker and a longtime circuit judge — who earlier flunked the test required to practice law in South Carolina.The S.C. Supreme Court in last week’s order said the wills, trusts and estates section of the July exam would “not be considered” in determining a test-taker’s overall score, though the justices gave no reasons for their decision.
The students include the daughters of state Rep. Jim Harrison, R-Richland, chairman of the powerful House Judiciary Committee; and Circuit Judge Paul Burch of Pageland, The State confirmed Thursday in interviews with the two men.
More after the jump.
As with any controversy these days, all roads lead to Facebook:
[Rep. Harrison's daughter Catherine] Harrison said comments Catherine posted on the Internet site Facebook regarding the “hard work” she and her friends had done to get their grades changed had been misinterpreted.“We worked really hard last week to make this happen and I’m just relieved that it’s all over and I can move on” Catherine Harrison had posted recently.
Harrison said his daughter was referring not to any improper lobbying efforts, but to vigorous telephone and e-mail efforts to contact other students to discover if an unusual number of students had failed the section.
Here's a screen cap of one Facebook exchange involving Catherine Harrison (whose name may be too close for comfort to "Katherine Harris," another Queen of the Recount):

So how will this all shake out? Stay tuned. For more detail than you'd ever care to know, check out all of the links -- and especially the comments appended to those posts -- collected below.
P.S. Speaking of bar exams, congratulations to everyone who passed the bar in our home state of New Jersey! Now you can look forward to some of the most onerous CLE requirements in the country (which is why we keep our New York bar membership active instead of New Jersey).
State's high court alters test results: 2 officials' children among 20 who benefit [The State]
Bar Exam Flap Engulfs SC Legal Community [FITSNews]
S.C. Bar Exam Flap Continues [FITSNews]
Judge’s daughter aided by Supreme Court bar exam move [Greenville News]

first...again!
OOHH NOOO FIRST
Second, beeeeyootch!!
I wish my daddy was one a them prominent South Carolina politicians!
Sure, the T&E section had an "unusually high failure rate." Just like, I bet, the Secured Transactions, or the Commercial Paper essays. What a bunch of babies.
The changes put the pass rate at over 80 percent.
5 South Carolina Lawmakers Indicted in Corruption Inquiry
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By RONALD SMOTHERS, SPECIAL TO THE NEW YORK TIMES
Published: August 25, 1990
LEAD: A Federal grand jury here indicted five state legislators today on charges of selling their votes to undercover Government operatives who were seeking their support for a bill authorizing parimutuel horse and dog racing in South Carolina.
http://query.nytimes.com/gst/fullpage.html?res=9C0CE2DE1F3DF936A1575BC0A966958260
Also...
(1) If it wasn't flagged BEFORE the results came out, it wasn't significant enough. Which means it's all a post hoc rationalization for why they let these politically-connected kids in.
(2) If people didn't flunk the rest of the exam, too, they wouldn't have been put-off by a single essay question.
South Carolina: Ex-Commissioner Pleads Guilty
By ARIEL HART (NYT)
Published: January 21, 2005
The state's former agriculture commissioner has pleaded guilty to extortion and lying to federal agents in a scheme to assist a cockfighting ring. As part of the plea agreement, 10 other counts against the commissioner, Charles R. Sharpe, will be dismissed.
http://query.nytimes.com/gst/fullpage.html?res=9B0CE5DB1138F932A15752C0A9639C8B63&n=Top/Reference/Times%20Topics/Organizations/F/Federal%20Bureau%20of%20Investigation
Who cares? The difference between two exams could be one point. So they skewed the curve a little, ultimately they'd all be lawyers anyway. The folks who miss by a point or two tend to pass on a second try.
OH NOES!! I can has extruh poynz for truss n uhstaytz?
The "who cares" is whether some bratty kids persuaded their daddies to alter the results so they don't carry the shame of having failed it the first time. "Hard work."
Where is this South Carolina you speak of?
This is why I support a second Reconstruction in the South.
South Carolina's bar exam is non-cumulative and divided into 6 or 7 sections. If an applicant fails one section, he or she can still pass. Failing two sections means you fail the bar.
This means that she not only failed Trusts and Estates, but also another section on the bar exam.
Catherine Harrison = insurance defense.
How about, "What's up with this stupid picture of a sillouette of South Carolina in solid green, taken from Microsoft Works Clip Art for Windows 3.1?"
Typical 'old boys network' b.s. S.C is run like a banana republic.
Who cares about this crap.
CIOLLI WAS DROPPED FROM THE XO LAW SUIT!!! THAT'S BIG NEWS!!!
Hey, ist the South. What do you expect?
Didn’t y’all see Easy Rider?
Why would anyone post that on the internet. Even my first grader knows that when I call the principal on his behalf to lobby for a grade change he should keep his mouth shut about it.
Come on people, how about a little common sense here. Passing the bar based on who you know is not suprising, not having the smarts to be quiet about it is suprising.
What say you, SLJ? Have you HAD IT?
There is no doubt that Catherine Harrison failed. Anyone stupid enough to post evidence of cheating on Facebook could not have the minimal brain power necessary to pass the SC bar exam.
Where's Sherman when you need him?
Lat - What are you talking about? NJ has no CLE requirement.
11:40, NJ has an ICLE requirement.
This wouldn't have happened if Colbert were on the ballot.
Hey, has everyone read my facebook posts about how I lied on my law school applications and bill hours all day while I am really playing on the internet?
MORONS!
The State was a great TV show.
Is she the fat one or the fatter one in that myspace pic?
anyone know if is schulte gonna match bonuses?
So if the results were changed because the so many people failed that section, then why did she have to spend a lot of energy contacting all the people who failed to see if they also failed that section? It sounds like from the rules the students who failed aren't allowed to contact the board about questions. So did she spend that time getting all the other people who failed that section to call and ask the board what % failed that section? It sounds like something is missing from this story.
$240 dollars worth of pudding could pass in SC
Here's your AutoAdmit fix, which ATL has been dutifully ignoring: http://blogs.wsj.com/law/2007/11/09/autoadmit-lawsuit-update-ciolli-dropped/
sup. we know that mustard & mayo are delish together. just wanted to follow up on hot dog toppings. i personally go for mustard and raw onions, but i'm open to other suggestions.
www.youtube.com/watch?v=3XhS80rwjIg
Please tell me Simpson will match before the weekend.
WE WANT MORE BONUS NEWS!!! GIVE US MORE BONUS NEWS!!!!
I usually go for mustard and raw onions too. Sometimes I add relish just to mix it up.
11:40 = inactive member of the NJ Bar.
ICLE sucks. I never took the Skillz & Methodz classes, so I can't practice in NJ, but I still have to pay my annual assessment. Yay!
Thanks, SLJ. I needed that.
I'd like to dip my BALLS in it!
I'm Doug, and I'm outta heeeeeerreeere.
what's happening on the bonus front. where is my dawg lw at?
i personally like chili and slaw on my hot dog. they fix 'em good at the Varsity. wash it down with a frosted orange.
oh man, latham is only now beginning its annual review process. does this mean that bonuses will not be announced until january. hrmph!
This is obviously a back room deal. On a related note. The son of a LA Sup Ct justice didn't pass the bar. What is surprising is that he didn't get pops to pull some strings like they did in SC.
John Crangle, the lawyer-director of Common Cause of South Carolina, a government watchdog group, said the court’s action “raises questions of favoritism.” But he added, “Knowing the members of the Supreme Court as I do ... I don’t think they would show favoritism.”
Priceless. It looks like favoritism, smells like favoritism, might even taste like favoritism...BUT, I know them, they'd never do something like that, so don't worry.
What kind of government watchdog group is this?
I heard the SC Bar also mails you the essay topics a couple of weeks in advance. If wills is one of the six topics they TELL you will be on the test, don't you think you should know it enough to pass without this kind of favor.
The above quote can be found at the following url.
http://www.thestate.com/news/story/224562.html
12:55: The six essay sections are always the same. You know what the subjects are months if not years in advance. In fact, they give you a schedule, so you also know when you will be tested on Wills, Trusts, and Estates.
Do you guys remember Porcupine Racetrack from The State? Pure genius.
http://www.youtube.com/watch?v=m2xyiiW0j4s
Oh, Miss Harrison. You write, "if the court was going to overturn the scores on their own..." Don't you mean, "If the court WERE going to overturn the scores on ITS own..."? Apparently grammar isn't tested in the great state of South Carolina.
Um ... no one crying about this affirmative action? This crap has been going on for prominent white people for eons. For all my time at top institutions, there have been just as many of these dumb ass people as there were dumb ass people of color. Yet, all we hear about is the unqualified minorities. At least one could make a circumstances argument for some students of color, but these people? Please. Double standard anyone? And I bet the parents of these people stand strong against affirmative action.
the monkeys dont "do it." they make-a the love...they touch-a the hands, they look-a the face....
"Lat - What are you talking about? NJ has no CLE requirement."
uh...yeah, it does. heavy requirements for the first 3 years. then nothing after that.
NJ ICLE is a piece of cake compared to ongoing annual CLE requirements of places like Washington State (I have belonged to both)... where they also have backbreaking bar exam subjects incl. public sector labor law (how many study that! luckily I did) ... this SC thing smacks of some funny business.
That's a big bish.
My father claims that when he was sitting for the SC Bar back in the 60s, he was informed to make sure that somewhere in his essays he mention that "bussing is unconstitutional" to make sure that those grading the tests knew you were the type of lawyer they wanted practicing in the state.
Oh, that crazy SC Bar...
Me fail bar exam? That's unpossible!
"Now you can look forward to some of the most onerous CLE requirements in the country (which is why we keep our New York bar membership active instead of New Jersey"
NJ ICLE is only 3 years (yes, yes they might change it) so does that mean you never bothered to do those classes? There's only homework in the 1st year...
NY requires 'classes' every year
Also I think we need a NY Bar post so everyone can start freaking out
Think what Rep. Harrison had to say to darling daughter when he heard about the Facebook bragging. I am sure Justice "Hit and Run" Toal will be thrilled to answer questions about this.
Since the rule does not allow any contact, I think the Harrisons should have just responded "no comment" rather than explain why his lobbying was not improper.
They must be so proud to have barely passed. I want her representing me!
http://scbar.org/e-blast/EBlast.asp
The chief justice is addicted to power and politics. This whole thing was an inside deal to get the chief justice back in good graces with the chairman of the House Judiciary committee, Jim Harrison. Sad thing is it probably worked. The SC Supreme Court only disciplines itself. The other 4 do-boys of the Lady Chief Justice don't have the collective gonads to say more than Yes man, how high man, every time she opens her mouth. Pathetic situation.
Why black out the poster's name in the cut and pasted facebook comments? It is still easily apparent that it is someone named 'Bill'. After each comment it says 'Write on Bill's Wall'. Sounds like he's got some axe to grind.
Bill Young. Went to law school with him. Lives in either Walterboro or Beaufort.
nice to see how these two 'wannabe lawyers' have time to post on facebook during what many legitimate lawyers and every other working individual would call 'working hours.' I'm sure the clients they are billing will apreciate the services they are paying for.
I'm surprised that they have laws, let alone law schools, in South Carolina!
I am from SC. The worst part is that the Ethics discipline committee is not even doing anything about this and is not even punishing these people or looking into it. It is getting swept under the rug completely. The Supreme Court gave the final word on allowing the Wills section to be tossed, so who is going to discipline them? Apparently no one!
I wish the national media would get this story and print it.
The lying and cover up goes on and on and on. See www.thestate.com November 13, 2007. The above post on the "worst part is that the ethics discipline committee" (called Office of Disciplinary Counsel ODC in SC) is not doing anything is right on the money. In SC, the attorney discipline system is completely discretionary - with the SC Supreme Court. No due process or rules at all. The ODC reports directly to - you got it - the Supreme Court. And they only discipline each other at their own discretion. How cozy can you get?
The South Carolina Chief Justice did not show up at the swearing in today of the new lawyers in South Carolina because of a previously scheduled golf outing.
This bodes ill for Mr. Young. If the amateurs sleuths at ATL can track him out so easily, what will Big Daddy Jim Harrison's goons do? Flee for the hills while you can, Bill!
Hire a lawyer that passed the bar or hire a lawyer that was passed by the supreme court? Which has more power and contacts to get things done?
Great comment, Justice. In South Carolina, of course, hire the lawyer with the connections.
I'm not surprised that someone could be foolish enough to spend time and effort contesting the exam rather than preparing for it. I'm only mildly surprised someone could be dumb enough to announce that's how (s)he passed.
I certainly wouldn't want her/him representing me.
Maybe public service? Clinton campaign?
The story about the bar is just one example of how the ODC and the SPCT works. There are stories that many do not know about such as ODC board members who have silently stepped down. Why? Well you had one ODC Officer who was selling grievances to an independent attorney who would contact the lawyer who had the grievance filed against him and basically tell him/her that he could make go away for 5g and sometimes up to 10g. The ODC is corrupt why do you think Richardson stepped down from a 130k job? The ODC is finally being investigated (according to an article)by the federal government for mishandling of money, fraud and other unethical conduct.
The State link is dead.