In the Nov. 20 decision, Associate Justice Margot Botsford wrote that plaintiff Ross E. Mitchell, who represented himself pro se in the case, is allowed to sit for the examination because “the situation with respect to online programs may change in the reasonably near future, [and] equitable considerations weigh in favor of granting Mitchell a waiver of the ABA approval requirement.” Mitchell v. Board of Bar Examiners, No. SJC-10157 (Mass.).
Botsford also emphasized that Mitchell’s academic record and background influenced the court’s decision. According to the opinion, Mitchell was an outstanding student at Concord Law School, which is one of about a dozen online law schools in the United States. Mitchell also passed the California general bar examination on his first try and the Multistate Professional Responsibility Examination with a high score.
