Tennessee’s Board of Law Examiners denied admission to a New York licensed legal professional relocating to their… no matter passes for “shores” there. In an age of mobility, offering an environment friendly path for certified legal professional labor to move to a different jurisdiction is the exact state of affairs that impressed the UBE, which each New York and Tennessee make use of. And but, the Law Examiners dinged Violaine Panasci citing the legal professional’s Canadian coaching (with a Pace Law LL.M.) and ignoring her current New York license.

The Supreme Court of Tennessee has determined to be the voice of motive on this one, overruling the Board of Law Examiners stating that she can’t be denied admission based mostly on bar examination gatekeepers deciding to not honor her first regulation diploma.

It’s a victory for the Goldwater Institute, along side the Beacon Center of Tennessee and the Southeastern Legal Foundation, who filed a quick supporting Panasci’s admission. The Goldwater Institute is celebrating the opinion as a blow in favor of Tennessee’s proper to earn a dwelling regulation. I’m not an enormous fan of that framing, since I truly like the concept {of professional} regulation and examine proper to earn a dwelling legal guidelines as malicious program automobiles to crush organized labor. But I can’t abide by protectionism or arbitrary bar examiners getting off on their very own energy so we are able to have an alliance on this one.

And that’s what’s happening right here. The complete objective of licensing is to ensure that everybody working towards meets a minimal commonplace of competency. But we measure this with an examination that asks questions completely irrelevant to a selected legal professional’s future apply, administered in a way at odds with the apply of regulation, evaluated by officers beset by petty grievances keen to push the boundaries of legality. When the proxies we set up to exhibit minimal competence find yourself excluding individuals who exceed that commonplace, the proxies are improper.

In any occasion, congratulations to Panasci and the oldsters who stepped up on her behalf.

Finally, the state can reside as much as its promise: Give me your drunk, your rowdy, your bachelorette celebration lots craving to breathe free.

Earlier: State Denies Admission For NY Licensed Lawyer To Strike A Blow For… What Exactly?

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to electronic mail any suggestions, questions, or feedback. Follow him on Twitter when you’re occupied with regulation, politics, and a wholesome dose of school sports activities information. Joe additionally serves as a Managing Director at RPN Executive Search.

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