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Monday, October 13, 2003

Burgeoning field is left out of state's bar exam

By LEWIS KAMB
SEATTLE POST-INTELLIGENCER REPORTER

With Indian law becoming more prominent, a new effort is under way to include questions about this specialized field on the exam that gauges whether would-be lawyers are fit to practice in Washington.

"We've prompted the state bar association to evaluate whether Indian law should be included on the bar exam," said Gabriel Galanda, president of the Northwest Indian Bar Association and chairman of the Washington State Bar Association's Indian Law Section. "The dialogue has begun."

The Washington State Bar Association, under authority of the state's Supreme Court, is charged with licensing Washington's lawyers, which now number nearly 24,000 active attorneys. Twice a year, the bar administers the State Bar Examination -- a two-part test taken over three days that candidates must pass to practice law in this state.

As it stands now, the bar exam tests candidates in 24 "substantive" areas of law, including business, criminal, family, contract and constitutional law, among others. Last year, New Mexico became the first and so far only state to test candidates in Indian law.

"As attorneys are increasingly encountering questions of Indian law, I think that justifies questions to be added (to the bar exam)," said University of Idaho law professor Doug Nash. "It's something all Northwest states will need to kick around in the near term."

John Arum, a non-Native attorney who has specialized in Indian law since 1990, said Washington's bar exam "needs to be radically reformed."

At the time Arum took the test nearly 15 years ago, there were no questions on environmental, land-use or Indian law -- all areas of practice in which he now focuses.

"For me, the entire test seemed irrelevant," Arum said.

Robert Anderson, chairman-elect of the state bar's Indian law section, added: "Enough people have raised the issue. I think it's an idea (whose) time has come."

P-I reporter Lewis Kamb can be reached at 206-448-8336 or lewiskamb@seattlepi.com
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