Bar a Bear for Attorney General Candidates

By ALISA ULFERTS

St. Petersburg Times

TALLAHASSEE -- It's the SAT on steroids: two days of essays and multiple choice monsters that separate lawyers from mere law school graduates. Tales abound of test-takers bolting from the room in mid-answer, gagging with fear and anxiety.

So how hard is the Florida Bar Exam? Tough enough that three candidates for Florida attorney general failed at least once.

But the board that gives the test says it's not hard enough, and it wants to raise the passing score.

Charlie Crist, the state education commissioner, widely seen as the Republican front-runner for attorney general, had to take it three times before he passed. He says that fact gives him greater compassion.

His opponents in the Sept. 10 Republican primary, however, see Crist's test performance as a good reason not to elect him. One of those opponents, Tom Warner, even says so on billboards around the state.

"Sorry, Charlie," Warner's billboard blares. "These grades aren't good enough for attorney general."

Two Democrats running for attorney general, Tallahassee Mayor Scott Maddox and former Deputy Attorney General George Sheldon, also acknowledge failing the exam their first time, although both say they passed it on the second try.

The Board of Bar Examiners does not verify how many times a person takes the test, so the candidates' admissions are the only way to know. The other candidates, Democrats Walter Dartland and Buddy Dyer and Republicans Warner and Locke Burt, passed the first time, they say.

Denis DeVlaming passed the exam in 1972. Thirty years later, the well-known Tampa Bay area defense attorney still recalls the day. "I remember the sweaty palms, the weak knees and wondering, damn, what am I doing?" he said.

The recent trend among firsttime test takers is for just under 80 percent to pass, or four out of every five.

Florida's exam has been described as "a hard test that's graded easy." The material is comparable to that of many other states, but the passing score ranks in the bottom third -- low enough for the Board of Bar Examiners to ask the Supreme Court to raise it.

The board says its complicated passing score translates roughly to a 56 on a scale of 100, a grade that would earn an F on a high school geometry pop quiz. The board wants to raise that to about a 59, at least bumping Florida out of the bottom third.

Lawyers are divided over what failing the test really says about a lawyer. Some say great lawyers aren't always great test takers, while others say being able to perform well in a stressful environment is critical.

Former Supreme Court Justice Gerald Kogan said it's unimportant when choosing an attorney general.

"There are a lot of people who have difficulty taking a standardized test," said Kogan. A friend of his, a judge, failed the test four times before passing.

It might say something about a law student's life.

Crist characterized the years when he graduated from law school and took the bar exam as "a traumatic time." Crist was married briefly in 1979 while attending law school and had come through what he said was a difficult divorce.

Maddox juggled law school with duties as a Tallahassee city commissioner while preparing for the test. Sheldon said he failed one part of the test, but had to retake the entire exam.

Dyer, meanwhile, is being asked by critics to prove his claim that he got the highest score when he took the test in 1987.

Although he doesn't have a document to prove it, Dyer said he got a call a couple of weeks after the test from the Board of Bar Examiners, telling him he'd tied for first place with Andrew Meyers, now chief appellate counsel with the Broward County Attorney's Office.

Meyers confirms Dyer's account.