JDi Waivers Allow Greater Access to New York State Bar, In-State Legal Practice

“As a first-generation immigrant balancing work, education and personal responsibilities, the flexibility of Syracuse’s JDinteractive program was the only realistic way for me to pursue a legal education while remaining committed to my career and community,” says Sebastian Szczebiot L’25.

When Szczebiot decided to enroll in law school, he was the assistant director of the Susan B. Anthony Center at the University of Rochester. He chose Syracuse University College of Law’s JDinteractive (JDi) program because pursuing a law degree in a residential program was simply not an option. However, to practice law in New York State, he knew he would have to apply for a waiver establishing “undue hardship” from the New York Court of Appeals to sit for the state’s bar exam.

While graduates of the JDi program are currently qualified to sit for the bar in 49 of 50 states, New York’s restrictions on distance education do not allow graduates from hybrid/online programs to do so without such a waiver.

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“While New York state’s bar exam waiver requirement initially gave me pause, I saw it more as an administrative hurdle than a barrier,” explains Szczebiot. “I trusted that the bar authorities would recognize the seriousness and rigor of my JDi path.”

Szczebiot was successful in obtaining a waiver. Today, he is an associate at Nixon Peabody LLP, in Rochester, New York.

Syracuse Law has offered its American Bar Association-approved JDi program since 2019, one of the nation’s first two accredited hybrid/online J.D. programs, according to Teaching Professor Shannon Gardner, associate dean for academic programs at Syracuse Law. The JDi program allows students from across the country—and the world—to take classes and participate in other legal experiences through a hybrid/online format, giving greater access to more people who want to contribute to the legal profession.

While the ABA requires Syracuse Law to disclose to JDi applicants that they may not qualify for bar admission, it has not dampened enthusiasm from prospective students. Many intending to practice in New York have been successful proving undue hardship and moving forward with the bar exam.

“I pursued my law degree through the JDi program because of my career in public service, but I was troubled at the thought of leaving my career as a caseworker with the Cortland County (NY) Department of Social Services, and I did not know how I could take care of my family without an income,” says Megan K. Poole L’22.

“The hardship I brought to get a waiver included my desire to continue my career in New York State and become a lawyer for the Department of Social Services. And not allowing me to take the bar exam would have been such a disservice to the State of New York, especially at a time when we need a younger generation of attorneys more than ever.”

Poole received her waiver, and today is senior court attorney for the Hon. Beth O’Connor, family court judge, Cortland County, 6th Judicial District.

While every case is unique, undue hardship has been proven for reasons ranging from the financial need to continue working, family obligations, socioeconomic factors, spouses’ careers, essential community involvement and more.

“I decided to go the JDi route when I was applying to law schools because it was the most realistic option for me as a full-time professional who traveled often for work,” says Grace Terry L’24. “My undue hardship application detailed that I was a life-long resident of New York with a partner who not only has an established job working for the state but also a child with an Individualized Education Program through New York State public schools. My economic circumstances required that I work while in law school, and choosing Syracuse Law’s JDi program allowed me to take classes in the evenings while working during the day to support my family.”

Terry, too, was successful in getting a waiver, and today she is a staff attorney for Legal Services of Central New York.

“While New York state is the most limiting for online graduates to sit for the bar, it is my hope that as hybrid/online legal education continues to prove itself, the state will recognize that and reduce restrictions, giving greater access to those who wouldn’t otherwise be able to earn a law degree,” says Gardner.

“Programs like Syracuse University College of Law’s JDi give greater access to both legal education and the legal profession for many, so allowing our graduates to join the bar in New York is something I think everyone can get behind.”

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