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Bar Exam Tests His Resolve: St. Thomas University Landed Bob Butterworth, One of the State's Best-Known Lawyers, to Lead Its Law School Three Years Ago. Now He's Struggling to Raise

Posted on: Monday, 12 June 2006, 06:00 CDT

By Noah Bierman, The Miami Herald

Jun. 12--Once one of Florida's most high-profile politicians, former Attorney General Bob Butterworth brought a boost of optimism and excitement to St. Thomas University Law School when he took over as the dean in 2003.

In the three years since, enrollment at the law school has increased. But the number of students who passed the Florida Bar exam on their first attempt has remained far below the statewide average.

"It's an issue which is obviously out there. It's as obvious as the elephant in the living room and we're addressing it," Butterworth said last week. "Our students are better than that. Our judges will tell you that. Lawyers will tell you that."

The Bar exam, given twice a year, not only determines whether graduating students can practice law in the state, but the results also reflect on a school's reputation and can affect accreditation and recruiting. The most recent results were from a small pool, but were disheartening enough to raise an alarm. Only 11 of 31 students who took the exam in February passed on their first try -- a 35.5 percent passing rate.

Because most students take the test in July after graduation, the results from the February test were a limited and generally weaker sample. Still, the average passing rate in the state for February was 73.2 percent.

"It affects morale," said Tanya Brockington, a third-year law student from Chicago. "You kind of wonder why and then it can turn to fear about whether you're going to pass."

Butterworth says he's concerned, but needs time to see whether changes he has put in will improve scores. The answer will come in 13 months, when the first class he recruited takes the test, he said. "July, a year from now, we anticipate a high passage rate," Butterworth said.

The law school, which opened 22 years ago, makes a point of taking in students with lower LSAT entrance exams than other schools, under the belief that the scores are not the best predictor of future success. The Miami Gardens university also has one of the largest Hispanic enrollments of any law school in the country and considers minority access an important part of its Catholic mission.

"It was the only school that gave me an opportunity," said Mirelis Castilla, a 27-year-old from Hialeah who graduated last month in the top 20 percent of her class.

The law student body has grown from 487 to 806 in the past four years. Butterworth and Associate Dean George Sheldon say they have not lowered standards and are dropping more students if their grades fall below a C average after the first year.

BLAMES HIMSELF

Kevin O'Laughlin, 22, is one of those students. He said he was informed in a letter two weeks ago that he was being dismissed.

He now has to find a way to repay his $40,000 debt without a law degree if he doesn't win an appeal to return for a second year of law school. He added that he may have to enter the military and possibly go off to war.

"I have only myself to blame," said O'Laughlin, from Metamora, Ill. "It [stinks] that they're being so stringent because of the recent stats. But when it comes down to it, I did it myself."

Butterworth said 38 students received such letters this year. An analysis of recent exam results showed students in the top 80 percent of the graduating class passed at rates comparable with the state average, he said.

Since arriving in 2003, Butterworth said he began tightening the grading structure so students have to work harder for good grades. He has added more academic support for first-year students, hiring faculty to help with writing and study skills. One of his most important tasks is emphasizing how important the Bar exam is and persuading students to take time off from jobs to study for it, he said.

"We're a school of opportunity and many people who come here . . are people who come from families who've never graduated college, much less law school," he said.

PAYING FOR HELP

Last year, the school established a $200,000 fund so that students who cannot afford private Bar exam review courses, which cost a few thousand dollars, can enroll.

Sheldon said the school spent $100,000 helping students prepare for the next exam in July. In the future, he hopes to raise money to pay for stipends so needy students can take a few months off work to study.

He and Butterworth have also brought in alumni to speak with students about what they did to pass the Bar.

The law school was founded in 1984, infused with the Catholic Church's emphasis on community service. In addition to class work, students must complete 40 hours of service to graduate. About 40 percent are minority and many students depend on scholarships or financial aid to pay the $25,800 tuition.

Butterworth also is raising money to build a new community service center on campus for work in environmental justice, human rights and a clinic in which students prepare tax returns for poor people in the nearby community.

The school has hired a consultant to help review why its Bar exam passing rates are low. St. Thomas remains fully accredited by the American Bar Association, but Butterworth has to submit yearly reports to explain what steps he is taking to improve scores, he said.

THE NUMBERS

Bar passing rates vary throughout the state. University of Miami students passed at 69 percent and 79 percent on the two most recent tests. At Florida International University, rates were 86 percent and 73 percent. Nova Southeastern University students posted 56 percent and 65 percent on the last two tests.

Third-year St. Thomas student Rob Williams said he's going to pass the Bar exam next year "come hell or high water."

A former Marine, he says he and his classmates have to look at the exam as "one shot . . . whatever it costs you, it costs you, but get through that Bar."

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Copyright (c) 2006, The Miami Herald

Distributed by Knight Ridder/Tribune Business News.

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Source: The Miami Herald

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