August 6, 2026

In a harrowing episode during last year's New York bar exam at Hofstra University, Mary Jane Jung, a recent Fordham Law graduate, suffered a cardiac arrest. As she struggled for breath and turned blue, proctors instructed candidates to continue their exams, a directive that has stirred significant controversy and led to a lawsuit.
Jung has filed a suit against Hofstra University in Nassau County Supreme Court, blaming the delayed medical response for her now permanent cognitive impairments. However, the suit notably does not include the State Board of Law Examiners, the body responsible for the bar exam’s strict protocols which arguably contributed to the incident's mishandling.
The crux of the issue lies in the stringent rules set by the Board of Law Examiners, which prohibit any interruption during the exam. This includes not allowing the use of mobile phones, even in emergencies, which could have facilitated quicker medical response. Eyewitness accounts suggest there were significant delays in administering aid, though Hofstra denies this claim, stating that their public safety officers responded promptly.
This incident has not only led to a legal battle but also spurred legislative action. The "Clock Should Stop Act," introduced by Assemblymember Rodneyse Bichotte Hermelyn, mandates emergency protocols for future exams. This includes pausing the exam timer during significant emergencies and allowing proctors to use their cell phones to call 911. Despite passing in the Senate, the bill has stalled in the Assembly Judiciary Committee.
Adding to the complexity, Judiciary Law § 56 complicates suing the State Board of Law Examiners directly, due to their integration within the state judiciary system, which offers them certain immunities.
The broader implications of this case and the legislative responses it has provoked highlight a critical look at the priorities and procedures governing such high-stakes testing environments. With the "Clock Should Stop Act" still pending, the question remains whether New York will adjust its protocols not just for the fairness of the exam but for the safety and well-being of its participants.