Barry S. Glaser v. Board of Bar Examiners, the Supreme Court of the State of Hawaii

17 F.3d 394 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Barry S. GLASER, Plaintiff-Appellant, v. BOARD OF BAR EXAMINERS, the Supreme Court of the State of Hawaii, et al., Defendants-Appellees. No. 92-16331. United States Court of Appeals, Ninth Circuit. Submitted Dec. 17, 1993. * Decided Feb. 11, 1994. Before: WALLACE, Chief Judge, GARTH ** and WIGGINS, Circuit Judges. 1 MEMORANDUM *** FACTS 2 Appellant took the summer 1990 Hawaii bar exam. He scored 72.4% on the essay exam and 67.2% on the MBE, for a combined average of 69.8%, only 0.2% below passing. The Hawaii Supreme Court ordered him not admitted. Hawaii procedure at that time was to regrade automatically, prior to obtaining applicants' MBE scores, all essay exams with scores between 65% and 69.9%. Appellant's essays, which exceeded this range, were not regraded. 3 Appellant protested. He sent two letters to Hawaii, each addressed to the Hawaii Board of Bar Examiners ("Board") and the Hawaii Supreme Court. He said…