Palau's Island Times Newspaper is Surprised(?) Palau Supreme Court Won't Release Names Sat for Bar?
Supreme Court releases names of 2014 Bar exam passers
Island Times
TUESDAY, 11 NOVEMBER 2014 07:25
Says info on those who took the examination, flunkers is confidential
The Palau Supreme Court has released the names of individuals who passed the bar examination it administered this year. The latest Palau Bar examination was held from July 30, 2014 to August 1, 2014.
In a letter to Island Times (IT) reporter Jose Rodriguez T. Senase, Supreme Court Counsel Peter Ghattas said this year three people passed the exam and were certified to practice Law here. The letter was DATED November 7, 2014. Island Times is one of two newspapers published in this island nation.
“The Judiciary is in receipt of your letter requesting, pursuant to the Open Government Act, RPPL. No. 9-32 (“The Act”), the names of all individuals who sat for, passed, and did not pass the most recent Palau Bar Exam,” the first part of the letter reads. Ghattas said the three Bar passers for this year are Masami Elbelau, Jr., Jennifer Hon, and Lin Yiyun. Elbelau is one of the assistants at the Office of the Attorney General. “We congratulate them on their significant accomplishments,” the Court Counsel stated in the letter.
But Ghattas did not provide the names of those who took and failed the Bar exam. “Your letter also requests the names of every individual who sat for the bar exam and every individual who did not pass. These records, however, are confidential and are not covered by The Act,” he said. “Section 9 applies only to “PUBLIC RECORDS,” which Section 4(a)(5) defines as excluding “records that invade the right of privacy of any person or business entity as defined in this act,” the Court Counsel added.
Ghattas also cited Section 8(f) of the Open Government Act in denying the request for names of those who took and failed the Bar exam. “The Act further affirmatively provides at Section 8(f) that “personnel, medical, or similar file(s) the release of which would constitute a clearly unwarranted invasion of personal privacy “shall not be made available to the public. Examinees sitting for the bar exam have an expectation of personal privacy in their personnel files and applicant records, and your letter does not demonstrate a basis that warrants invasion of their personal privacy,” he stated. “As such, your requests for the list of individuals who sat for the Palau Bar Exam and who did not pass the exam are denied,” the Court Counsel added.
Late last month, Island Times requested the Judiciary to provide some records and documents pertaining to the Palau Bar exams. In a letter to Ms. Luisa Kumangai, Administrative Officer of the Palau Judiciary, Island Times asked that records and documents regarding the latest Palau Bar exams be provided to it. The letter was DATED October 20, 2014 and was signed by Jose Rodriguez Senase, one of the reporters for Island Times. Island Times says that pursuant to the Open Government Act, RPPL No. 9-32, Section 9, it is requesting the following records and documents:
1. The list of names of individuals who took the recent Palau Bar examination.
2. The list of names of the individuals who passed the Palau Bar examination.
3. The list of the individuals who failed the Palau Bar examination.
The Paper says that it requires the information contained in these records and documents in the interest of the right of the public to know. The Palau Bar examination is held once a year. The Palau Bar exam comprised of Multistate ESSAY Examination (MEE), Multistate Performance Test (MPT), Multistate Bar Examination (MBE), and Palauan-based Essay Examination. Each examination is held at a different DATE.
Those who passed the Palau Bar examination are licensed to practice law here. Applicants who have taken and passed the MBE, the MEE, the MPT, the MPRE, or an essay examination from a state or territorial jurisdiction of the United States within the past five years are not required to take that particular examination, but are required to provide evidence of a passing score from the jurisdiction in which the examination was taken. In other countries like the Philippines the names of those who take and pass the Bar exams are published in newspapers and other printed and online publications.
Island Times
TUESDAY, 11 NOVEMBER 2014 07:25
Says info on those who took the examination, flunkers is confidential
The Palau Supreme Court has released the names of individuals who passed the bar examination it administered this year. The latest Palau Bar examination was held from July 30, 2014 to August 1, 2014.
In a letter to Island Times (IT) reporter Jose Rodriguez T. Senase, Supreme Court Counsel Peter Ghattas said this year three people passed the exam and were certified to practice Law here. The letter was DATED November 7, 2014. Island Times is one of two newspapers published in this island nation.
“The Judiciary is in receipt of your letter requesting, pursuant to the Open Government Act, RPPL. No. 9-32 (“The Act”), the names of all individuals who sat for, passed, and did not pass the most recent Palau Bar Exam,” the first part of the letter reads. Ghattas said the three Bar passers for this year are Masami Elbelau, Jr., Jennifer Hon, and Lin Yiyun. Elbelau is one of the assistants at the Office of the Attorney General. “We congratulate them on their significant accomplishments,” the Court Counsel stated in the letter.
But Ghattas did not provide the names of those who took and failed the Bar exam. “Your letter also requests the names of every individual who sat for the bar exam and every individual who did not pass. These records, however, are confidential and are not covered by The Act,” he said. “Section 9 applies only to “PUBLIC RECORDS,” which Section 4(a)(5) defines as excluding “records that invade the right of privacy of any person or business entity as defined in this act,” the Court Counsel added.
Ghattas also cited Section 8(f) of the Open Government Act in denying the request for names of those who took and failed the Bar exam. “The Act further affirmatively provides at Section 8(f) that “personnel, medical, or similar file(s) the release of which would constitute a clearly unwarranted invasion of personal privacy “shall not be made available to the public. Examinees sitting for the bar exam have an expectation of personal privacy in their personnel files and applicant records, and your letter does not demonstrate a basis that warrants invasion of their personal privacy,” he stated. “As such, your requests for the list of individuals who sat for the Palau Bar Exam and who did not pass the exam are denied,” the Court Counsel added.
Late last month, Island Times requested the Judiciary to provide some records and documents pertaining to the Palau Bar exams. In a letter to Ms. Luisa Kumangai, Administrative Officer of the Palau Judiciary, Island Times asked that records and documents regarding the latest Palau Bar exams be provided to it. The letter was DATED October 20, 2014 and was signed by Jose Rodriguez Senase, one of the reporters for Island Times. Island Times says that pursuant to the Open Government Act, RPPL No. 9-32, Section 9, it is requesting the following records and documents:
1. The list of names of individuals who took the recent Palau Bar examination.
2. The list of names of the individuals who passed the Palau Bar examination.
3. The list of the individuals who failed the Palau Bar examination.
The Paper says that it requires the information contained in these records and documents in the interest of the right of the public to know. The Palau Bar examination is held once a year. The Palau Bar exam comprised of Multistate ESSAY Examination (MEE), Multistate Performance Test (MPT), Multistate Bar Examination (MBE), and Palauan-based Essay Examination. Each examination is held at a different DATE.
Those who passed the Palau Bar examination are licensed to practice law here. Applicants who have taken and passed the MBE, the MEE, the MPT, the MPRE, or an essay examination from a state or territorial jurisdiction of the United States within the past five years are not required to take that particular examination, but are required to provide evidence of a passing score from the jurisdiction in which the examination was taken. In other countries like the Philippines the names of those who take and pass the Bar exams are published in newspapers and other printed and online publications.