Summary
The Nebraska Supreme Court dismissed Z.H.'s appeal concerning accommodations provided for the February 2021 Nebraska bar examination. The court held that its appellate jurisdiction over bar-admission accommodation decisions did not authorize an award of damages, costs, or other requested relief because neither statutes nor court rules provided such remedies. The court did not reach the merits of Z.H.'s discrimination and accommodation claims.
Topics
Practice areas
Questions Presented
- Whether the Nebraska Supreme Court had appellate jurisdiction to award Z.H. costs, damages, attorney fees, punitive damages, declaratory relief, or injunctive relief in an appeal from the Bar Commission's accommodation order.
- Whether the Bar Commission had authority under the governing statutes and court rules to award costs or damages to a bar applicant.
- Whether the appeal should be dismissed for lack of jurisdiction.
Holdings
- The Bar Commission lacked authority to award damages or costs incurred by an applicant in taking the bar examination because the governing rules did not establish a process for seeking those amounts or authorize the commission to award them.
- The Nebraska Supreme Court lacked appellate jurisdiction to award Z.H. costs, damages, attorney fees, punitive damages, declaratory relief, or other relief not authorized by statute or court rule in this appeal.
Key quotations
“The remedies Z.H. seeks from the Bar Commission and the Supreme Court are not authorized by statute or court rule. Consequently, this court lacks jurisdiction to address her claims.” (757)
Factual background
Z.H., who has rheumatoid arthritis limiting her mobility, received accommodations for several Nebraska bar examinations. For the February 2021 examination, the Bar Commission offered additional time, an adjustable chair, and either a commission-provided scribe or speech-recognition software subject to computer-security and examination-monitoring conditions. Z.H. selected the speech-recognition option, experienced computer difficulties during the examination, and later sought reimbursement, attorney fees, damages, and other relief. She passed the examination before pursuing those claims in the appeal.
Procedural history
Z.H. requested accommodations for the Nebraska bar examination because of rheumatoid arthritis. After a hearing, the Bar Commission offered two accommodation options, and Z.H. selected the option permitting speech-recognition software subject to specified security conditions. She completed and passed the February 2021 examination, then appealed and amended her filings to seek costs and damages. The Nebraska Supreme Court dismissed the appeal for lack of jurisdiction to award the requested relief.