California Supreme Court Halts State Bar's Plans for New Exam
The California Supreme Court has temporarily held the State Bar of California’s plans to implement a new bar exam starting in February. The court rejected the state bar’s petition to proceed with the new exam, citing a procedural error in how the proposal was handled. The State Bar must address the issue before moving forward with the test.
Procedural Misstep Delays New Bar Exam
In a brief docket entry, the court explained that the State Bar did not follow the proper procedure when moving forward with its plan. The Supreme Court stated that the State Bar could resubmit its petition after ensuring that its Committee of Bar Examiners has fully "considered and approved" the proposed new test. A spokesperson for the court declined to provide further comments but pointed to the official docket entry for reference.
State Bar's Response and Future Plans
Following the court's decision, the State Bar released a statement affirming its intention to seek the court’s approval as soon as possible. Despite this setback, the bar remains committed to administering the new exam in February as originally scheduled. Brandon Stallings, chair of the State Bar's board of trustees, said in a statement that the bar "respects" the court’s decision.
Criticism of the New Exam Rollout
This development comes amid growing criticism from legal educators, who argue that the State Bar has rushed the process of changing the exam format. Concerns have been raised regarding the organization and readiness of the new test, which is set to replace the widely-used Multistate Bar Exam (MBE) with questions developed by Kaplan North America. California, as the second-largest bar exam jurisdiction in the U.S., following New York, saw 11,320 candidates take its exam in 2023 alone. The abrupt shift has led to concerns about the preparedness of future exam-takers.
Financial Motivations Behind the Change
The State Bar has framed the new exam as a cost-saving measure. Officials have projected that the switch could save up to $3.8 million annually by allowing the exam to be administered remotely in smaller venues, as opposed to large meeting spaces. The State Bar’s admissions division is facing significant financial challenges, with the broader agency also experiencing fiscal shortfalls. Stallings described the admissions arm as being in a “fiscal crisis,” further justifying the push for a cheaper exam format.
Copyright Concerns from the National Conference of Bar Examiners
The bar exam overhaul faced earlier delays in May 2023 when the National Conference of Bar Examiners (NCBE) raised copyright concerns over Kaplan’s involvement in developing questions that could closely resemble those in the Multistate Bar Exam. To address potential legal issues, the State Bar entered an agreement with Kaplan to share litigation expenses in any potential copyright disputes.
Contingency Plan for Traditional Bar Exam
As an alternative, the NCBE has proposed that the State Bar could revert to administering the MBE in February if necessary. However, NCBE President Judith Gundersen noted that if the MBE were to be used, the exam would need to be conducted in person, unlike the planned remote format for the Kaplan-developed test.
The path forward for the California State Bar remains uncertain as it navigates procedural challenges, legal hurdles, and financial pressures, all while striving to meet its February deadline for implementing the new bar exam.
