2 days ago
Thousands who did not pass California bar exam get a chance to practice, for now
June 11 (Reuters) - More than 3,300 people who failed or withdrew from taking California's troubled February bar exam will have the option to work under the supervision of an experienced attorney while they wait to take the attorney licensing exam, the Supreme Court of California ruled on Wednesday.
The court approved, opens new tab a request by the State Bar of California to extend an existing provisional licensure program enacted in 2020 when the bar exam was disrupted by the COVID-19 pandemic, which allows examinees to work under supervision for two years as they prepare to retake the test.
An estimated 3,340 would be eligible for provisional licensure, according to the petition submitted by the state bar.
The court on Wednesday also granted the state bar permission to 'impute' performance test scores for those unable to complete that test section due to technical problems—a process that involves using submitted answers to project their performance on sections that were missing.
The state bar estimates that imputing performance test scores will result in 79 more people going from failing to passing and bump up the overall pass rate from the current 63% to 65%—which is nearly double the average 35% rate in recent years.
More than 200 people moved from failing to passing earlier this month when the state bar signed off on a separate grading change, which moved the overall pass rate from 56% to 63%.
Some state bar trustees have expressed concern about some of the exam's proposed remedies and the higher pass rate, citing the bar's duty to protect the public from unqualified lawyers. At the state bar's request, the California Supreme Court already lowered the raw score needed to pass the exam and imputed scores for both the multiple-choice and essay portions of the February exam.
The state bar did not immediately respond on Wednesday to a request for comment on the Supreme Court's latest rulings but has previously said it "would never take any steps to detract from its public protection mission.'
California's February bar exam—the first not to use any components of the national test—was plagued with technical and logistical problems, including software crashes and interruptions from proctors. That exam has sparked several lawsuits, including at least two filed by test takers and one filed by the state bar against the testing company that administered it. State Bar Executive Director Leah Wilson said she will step down in July, citing the bungled rollout of the new exam.
While it approved the bulk of the state bar's petitions, the California Supreme Court denied a request to explore proposals for admitting attorneys licensed in other states without requiring them to take and pass the state's bar exam. That would require a change in state law, which requires bar passage for admission, the court noted.
Read more:
Hundreds of California bar exam-takers move from fail to pass with new scoring
California's February bar exam mess is costing millions to clean up
