Sept 19 (Askume) – The California Bar was set to hold its own bar exam in February but hit a roadblock on Wednesday when the California Supreme Court rejected its petition to make the change.
The court said in a brief document that the state bar erred in failing to follow proper procedures for moving for a new trial. The court said the state’s attorneys can file another petition to seek approval for a new trial once the Board of Bar Examiners “considers and approves” it.
A court spokesman declined to comment Thursday and directed people to review the case record entry.
In a message posted on his website, the state attorney said he would seek court approval as soon as possible and still intends to hold the new bar exam in February as planned.
State Bar Board Chairman Brandon Stallings said in a prepared statement Thursday that the bar “respects” the court’s decision.
The court’s refusal comes as some legal educators criticize state bar associations for moving too quickly to change the bar exam and throwing the entire process into disarray . California is the second-largest bar exam jurisdiction in the United States, after New York. In 2023, approximately 11,320 aspiring attorneys took the California bar exam.
The new exam will consist of multiple-choice questions developed by Kaplan North America rather than questions from the National Conference of Bar Examiners Multistate Bar Examination, which is used by most states to obtain bar licensure.
The court’s denial is the latest setback for the new California bar exam, which state bar officials estimate will save $3.8 million annually because the exam can be administered remotely at smaller testing centers rather than large conference venues. Stallings said the state bar’s admissions division is currently in “fiscal distress” and larger institutions are also facing financial shortfalls .
State bar officials said the bar exam had been 15 months in the making, but was delayed after the National Conference of Bar Examiners raised copyright concerns in May about Kaplan’s preparation of questions similar to those on its exam . The state bar then reached an agreement with Kaplan that would share the costs of any litigation incurred over potential copyright infringement cases before proceeding.
Judith Gunderson, president of the National Board of Bar Examiners, said Thursday that it shared a contingency plan with state bar associations in May that could allow it to use the MBE in February as before. But she said the test must be done in person.
Read more:
California wants to give bar examinees a boost in test scores, critics are wary
California prepares to ditch national bar exam to cut costs
