Blue Ribbon Commission on the Future of the Bar Exam

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Purpose

In 2018, the State Bar Board of Trustees created the California Attorney Practice Analysis (CAPA) Working Group to take a fresh look at the knowledge, skills, and abilities needed by entry-level attorneys in California to practice law ethically and competently. The CAPA Working Group completed its work in 2020, coinciding with a national practice analysis by the National Conference of Bar Examiners that will drive recommendations regarding content and format of the Uniform Bar Exam (UBE). 

To evaluate the recommendations raised by the CAPA Working Group as well as additional policy questions regarding the California bar exam’s format and pass score, the California Supreme Court and the Board of Trustees established the joint Blue Ribbon Commission on the Future of the California Bar Exam. 

Charter

The Blue Ribbon Commission is charged with developing recommendations concerning whether and what changes to make to the California Bar Exam, and whether to adopt alternative or additional testing or tools to ensure minimum competence to practice law.

In so doing, the commission will review the results of the California Attorney Practice Analysis and the CAPA Working Group’s recommendations; the results of the 2020 National Conference of Bar Examiners practice analysis, and its recommendations for the Uniform Bar Exam (UBE) content and format; and the results of additional recent studies on the California Bar Exam conducted the State Bar, including data examining the pass rates of applicants of color. While its work will be grounded in these studies’ empirical findings, the commission shall explore other issues to ensure that the exam is an effective tool for determining whether applicants are prepared to practice law ethically and competently at a level appropriate for an entry-level attorney including any information that may be gleaned from California’s experience with the temporary provisional licensure program to the extent that it is relevant to the commission’s charge.  Read More

In particular, the commission will develop recommendations for the California Supreme Court and the State Bar of California regarding:

  1. Whether a bar exam is the correct tool to determine minimum competence for the practice of law, and specifications for alternative tools should the commission recommend that alternatives be explored and adopted.

    Should the commission recommend that California retain a bar exam for the purpose of determining minimum competency for the practice of law, the commission will develop recommendations regarding the following: 
     
  2. Whether there is sufficient alignment in the knowledge, skills, and abilities to be tested by the UBE with the knowledge, skills, and abilities required of entry level California attorneys to argue in favor of its adoption by California.  
  3. If adoption of the UBE is recommended, whether there should be supplementary content and skills tested or trained on to meet specific California needs, and if so, modalities for that testing or training. 
  4. Revisions to the California Bar Exam if the UBE is not recommended for adoption, addressing:
  • Legal topics and skills to be tested: The commission will recommend legal topics and skills to be tested on the bar exam and also provide specifications for supplementary testing or training for topics not recommended for inclusion on the exam itself.
  • Testing format: In light of the legal topics and skills to be tested, the commission will determine the testing format and design of the exam. The commission will expressly consider whether the examination, including any of its subparts, should be administered online and/or in-person.
  • Passing score: The commission will review the appropriateness of the current bar exam pass line and whether it should be changed.

Composition 

The commission consists of 19 members appointed by the Supreme Court. Members have multiple areas of expertise and represent a wide range of stakeholders.

Members reflect the state’s demographic and geographic diversity and diversity in attorney practice sectors and settings.

Timeline

The Blue Ribbon Commission will begin its work in the second quarter of 2021, and expects to present a final report on its findings and recommendations later in 2022.

Staff contact

Devan McFarland, 415-538-2548, Devan.McFarland@calbar.ca.gov

Additional information

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