Committee of Bar Examiners
Notice and Agenda
Friday, April 21, 2023
9:00 a.m. - 5:00 p.m.


Teleconference
The State Bar of California

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Open Session
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I. REMARKS FROM THE CHAIR
A. Welcome/Roll Call
B. Approval of March 24, 2023, Committee of Bar Examiners Public Meeting Minutes
I. REMARKS FROM THE CHAIR
March 24, 2023, Committee of Bar Examiners Public Meeting Minutes
C. Chair's Report
II. Examinations
A. Revisions to the Grading Rules: Adjustment to the Public Comment Period (Robert Brody, Dolores Heisinger, and Christina Doell)
II. Examinations
Revisions to the Grading Rules: Adjustment to the Public Comment Period
III. OPERATIONS AND MANAGEMENT
A. Action on Revisions to the Admissions Rules Pertaining to Chapter 6 Conduct Violations and Exam Administration: Recommendation to Circulate for Public Comment (Tammy Campbell, James Efting, and David Torres)
III. OPERATIONS AND MANAGEMENT
Action on Revisions to the Admissions Rules Pertaining to Chapter 6 Conduct Violations and Exam Administration: Recommendation to Circulate for Public Comment
Attachments:
Attachment A . Title 4 Chapter 5 of the Rules of the State Bar Relevant to ExaminationsAttachment B. Proposed Amendments to Title 4 Chapter 6 of the Rules of the State Bar Relevant to Conduct Violations (Redline)Attachment C. Proposed Amendments to Title 4 Chapter 6 of the Rules of the State Bar Relevant to Conduct Violations (Clean)Attachment D. Proposed Amendments to Exam Administration Refund of Fees Policy (Redline) Attachment E. Proposed Amendments to Exam Administration Refund of Fees Policy (Clean)Attachment F. Chapter 6 Administrative Hearing Outcomes Decisional MatrixAttachment G. Guidelines Governing the Interpretation and Application of Chapter 6 of the Admissions RulesAttachment H. Committee of Bar Examiners Procedures for Chapter 6 Adminsitrative Hearings Conducted by State Bar Staff Attachment I - Policy to Permit Headwear to be Worn in a Secure Examination Test Center Due to Religious BeliefsAttachment J. February 2023 Bar Exam Admittance Ticket Bulletin
B. Action on Revisions to the Special Admissions Rules: Recommendation to Circulate for Public Comment Rules Related to Registered In-House Counsel, Registered Legal Aid Attorneys, Registered Military Spouse Attorneys, and Foreign Legal Consultants (James Efting, Kareem Gongora, Bethany Peak, and Amy Nuñez)
III. OPERATIONS AND MANAGEMENT
Action on Revisions to the Special Admissions Rules: Recommendation to Circulate for Public Comment Rules Related to Registered In-House Counsel, Registered Legal Aid Attorneys, Registered Military Spouse Attorneys, and Foreign Legal Consultants
Attachments:
A. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to, Registered In-House Counsel (Redline)B. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to, Registered In-House Counsel (Clean)C. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Legal Aid Attorneys (Redline)D. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Legal Aid Attorneys (Clean)E. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Military Spouse Attorneys (Redline)F. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Military Spouse Attorneys (Clean)G. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Foreign Legal Consultants (Redline)H. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Foreign Legal Consultants (Clean)I. Proposed Amendments to CA Rules of Court 9.46 Relevant to Registered In-House Counsel (Redline)J. Proposed Amendments to CA Rules of Court 9.46 Relevant to Registered In-House Counsel (Clean)K. Proposed Amendments to CA Rules of Court 9.45 Relevant to Registered Legal Aid Attorney (Redline)L. Proposed Amendments to CA Rules of Court 9.45 Relevant to Registered Legal Aid Attorney (Clean)M. Proposed Amendments to CA Rules of Court 9.41.1 Relevant to Registered Military Spouse Attorney (Redline)N. Proposed Amendments to CA Rules of Court 9.41.1 Relevant to Registered Military Spouse Attorney (Clean)O. Proposed Amendments to CA Rules of Court 9.44 Relevant to Registered Foreign Legal Consultant (Redline)P. Proposed Amendments to CA Rules of Court 9.44 Relevant to Registered Foreign Legal Consultant (Clean)
C. Action on Eligibility Rules: Recommendation to Circulate Rules Revision for Public Comment; Recommendation to Adopt and to Repeal of Guidelines and Policies; and Recommendation to Adopt Legislative Proposals (Audrey Ching, Donna Hershkowitz, Ashley Silva-Guzman, and David Torres)
III. OPERATIONS AND MANAGEMENT
C. Action on Eligibility Rules: Recommendation to Circulate Rules Revision for Public Comment; Recommendation to Adopt and to Repeal of Guidelines and Policies; and Recommendation to Adopt Legislative Proposals
Attachments:
A. Proposed Amendments to Eligibility Rules (Chapters 1-3 and 5 of the Rules of the State Bar) and Schedule of Charges and Deadlines, Title 4, Division 1 (Redline)B. Proposed Policy for Consideration of Requests for Extension of Time Pursuant to Rule 4.17(b) and (c)C. Committee Policy: Starting First-Year Law Studies OverD. Committee Guideline: Guidelines for Foreign-Educated General Applicants with a First Degree in LawE. Proposed Amendments to Family Code § 17520, (Redline)F. Proposed Amendments to Business and Professions Code § 6060 (Redline)G. Proposed for Repeal of Committee of Bar Examiners Policy: Policy of What Constitutes a Year for Purposes of Credit for Law Study and Exemption from the First-Year Law Students’ Examination (Redline)
IV. Educational Standards
A. Administrative Updates from Accredited and Unaccredited Law Schools (Natalie Leonard)
IV. Educational Standards
Administrative Updates from Accredited and Unaccredited Law Schools
Attachments:
Attachment A
B. Action on Motion for Major Change of Administrative Headquarters – Irvine University College of Law (Natalie Leonard)
IV. Educational Standards
Action on Motion for Major Change of Administrative Headquarters - Irvine University College of Law
Attachments:
Attachment A. Irvine College of Law Major Change Request
C. Action on Noncompliance with Unaccredited Rule 4.242 (Annual Report filing) – Pacific West College of Law (Natalie Leonard)
IV. Educational Standards
Action on Noncompliance with Unaccredited Rule 4.242 (Annual Report filing) - Pacific West College of Law
D. Action on Review of Probationary Progress Report – Peoples College of Law. (Natalie Leonard)
IV. Educational Standards
Action on Review of Probationary Progress Report - Peoples College of Law
V. MORAL CHARACTER
A. Presentation on the Unauthorized Practice of Law (David Lane)
VI. Report from Director
A. Review of Office of Admissions Organizational Chart
VI. Report from Director
Office of Admissions Organizational Chart
B. Discussion and Approval of 2023 CBE Workplan
VI. Report from Director
B. Discussion and Approval of 2023 CBE Workplan
C. CBE Chair & Vice-Chair Appointments
D. Recent Developments
Closed Session
I. Chair's Time
A. Report from Counsel (Caroline Holmes and Jean Krasilnikoff)
Report on Pending Litigation [Closed pursuant to Gov. Code §11126(e)(1)]
In re Camper on Admissions, Cal. Supreme Court Petition, Case No. S278539
Diviacchi on Admission, Cal. Supreme Court Petition, Case No. S277485
Flinders v. State Bar et al., Sixth Appellate District Ct. of Appeal, Case No.H050562; Ninth Circuit Ct. of Appeals, Case No. 22-17014
Guinses v. State Bar, DFEH Case No. 202204-16740319
Hill v. Peoples College of Law et al., C.D. Cal. Case No. 2:23CV1298
Jahn v. State Bar, DFEH Case No. 202103-12845809
Kohn v. State Bar et al., Ninth Circuit Ct. of Appeals, Case No. 20-17316
Mitchell v. State Bar et al., Cal. Supreme Court Petition, Case No. S278784
Moran v. State Bar, DFEH Case No. 202107-14091306
Pell v. Amy Nuñez, Ninth Cir. Ct. of Appeals, Case No. 23-55188
Piercy v. State Bar, DFEH Case No. 202202-16125312
Tuma v. State Bar, First District Ct. of Appeals., Case No. A161037
Threatened Litigation Concerning Bar Exam Testing Accommodation Requests
B. Approval of March 24, 2023 Committee of Bar Examiners Closed Meeting Minutes [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3)-(5) and Gov. Code §11126(c)(1).]
C. Discussion and Approval of Written Questions for Inclusion on July 2023 California Bar Examination [Special Set for Saturday, April 22 in Closed Session] [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).]
II. Examinations
A. Action on Pending Testing Accommodation Appeals (Christina Doell) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3), and Gov. Code §11126(c)(1).]
III. Operations and Management
A. Action on the April 2023 Operation & Management Appeals (Tammy Campbell) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).]
IV. MORAL CHARACTER
A. Report and Discussion of Staff Moral Character Determinations (Tara Clark) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
B. Action on Moral Character Cases Pending Administrative Review (Tara Clark) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
C. WITHDRAWN-Report on State Bar Court Decisions. (Tara Clark) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
D. Report on Status of Pending Moral Character State Bar Court Cases (Tara Clark) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
Adjourn


In compliance with the Americans with Disabilities Act, those requiring accommodations at this meeting should notify Devan McFarland at 415-538-2548 or Devan.McFarland@calbar.ca.gov. Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting.

The notice and agenda are available at https://board.calbar.ca.gov/Committees.aspx.