Committee of Bar Examiners
Notice and Agenda
Friday, August 18, 2023
9:00 a.m. - 5:00 p.m.
Teleconference
The State Bar of California
Notice and Agenda
Friday, August 18, 2023
9:00 a.m. - 5:00 p.m.
Teleconference
The State Bar of California
Members of the public may also access this meeting as follows:
Zoom Link: https://calbar.zoom.us/j/99170745788
Call-In Number: 669-900-9128
Webinar ID: 991 7074 5788
Webinar ID: 991 7074 5788
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Open Session
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| I. REMARKS FROM THE CHAIR |
| A. | Welcome/Roll Call |
| B. | Approval of June 23, 2023, Committee of Bar Examiners Public Meeting Minutes I. REMARKS FROM THE CHAIR June 23, 2023, Committee of Bar Examiners Public Meeting Minutes |
| C. | Approval of June 28, 2023, Committee of Bar Examiners Public Meeting Minutes I. REMARKS FROM THE CHAIR June 28, 2023 CBE Open Session Meeting Minutes |
| D. | Chair's Report |
| II. Examinations |
| A. | Action on Revised Rule 4.62 of the Admissions Rules: Recommendation to Adopt Following Return from Public Comment and Transmit to the Supreme Court (Robert Brody, Dolores Heisinger, and Christina Doell) II. Examinations Action on Revised Rule 4.62 of the Admissions Rules: Recommendation to Adopt Following Return from Public Comment and Transmit to the Supreme Court Attachments: Attachment A. Public Comment Chart Attachment B. Proposed Amendments to Rule 4.62 |
| B. | Action on Revisions to the Testing Accommodations Rules: Recommendation to Adopt Following Return from Public Comment (Robert Brody, Dr. Michael Cao, and Christina Doell) II. Examinations Action on Revisions to the Testing Accommodations Rules: Recommendation to Adopt Following Return from Public Comment |
| C. | Discussion of First-Year Law Students’ Examination Performance Tracking Report (Amy Nunez, Lisa Cummins, and Roger Bolus) [Special Set for 10:00 a.m.] II. Examinations Profiling the Outcomes on the FYLSX Presentation |
| III. OPERATIONS AND MANAGEMENT |
| A. | February 2023 California Bar Examination Cost Analysis (Bethany Peak and Tammy Campbell) III. OPERATIONS AND MANAGEMENT February 2023 California Bar Examination Cost AnalysisAttachments: Attachment A. February 2023 CBX Costs |
| B. | Discussion and Action on the Refund of Fees Policy for Examinations (Tammy Campbell) III. OPERATIONS AND MANAGEMENT Refund of Fees Policy for Examinations |
| IV. Educational Standards |
| A. | Action on 2023 Minimum, Cumulative Five-Year Bar Exam Pass Rate Compliance Reporting for Accredited Law Schools (Natalie Leonard and James Efting) IV. Educational Standards 2023 MPR Compliance Reporting for Accredited Law Schools |
| B. | Action on Conclusion of Probation and Application for Registration as an Unaccredited Distance Learning Law School – San Francisco Law School (Natalie Leonard and James Efting) IV. Educational Standards Action on Conclusion of Probation and Application for Registration as an Unaccredited Distance Learning Law School - San Francisco Law School |
| C. | Action on Motion for Major Change – Add Distance JD Program – San Joaquin College of Law (Natalie Leonard and James Efting) IV. Educational Standards Action on Motion for Major Change - Add Distance JD Program - San Joaquin College of Law |
| D. | Action on Motion for Major Change – Amended Motion for Change of Headquarters – Western Sierra Law School (Natalie Leonard and James Efting) IV. Educational Standards Action on Motion for Major Change - Amended Motion for Change of Headquarters - Western Sierra Law School |
| E. | Action on Probation Progress Report - Peoples College of Law (Natalie Leonard and James Efting) IV. Educational Standards Action on Probation Progress Report - Peoples College of Law |
| F. | WITHDRAWN- Action on Motion for Major Change of Headquarters – Peoples College of Law (Natalie Leonard and James Efting) |
| G. | Action on Periodic Inspection – American International School of Law (Natalie Leonard and James Efting) IV. Educational Standards Action on Periodic Inspection - American International School of Law |
| H. | Report on Law School Performance Pursuant to State Bar Strategic Plan Goal 2: Protect the Public by Enhancing Access to and Inclusion in the Legal System (Natalie Leonard and James Efting) IV. Educational Standards Report on Law School Performance Pursuant to State Bar Strategic Plan Goal 2: Protect the Public by Enhancing Access to and Inclusion in the Legal System |
| I | Administrative Updates from Accredited, Unaccredited, and ABA Approved Law Schools (Natalie Leonard and James Efting) IV. Educational Standards Administrative Updates from Accredited, Unaccredited, and ABA Approved Law Schools |
| V. MORAL CHARACTER |
| A. | Action on Revised Rule 4.41 of the Admissions Rules: Recommendation to Adopt Following Return from Public Comment and Transmit to the Supreme Court (Larry Kaplan, Paul Kramer, David Lane, and Tara Clark) V. MORAL CHARACTER Recommendation to Adopt Revised Rule 4.41 of the Admissions Rules: Return from Public Comment |
| B. | Action on Guidelines for Extending the Reapplication Period for Applicants Receiving Adverse Moral Character Determinations, Abeyance Policy, and the Procedures Governing Informal Conferences (Dolores Heisinger, Tara Clark, Christian Harvey, and David Lane) V. MORAL CHARACTER Action on Guidelines for Extending the Reapplication Period for Applicants Receiving Adverse Moral Character Determinations, Abeyance Policy, and Procedures Governing Informal Conferences |
| VI. Report from Director |
| A. | 2023 CBE Workplan VI. Report from Director 2023 CBE Work Plan |
| B. | July 2023 California Bar Exam |
| C. | Bar Exam Cost Reduction Models Update |
| D. | Admissions Fee Increase Proposal Update |
| E. | Update on Blue Ribbon Commission Recommendations |
| F. | Recognition of Outgoing Members |
| G. | Recent Developments VI. Report from Director Proposal for a Portfolio Bar Examination to Demonstrate Minimum Competence |
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)] Brewer v. State Bar, et al., N.D. Cal., Case No. 2:23-cv-00860 Diviacchi v. State Bar, N.D. Cal., Case No. 3:23cv2417 Flinders v. State Bar et al., Sixth Appellate District Ct. of Appeal, Case No.H050562; Ninth Circuit Ct. of Appeals, Case No. 22-17014 Hill v. Peoples College of Law et al., C.D. Cal. Case No. 2:23CV1298 Kohn v. State Bar et al., Ninth Circuit Ct. of Appeals, Case No. 20-17316 Laue on Admission Cal. Supreme Court, Case No. S280895 Pell v. Amy Nuñez, Ninth Cir. Ct. of Appeals, Case No. 23-55188 |
| B. | Approval of June 23, 2023, Committee of Bar Examiners Closed Meeting Minutes [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3)-(4) and Gov. Code §§11126(c)(1) and 11126(e)(1).] |
| II. Examinations |
| A. | WITHDRAWN- Action on 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 August 2023 Operation & Management Appeals (Tammy Campbell) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).] |
| B. | Report on Security Incidents from the February 2023 California Bar Examination (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 (Christian Harvey and David Lane) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).] |
| B. | Action on Moral Character Cases Pending Administrative Review (Tara Clark, Christian Harvey, and David Lane) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).] |
| C. | Report on State Bar Court Decisions (David Lane) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).] |
| D. | Report on Status of Pending Moral Character State Bar Court Cases (Christian Harvey and David Lane) [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.
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