Committee of Bar Examiners
Notice and Agenda
Friday, June 23, 2023
9:00 a.m. - 5:00 p.m.


Teleconference
The State Bar of California

Members of the public may access this meeting as follows:
Loyola Marymount University
Downtown Law Campus
Advocacy Center
Robinson Courtroom, Room 102

919 Albany Street
Los Angeles, CA 90015

Members of the public may also access this meeting as follows:
Call-In Number: 669-900-9128
Webinar ID:
971 9635 3546
Open Session
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I. REMARKS FROM THE CHAIR
A. Welcome/Roll Call
B. Approval of April 21, 2023, Committee of Bar Examiners Public Meeting MinutesApril 21, 2023, Committee of Bar Examiners Public Meeting Minutes
D. Chair's Report

[Lunch break: 12:00 p.m. – 12:45 p.m.]


II. Examinations
A. Approval of Draft Report to the Supreme Court on the February 2023 California Bar Examination (Christina Doell and Alex Lawrence)Draft Report to the Supreme Court on the February 2023 California Bar Examination
III. OPERATIONS AND MANAGEMENT
A. Action on Revisions to the Special Admissions Rules: Recommendation to the Board of Trustees to Circulate for Public Comment Amendments to the State Bar Rules and Rules of Court Related to Registered In-House Counsel, Registered Legal Aid Attorneys, Registered Military Spouse Attorneys, Foreign Legal Consultants, and Out of State Attorney Arbitration Counsel (James Efting, Kareem Gongora, Bethany Peak, and Amy Nuñez)Action on Revisions to the Special Admissions Rules: Recommendation to the Board of Trustees to Circulate for Public Comment Amendments to the State Bar Rules and Rules of Court Related to Registered In-House Counsel, Registered Legal Aid Attorneys, Registered Military Spouse Attorneys, Foreign Legal Consultants, and Out of State Attorney Arbitration Counsel Attachment A. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to, Registered In-House Counsel (Redline) Attachment B. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to, Registered In-House Counsel (Clean) Attachment C. Proposed Amendments to CA Rules of Court, Rule 9.46 Relevant to Registered In-House Counsel (Redline)Attachment D. Proposed Amendments to CA Rules of Court, Rule 9.46 Relevant to Registered In-House Counsel (Clean)Attachment E. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Legal Aid Attorneys (Redline)Attachment F. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Legal Aid Attorneys (Clean)Attachment G. Proposed Amendments to CA Rules of Court, Rule 9.45 Relevant to Registered Legal Aid Attorney (Redline)Attachment H. Proposed Amendments to CA Rules of Court, Rule 9.45 Relevant to Registered Legal Aid Attorney (Clean)Attachment I. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Military Spouse Attorneys (Redline)Attachment J. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Registered Military Spouse Attorneys (Clean)Attachment K. Proposed Amendments to CA Rules of Court, Rule 9.41.1 Relevant to Registered Military Spouse Attorney (Redline)Attachment L. Proposed Amendments to CA Rules of Court, Rule 9.41.1 Relevant to Registered Military Spouse Attorney (Clean)Attachment M. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Foreign Legal Consultants (Redline)Attachment N. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Foreign Legal Consultants (Clean)Attachment O. Proposed Amendments to CA Rules of Court, Rule 9.44 Relevant to Registered Foreign Legal Consultant (Redline)Attachment P. Proposed Amendments to CA Rules of Court, Rule 9.44 Relevant to Registered Foreign Legal Consultant (Clean)Attachment Q. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Out-of-State Attorney Arbitration Counsel (Redline and Clean)Attachment R. Proposed Amendments to Title 3 of the Rules of the State Bar Relevant to Out-of-State Attorney Arbitration Counsel (Clean)
B. Discussion and Action on the Refund of Fees Policy for Examinations (Tammy Campbell)
Discussion and Action on the Refund of Fees Policy for ExaminationsAttachment A. Title 4, Chapter 5 of the Rules of the State Bar Relevant to ExaminationsAttachment B. Proposed Rejected Payment PolicyAttachment C. Request for Refund of Fees FormAttachment D. February 2023 CBX Costs

IV. Educational Standards
A. Administrative Updates from Accredited, Unaccredited and ABA Approved Law Schools (Natalie Leonard and Jim Efting) Administrative Updates from Accredited, Unaccredited and ABA Approved Law Schools
B. Action on Probation and Progress Report, Request for Waiver to Teach Classes Online Due to COVID, and Major Change – Change of Administrative Headquarters – Peoples College of Law (Natalie Leonard and Jim Efting)IV. B- Action on Probation and Progress Report, Request for Waiver to Teach Classes Online Due to COVID, and Major Change - Change of Administrative Headquarters - Peoples College of LawAttachment A. May 1, 2023 Peoples College of Law Progress ReportAttachment B. Staff Response to May 1, 2023 Peoples College of Law Progress ReportAttachment C. June 1, 2023 Peoples College of Law Progress ReportAttachment D. Staff Preliminary Response to June 1, 2023 Progress ReportAttachment E. PCL Response to Staff Preliminary Response to June 1, 2023 Progress ReportAttachment F. Staff Second Response to June 1, 2023 Progress Report
C. Action on Response to Notice of Noncompliance and Request for Voluntary Termination of Registration – Pacific West College of Law (Natalie Leonard and Jim Efting) IV-C Action on Response to Noncompliance and Request for Voluntary Closure - Pacific West College of LawAttachment A. Notice of Noncompliance to the Pacific West College of LawAttachment B. Response to Notice of Noncompliance from Pacific West College of Law
D. Action on Inspection Report and Major Change to Deliver Classes via Physical Classroom and Distance Delivery in the Fixed-Facility Category – Western Sierra Law School (Natalie Leonard and Jim Efting) Action on Inspection Report and Major Change to Deliver Classes via Physical Classroom and Distance Delivery in the Fixed-Facility Category - Western Sierra Law School
V. MORAL CHARACTER
A. Presentation on the Unauthorized Practice of Law (David Lane)
VI. Report from Director
A. Discussion of 2023 CBE Workplan 2023 CBE WorkplanReport of Director Presentation
B. Reminder: CBE Chair & Vice-Chair Applications
C. Provisionally Licensed Lawyer Data Following May 31, 2023, Deadline
D. Blue Ribbon Commission Update
E. Admissions Fee Proposal UpdateAdmissions Fee and Cost Reduction Presentation
F. Rules TimelineTimeline for Rules Revision, Revised June 13, 2023
G. Next meeting: August 18, 2023, Remote Zoom and August 19, 2023, Second Calibration
H. EDG Team Update
I. Recent Developments
Closed Session
I. Chair's Time
A.

Report on Pending Litigation [Closed pursuant to Gov. Code §11126(e)(1)]
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
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 April 21, 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. Action on Testing Accommodation Appeals Filed in Connection of the July 2023 California Bar Exam (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 June 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. 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.