Committee of Bar Examiners
Notice and Agenda
Friday, October 14, 2022
9:00 a.m. - 5:00 p.m.

The State Bar of California
845 South Figueroa Street
Boardroom, 2nd Floor
Los Angeles, CA 90017

Members of the public may access this meeting as follows:
Zoom Link: https://calbar.zoom.us/j/95439982011
Call-In Number: 669-900-9128
Webinar ID: 954-3998-2011

Open Session

Note: Members of the public may speak to any item on the agenda. Because the time for public comment during the meeting could be limited, you may choose to submit written comments instead. If you want to ensure that your written comment is considered by the committee prior to the discussion of an agenda item, please email your written comment to the committee coordinator at Devan.McFarland@calbar.ca.gov by 5:00 p.m. on Tuesday, October 11, 2022.

I. Chair's Time
A. Welcome/Roll Call
B. Call for Public Comment. (The Chair reserves the right to limit the duration of the public comment period.)
C. Recognition of Outgoing Chair. Attachment O-100.
I. Chair's Time
Attachment O-100. Recognition of Outgoing Chair.
D. 2022-2023 Committee Year Subcommittee Assignments. Attachment O-101.
I. Chair's Time
Attachment O-101. 2022-2023 Committee Year Subcommittee Assignments.
E. 2022-2023 Law School Council and Committee of State Bar Accredited and Registered Schools Officers and Members.
F. Approval of August 19, 2022, Committee of Bar Examiners Public Meeting Minutes. Attachment O-103.
I. Chair's Time
Attachment O-103. Approval of August 19, 2022, Committee of Bar Examiners Public Meeting Minutes.
II. Report from Director
A. Report on Key Statistical Indicators for August and September 2022. Attachment O-104.
II. Report from Director
Attachment O-104. Report on Key Statistical Indicators for August and September 2022.
B. Updates on Office of Admissions and State Bar Activities:

  1. Provisional Licensure Program Update (Amy Nuñez)
  2. Seeking Volunteers for Rules Revision for Examination Grading
  3. State Bar’s 2022-2027 Five Year Strategic Plan (Leah Wilson)
  4. Diversity Report Card on the California Legal Profession (Dr. Lisa Chavez)
  5. Recent Developments
II. Report from Director
State Bar’s 2022-2027 Five Year Strategic Plan
Attachments:
2022 Diversity Report Card on the California Legal Profession
III. Examinations
A. Discussion of Blue Ribbon Commission on the Future of the Bar Exam Recommendations and Next Steps. O-200. (Esther Lin and Alex Chan)
III. Examinations
O-200. Discussion of Blue Ribbon Commission on the Future of the Bar Exam Recommendations and Next Steps.
Attachments:
Attachment O-200. Update on BRC for Council on Access Fairness August 26 2022
B. Approval of Technical Report on the June 2022 First-Year Law Students’ Examination. Attachment O-201. (Christina Doell)
III. Examinations
Attachment O-201. Approval of Technical Report on the June 2022 First-Year Law Students’ Examination.
Attachments:
Attachment A. Technical Report on the June 2022 First-Year Law Students’ Examination.
C. Action on Revisions to the Testing Accommodation Rules; Recommendation to Circulate for Public Comment. Attachment O-202. (Christina Doell, Robert Brody, Dr. Michael Cao)
III. Examinations
Attachment O-202. Action on Revisions to the Testing Accommodation Rules; Recommendation to Circulate for Public Comment.
Attachments:
Attachment O-202. Attachments A-E.
D. Approval of Report on 2021-2022 Examinations Goals. Attachment O-203. (Dr. Michael Cao)
III. Examinations
Attachment O-203. Approval of Report on 2021-2022 Examinations Goals.
IV. Operations and Management
A. Action on Recommendation to Adopt Rule Change Eliminating Five-Year Period of Validity for Passing Bar Exam Score: Return from Public Comment. Attachment O-300. (Donna Hershkowitz)
IV. Operations and Management
Attachment O-300. Action on Recommendation to Adopt Rule Change Eliminating Five-Year Period of Validity for Passing Bar Exam Score: Return from Public Comment.
Attachments:
Attachment A. Public Comment ChartAttachment B. Proposed Amendments to Title 4 of the Rules of the State Bar, Rules 4.17, 4.51, 4.52, and 4.60 (Redline) Attachment C. Proposed Amendments to Title 4 of the Rules of the State Bar, Rules 4.17, 4.51, 4.52, and 4.60 (Clean Version)
B. Action on Revisions to the Practical Training of Law Students and Law Office Study Rules; Recommendation to Circulate for Public Comment. Attachment O-301. (Kathy Sher, Larry Kaplan, and David Torres)
IV. Operations and Management
Attachment O-301. Action on Revisions to the Practical Training of Law Students and Law Office Study Rules; Recommendation to Circulate for Public Comment.
Attachments:
Attachment A. Proposed Amendments to Title 9 of the Rules of Court, Rule 9.42 (Redline)Attachment B. Proposed Amendments to Title 3 of the Rules of the State Bar, Rules 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10 and 3.11 (Redline)Attachment C. Proposed Amendments to Title 4 of the Rules of the State Bar, Rule 4.29 (Redline)Attachment D. Proposed Amendments to Appendix A of the Rules of the State Bar (Redline)Attachment E. Policy Allowing a Grace Period for Submission of Semi-annual Reports by Law Office Study Participants
C. Approval of Report on 2021-2022 Operations and Management Goals. Attachment O-302. (James Efting)
IV. Operations and Management
Attachment O-302. Approval of Report on 2021-2022 Operations and Management Goals.
V. Educational Standards
A. Action on Amendment to Unaccredited Guideline 1.11 - Examination Preparation Classes as Part of the JD Program. Attachment O-400. (Paul Kramer)
V. Educational Standards
Attachment O-400. Action on Amendment to Unaccredited Guideline 1.11 - Examination Preparation Classes as Part of the JD Program.
Attachments:
Attachment O-400. Attachment C, D, E.
B. Action on Probation or Termination of Registration and Review of Inspection Report – Peoples College of Law. Attachment O-401. (Paul Kramer)
V. Educational Standards
Attachment O-401. Action on Probation or Termination of Registration and Review of Inspection Report - Peoples College of Law.
C. Action on Major Change - Merge John F. Kennedy Northcentral University with National University, Change Name, and Acquiesce to the Law School’s non-JD Programs. Attachment O-402. (Paul Kramer)
V. Educational Standards
Attachment O-402. Action on Major Change - Merge John F. Kennedy Northcentral University with National University, Change Name, and Acquiesce to the Law School’s non-JD Programs.
D. Administrative Updates from Accredited and Unaccredited Law Schools. Attachment O-403. (Paul Kramer)
V. Educational Standards
Attachment O-403. Administrative Updates from Accredited and Unaccredited Law Schools.
E. Approval of Report on 2021-2022 Educational Standards Goals. Attachment O-404. (Paul Kramer)
V. Educational Standards
Attachment O-404. Approval of Report on 2021-2022 Educational Standards Goals.
VI. Moral Character
A. Action on Revisions to the Admissions Rules Pertaining to Moral Character; Recommendation to Circulate for Public Comment and Approval of Procedures Related to Moral Character. Attachment O-500. (Tara Clark, David Lane, Vincent Reyes and Dolores Heisinger)
VI. Moral Character
Attachment O-500. Action on Revisions to the Admissions Rules Pertaining to Moral Character; Recommendation to Circulate for Public Comment and Approval of Procedures Related to Moral Character
B. Approval of Report on 2021-2022 Moral Character Goals. Attachment O-501. (Vincent Reyes)
VI. Moral Character
Attachment O-501. Approval of Report on 2021-2022 Moral Character Goals.
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)
Childs v. State Bar, First District Ct. of Appeals, Case No. CGC-21-590115
Flinders v. State Bar et al., Santa Clara County Superior Ct., Case No. 22-CV-397095;
USDC Northern District, Case No. 5:22-cv-04072-VKD
Guinses v. State Bar, DFEH Case No. 202204-16740319
Jahn v. State Bar, DFEH Case No. 202103-12845809
Kohn v. State Bar et al., Ninth Circuit Ct. of Appeals, Case No. 20-17316
Moran v. State Bar, DFEH Case No. 202107-14091306
Pell v. Amy Nuñez, USDC Central District, Case No. 2:22-cv-03732-AS
Piercy v. State Bar, DFEH Case No. 202202-16125312
Tuma v. State Bar, First District Ct. of Appeals., Case No. A161037
Tran v. State Bar, LA County Superior Ct., Case Nos. 22STCP01836; 22STCV16290
Threatened Litigation Concerning Bar Exam Testing Accommodation Requests


B. Approval of August 19, 2022, Committee of Bar Examiners Closed Meeting Minutes. [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3)-(5) 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. Report on Security Incidents from the July 2022 California Bar Examination (Tammy Campbell) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).]
B. WITHDRAWN- Action on the October 2022 Operation & Management Appeals. (Tammy Campbell) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).]
VI. 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 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.