Cal. Supreme Court intimates it will be involved with remedies for February 2025 applicant pool… and no provisional licensing, per the Bar
Hello everyone,
In its message today, the Cal. Supreme Court said the following, in relevant part, about the February 2025 applicant pool:
“At present, the complete scope and causes of the problems are still being determined. Last week, the court asked the State Bar, in conjunction with the vendor responsible for administering the exam, to provide an expedited, detailed report regarding the problems encountered by applicants. This information is crucial in informing how the court will provide appropriate remedies for affected applicants who deserved and expected better.”
Folks, the Cal. Supreme Court didn’t have to say what I highlighted in bold. The Cal. Supreme Court asked the Bar to provide an expedited detailed report about what happened on the exam. All well and good. The Court could have stopped there. But the Court said that it wanted the information because it will inform how the Court will provide appropriate remedies. The Court is rather unhappy about all this, in my view. It could have left such remedies to the Cal Bar. Seemingly the Court wants to get involved. I would remind the Court that results day is Friday, May 2, and I would hope that the Court will provide its thoughts before results publish on that date.
For its part, the Cal Bar emailed applicants today as well and addressed a few issues.
- The controversial March 18-19 retest.
Turns out precious few people will be allowed to participate in the March 18-19 retake. Just 85 people met the criteria: unable to launch the exam at all, or submitted 1, 2, or 3 (but no more) essays/PT on exam day, or people who couldn’t access the MBE at all, or people who only competed 1 or 2 of the 4 sessions of the MBE.
That’s 85 out of 5,400 applicants, or 1.5% of the applicant pool.
The Bar didn’t address whether it would be replacing all of the essays/PTs for March 18-19, or just the one essay that was published recently. Frankly, that should be a no-brainer: if they can replace on essay, they can replace all of the essays and the PT, and they should do so ASAP.
2. Other remedies
The Cal Bar said in its email: The State Bar has used psychometric remedies like score imputation, pro rata adjustments, and regression modeling in prior disrupted exams. Historically, the Committee of Bar Examiners has had purview over exam grading, and any scoring adjustment would likely be subject to Supreme Court approval.” In other words, they can recommend something, but the Supreme Court will have to approve it.
3. Provisional Licensure
The Cal Bar said in its email: “Many of you, as well as various law school deans, have recommended that the State Bar provisionally license February 2025 test takers. The State Bar does not have the authority to unilaterally initiate a new, or extend and modify the current, provisional licensure program. ”
The Board of Trustees will receive an update on the February 2025 bar exam at its meeting on March 5; an overview of possible remediation steps will be provided to the Board at that time. The Committee of Bar Examiners will discuss remediation options at its March 14 meeting; however, action by either body is unlikely given that preliminary grading will not have concluded. Further, neither State Bar staff nor the Board of Trustees nor the Committee of Bar Examiners can act alone in making decisions to apply scoring adjustments or to provisionally license February exam takers. Decisions about these matters are subject to review and approval by the Supreme Court.
In other words, I don’t see the Cal Bar recommending provisional licensure at all. Ultimately, something like that is up to the Supreme Court, which has the final word on any issues relating to the Bar Exam. Which suggests why the law school deans wrote its letter to the California Supreme Court. The deans seemed to know that the Court is the only entity that could approve such a remedy.
No idea what’s going to happen in this regard. However, I’m happy to see that the Court has an interest in what’s going on. The Court rarely speaks on Bar Exam-related matters. I’m glad the Court is getting involved and has done so expediently.