In Section VI of the Cal Bar’s Petition to the California Supreme Court on April 29, the Cal Bar discusses improvements for the MBE for the July 2025 exam.
There are several parts to this plan to improve the Kaplan MBE experience. In fact, the process is so intricate, that the Cal Bar admits it needs “ample time”
to implement them:
“ample time is required to do the following:
• Select applicants with the input of the CBE;
• Confirm eligibility of selected applicants based on the
CBE’s adopted criteria;
• Perform attorney complaint and disciplinary history checks
on selected applicants (which is anticipated to be part of
the CBE’s selection policy);
• Execute contracts;
• Securely transmit the questions to the subject-matter
experts; and
• Provide ample opportunity for subject-matter experts to
review the questions for legal accuracy.” Petition, at 61.
As a result, the Cal Bar admits this process may not be able to be completed in time for the July 2025 exam.
So, what’s the alternative?
Buried on page 62 of the 63-page Petition, the Cal Bar states (note, the reference to MBE means the traditional NCBE questions):
Up until this point, neither the State Bar nor the CBE have
considered returning to the [NCBE] MBE. But as the State Bar continues
to work with the CBE to improve the multiple-choice question
review process, this Court may conclude that, pursuant to its
plenary authority over admissions to the bar in this State, the
State Bar should be directed to utilize the MBE for the July 2025
General Bar Examination so that there is not a risk that the
process improvements are not effectively implemented before the
next administration of bar examination.
The Court’s Administrative Order 2024-10-21-01, filed on October 22, 2024,
which refers only to 200 multiple-choice questions, does not
require amendment for the Court to make this directive.
Friends, this is an earnest, eager entreaty by the Cal Bar to the California Supreme Court:
We can’t sort out 200 properly vetted MBEs by the July 2025 exam. We need more time to implement
a proper plan. So please, California Supreme Court, order us to use the NCBE’s MBE questions,
so we can buy enough time to put our MBE house in order.
And, while we’re at it, folks, I’d go even further. I would ask the California Supreme Court to
direct the California Bar to use the NCBE’s MBE questions until further notice until such time
that the Cal Bar can properly, confidently, and in a manner worthy of the public’s trust, roll out 200
MBE questions for use on future exams. If the Cal Bar’s plan takes 6 months, great. If it takes 2 years, great.
Just get it right.
Two final notes of interest:
1) the NCBE will stop creating MBE questions after the July 2028 exam. As such, the California Supreme Court can
provide the Cal Bar and Kaplan with over two years of runway to ensure that it gets its collective MBE house in order.
2) the NCBE published a statement Monday indicating that if the California Bar wants to use the NCBE questions
on the July 2025 exam, the Cal Bar must notify the NCBE by June 10, 2025.
