UPDATE: Sept. v. October? The saga will end “the week of July 13.”

Brief statement on the Bar’s Admissions page: “The Supreme Court will issue a final determination on the status of the fall 2020 bar exam the week of July 13.”

Two lingering questions beyond the date of the test:

  1. If it’s true that neither NCBE nor the Cal Bar will scale the MBE to the written exam, why would anyone use the MBE on the fall Cal Bar Exam?

  2. Will the Cal Bar extend the exam by one day to allow everyone to take the PT at the same time, thereby allowing people to print the Library and the File and eliminate the possibility of cheating on the test? Will the Cal Bar concede that nobody can cheat on the PT as long as it is held at the same time for everyone?

    Scaling question: what’s the bigger scaling concern: the ability to scale the MBE to the written portion of the test? Or the ability to scale the PT given that, if students can’t print the Library and File on the PT, then applicants are taking an artificially different test?

UPDATE: Cal Bar Exam date – September v. October?

Hello everyone.

The June 2020 Baby Bar came and went. The anecdotal evidence about the online-deployable MBE from the Baby Bar is this: technologically, the MBE went fine on June 23, 2020.

So what does that mean to the September 2020 Cal Bar applicant pool?

Remember what the Cal Supreme Court wrote two weeks ago today:

The court is grateful to learn that the National Conference of Bar Examiners (NCBE) will offer an online-deployable version of the multiple choice Multistate Bar Examination (MBE) on October 6, 2020. As the State Bar is aware, the administration of the MBE is an essential component to scoring the entire two-day exam. Although the court had originally postponed the July 2020 California Bar Examination to September 9-10, 2020, the court will consider moving the exam to October 5-6, 2020 after the State Bar assesses its online administration of First-Year Law Students’ Examination on June 23 AND the feasibility of upscaling that administration to the full exam in the fall. (emphasis mine).

So we have a 2-factor test here: 1) let’s see how the Baby Bar goes, and 2) is it feasible to upscale an online-deployable MBE to the written portion so that an October exam could take place.

The first factor (anecdotally at least) has been established: the online MBE on the Baby Bar Exam went fine.

The second factor? It’s complicated.

The Cal Supreme Court wants to see if it is feasible to upscale the online MBE to the written section of the exam. If this factor is met, then welcome to the October 5-6 Cal Bar Exam. If not, then the exam should take place in September and then the question is what form will the exam take.

My understanding is that over the last 25 years (at least), the Cal Bar has allowed the NCBE to upscale the MBE to the written portion of the exam. IF that’s true, then we have a problem. Note the final paragraph of NCBE’s post on June 1 about the availability of an online-deployable MBE exam:

Jurisdictions will be responsible for scoring the tests and interpreting candidate performance. NCBE will not equate the MBE portion or scale scores from the written portion of the test to the standardized MBE portion as we would do for the standard, full-length bar exam. Without further research, scores from an abbreviated version of the MBE administered by remote testing cannot be considered comparable to the standard, paper-based, full-length MBE administration, such comparability being an essential requirement for equating and scaling. (emphasis mine)

So… the NCBE will NOT do the upscaling that the Cal Supreme Court wants. Question: Does the Cal Bar know how to, or would be willing to, do the necessary upscaling that the NCBE typically does? I don’t know the answer. The Cal Bar’s “Report to the Supreme Court on the February 2020 California Bar Examination” says on page 3 that the scores on the written portion of the exam “were scaled to the MBE, i.e., the written scores were converted to a score distribution that has the same mean and standard deviation as the MBE score distribution.” Cool. But WHO does that scaling? The Cal Bar? Or the NCBE? That’s the big question.

IF the Cal Bar does that scaling, welcome to the October exam, seemingly. And by the way, note the language about “abbreviated version” and not comparable to the “full-length” exam. Sounds like if we have an October exam, we will have fewer MBEs on that exam. How many fewer? No idea.

But what if the Cal Bar doesn’t know how to, or is unwilling to do so? Then it seems that the October exam can’t occur, and we keep the September exam.

Then we ask: what form does the September exam take?

Can’t use the MBE based on the above, right? Argument for somehow finding a fully scaled MBE that the Cal Bar somehow miraculously has on hand?

From the Cal Bar’s letter to the Cal Supreme Court on April 15 (page 4, note 2): One option considered during the State Bar’s study process included the possibility of administering only the California-specific written portion of the California Bar Exam in an online format, foregoing the MBE. However, following a discussion with the State Bar’s psychometrician the Bar was convinced that both the written component and the MBE must be administered and graded to ensure the integrity of the examination, and that the scaled scoring is valid and reliable. (emphasis mine)

Two problems with this approach: 1) if the necessary upscaling referenced above can’t take place, then there’s no MBE exam to give in September, and 2) the psychometrician evidently has never seen the Cal Bar Attorneys’ Exam. There has been a one-day Attorneys’ Exam in California since February 1990. The Cal Bar has conducted 61 Attorneys’ Exams in California. 61. Evidently those 61 exams were psychometrically valid, properly scaled exams. Otherwise they would not have been allowed to be administered.

Bottom line: I don’t know if the Cal Bar can upscale the NCBE’s online-deployable exam. If not, I would think we keep the September 2020 Cal Bar Exam date and have a one-day Attorneys’ Exam, or we have a 2-day exam with 3 essays and a 90-minute PT on Sept. 9, and 3 essays and a 90-minute PT on Sept. 10.

What about other states that are similarly situated? Indiana, Michigan and Nevada said “no way” to the NCBE’s online-deployable exam and are conducting a one-day exam similar to the Cal Bar Attorneys’ Exam. In contrast, Washington, D.C. has chosen the October 5-6 exam with fewer essays/PT and a shorter MBE exam.

My hope: whatever decision the Cal Supreme Court chooses to make, please make that decision before July 1. You have already had two weeks since the June 10 Cal Supreme Court’s letter to think about the few permutations we have here. You know what you want to do. Don’t waste time. Decide by July 1 so we can all move forward.

We shall see what we shall see.

February 2020 Cal Bar Examination results historical analysis

The February 2020 Cal Bar Exam pass rate was 26.8% for General Bar Exam applicants and 39.1% for the Attorneys’ Exam.

According to the General Bar Exam Pass Rate Summary, the 26.8% result is the lowest pass rate in at least 69 years. The document reports back to the Fall 1951 exam, and today’s result is the lowest pass rate reported. The only other exams with a pass rate lower than 30% was February 2018 (27.3%), Spring 1986 (28.1%), Spring 1984 (29.5%), and Spring 1983 (27.7%).

For the MBE, the Cal Bar’s February 2020 Exam press release notes that “the mean scaled Multistate Bar Examination score on the February 2020 bar exam in California was 1357, down from 1370 last year. The national mean score was 1326, down from the previous year’s mean of 1328 and an all-time low.”

For the Attorneys’ Exam, the 39.1% for February 2020 appears to be the lowest pass rate for a February exam in the history of the Attorneys’ Exam. For a February exam, the only other pass rate lower than 40% was February 2008 (39.7%). There are several July exams that are lower than 40%, but again, for a February exam, this was the lowest recorded result.

Cal Bar Exam Fall 2020 update – September v. October

Hello everyone!

This comes from the Cal Bar’s COVID-19 updates page.

NOT the Admissions page or the front page of the site: http://www.calbar.ca.gov/About-Us/News/COVID-19-Updates

Examinations

The California Supreme Court on June 10 issued a letter updating its April 27 guidance regarding the fall California Bar Exam. The Court “will consider moving the exam to October 5-6, 2020 after the State Bar assesses its online administration of the First-Year Law Students’ Examination on June 23 and the feasibility of upscaling that administration to the full exam in the fall.” Given the Court’s notice, the Office of Admissions will not change any examination and corresponding deadline dates until a final determination has been made by the Court. Exam applicants are encouraged to continue studying with the September date in mind but are alerted about the possibility that these dates can change. We encourage applicants to check our website for updates. Registered applicants are advised to check the Applicant Portal for any changes and updates.

The State Bar’s May work plan for delivery of the First-Year Law Students’ Exam and options for the fall bar exam both in-person and online is here. Information about refund policies related to the July Bar Exam postponement is available here.

The Cal Supreme Court’s June 10 letter states, in relevant part:

The court is grateful to learn that the National Conference of Bar Examiners (NCBE) will offer an online-deployable version of the multiple-choice Multistate Bar Examination (MBE) on October 6, 2020. As the State Bar is aware, the administration of the MBE is an essential component to scoring the entire two-day exam. Although the court had originally postponed the July 2020 California Bar Examination to September 9-10, 2020, the court will consider moving the exam to October 5-6, 2020 after the State Bar assesses its online administration of First-Year Law Students’ Examination on June 23 and the feasibility of upscaling that administration to the full exam in the fall. As noted in the court’s prior letter, the court will continue to explore other options as circumstances develop or change. The court appreciates the State Bar’s continued efforts concerning these matters.

The letter in full is located here:

http://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/Supreme-Court-Letter-re-July-Bar-Examination.pdf

The NCBE’s June 8 announcement about the online MBE option for October 5-6 (California would only use the MBE day of this test) is:

NCBE Update

June 1, 2020, 4:00 pm (CDT)

NCBE to Provide Additional Support for Jurisdictions During COVID-19 Crisis

NCBE will provide a limited set of questions (MBE, MEE, MPT) to jurisdictions for an emergency remote testing option for local admission during the COVID-19 crisis. The materials will be offered for a remote administration on October 5–6, after all three administrations of the bar exam/Uniform Bar Exam (UBE) have occurred, and will provide jurisdictions an emergency option should administering the in-person bar exam not be possible.

This remote testing option will not constitute the full bar exam or the UBE. Scores earned on the remotely administered test will be used for local admission decisions only, and will not qualify as UBE scores. The scores will not be eligible to be transferred as UBE or MBE scores to other jurisdictions or released to candidates via NCBE Score Services.

The emergency remote option follows steps we have previously taken to support our stakeholders in light of the COVID-19 crisis. In early April, we announced we would provide materials for two additional fall administrations of the bar exam/UBE (September 9–10 and September 30–October 1) in addition to the July 28–29 exam.

Nearly all jurisdictions are planning to hold the in-person bar exam this year on one of these scheduled administrations while making provisions for social distancing and other safety measures. (For information about jurisdiction announcements, visit our July 2020 Bar Exam: Jurisdiction Information page.)

In providing the remote testing option, NCBE is responding proactively to the continuing uncertainty the upcoming months will bring, and the possibility that local or state health and safety restrictions will prohibit in-person testing.

“NCBE understands the enormous challenges facing recent law graduates during the COVID-19 pandemic, including the uncertainty over whether they will be able to sit for the bar exam, which is why we have taken additional steps to facilitate licensure in 2020,” said NCBE president and CEO Judith Gundersen.

“NCBE continues to strongly advocate that a full-length, standard, in-person administration of the bar exam/UBE is best for a number of reasons, including psychometric issues, exam security, and the testing environment of candidates, who may not have access to comparable testing conditions or equipment. We recognize, however, that these are extraordinary times. It is worth noting that many other high-stakes professional licensing exams, such as those for the medical, health care, engineering, and public accounting professions, are to the best of our knowledge still being held in person or are being postponed until they can be held in person,” Gundersen concluded.

Each jurisdiction will have flexibility in deciding which of the abbreviated test materials to use. While the materials’ subject matter coverage will follow NCBE’s subject-matter outlines for the three tests, less content will be covered in shorter testing sessions.

Jurisdictions that must use the remote testing option will have candidates using their own computers in their own testing environments and may choose from among the three technology vendors that already assist jurisdictions with in-person bar exam administration. Each jurisdiction (and its candidates) will deal directly with the jurisdiction’s chosen vendor regarding registration and administration, just as they do currently when laptops are used during the bar exam. NCBE’s role will be to make the test materials available to the vendor designated by each jurisdiction and establish the testing dates and start times for each set of materials.

Jurisdictions will be responsible for scoring the tests and interpreting candidate performance. NCBE will not equate the MBE portion or scale scores from the written portion of the test to the standardized MBE portion as we would do for the standard, full-length bar exam. Without further research, scores from an abbreviated version of the MBE administered by remote testing cannot be considered comparable to the standard, paper-based, full-length MBE administration, such comparability being an essential requirement for equating and scaling.

The link to this announcement is located here:

http://www.ncbex.org/ncbe-covid-19-updates/

February 2020 Cal Bar Examination results press release

Today the State Bar released results of the February 2020 California Bar Exam and announced that 1,128 people (26.8 percent of applicants) passed the General Bar Exam. If those who passed satisfy all other requirements for admission, they will be eligible to be licensed by the State Bar to practice law in California.

“We heartily congratulate the 1,128 applicants who passed the General Bar Exam and the 163 candidates who passed the Attorney’s Exam. We hope to welcome all of them to California’s legal profession very soon,” said Donna Hershkowitz, Interim Executive Director of the State Bar. “Meanwhile, we are moving forward on both near-term and long-term efforts that will affect the future of the bar exam. On Monday, we will submit to the California Supreme Court a work plan addressing how we intend to administer the next exam in September. For the long term, the State Bar has recently completed several studies that we hope will contribute meaningfully to informed discussion around a future direction for the California bar exam.”

At its meeting on May 14, the State Bar Board of Trustees will review the agency’s most recent bar exam studies and consider recommendations for next steps on the future of the exam. The mean scaled Multistate Bar Examination score on the February 2020 bar exam in California was 1357, down from 1370 last year. The national mean score was 1326, down from the previous year’s mean of 1328 and an all-time low.

February 2020 General Bar Exam preliminary statistics

  • Completed the exam: 4,205 applicants

  • First-time applicants: 1,192 (28.3 percent of total)

  • Pass rate for first-time applicants: 38.0 percent overall

  • Repeat applicants: 3,013 (71.6 percent of total)

  • Pass rate for repeat applicants: 22.0 percent overall

Pass rate (rounded to whole numbers) by law school type:

School Type First-Timers Repeaters

 California ABA 42% 30%

 Out-of-State ABA 45% 22%

 California Accredited (not ABA) 17% 10%

 Unaccredited: Fixed-Facility 0% 8%

 Unaccredited: Correspondence 14% 11%

 Unaccredited Distance-Learning 16%  9%

 All Others 41% 20%

 All Applicants 38% 22%

Here is general information about the structure and content of the General Bar Exam.

The one-day Attorneys’ Examination is open to those who have been admitted to the active practice of law and are in good standing for at least four years in another U.S. jurisdiction. Of the 417 attorneys who completed the Attorneys’ Examination, 163 (39.1 percent) passed.

A pass list from the exam will be published on the State Bar website on May 10, 2020. More detailed statistics about exam results will be available in four to six weeks on the State Bar website.

Successful applicants who satisfy all requirements for admission may take the Attorney’s Oath individually or participate in admissions ceremonies held by their law school or others. Due to the current COVID-19 restrictions, the State Bar’s Office of Admissions has had to cancel admissions ceremonies it typically offers throughout the state and has posted instructions for individuals to be sworn in remotely.

If they have satisfied all other requirements, applicants are eligible to practice law in California after they have taken the Attorney’s Oath and submitted their oath card to the State Bar. Approximately two weeks after forwarding the oath card to the State Bar, their names will appear on the agency’s roll of licensed attorneys accessible on the State Bar website.