More than 200 individuals who took the February California bar exam will see their scores shift from “fail” to “pass” after the state’s bar committee approved a new scoring adjustment. This change impacts 230 examiners and is part of California’s ongoing efforts to address the issues that arose during the problematic February test, which was marred by technical and logistical challenges. Multiple legal actions followed, including at least two from exam takers and one directed at the administering company by the state bar.
The recent change means that the overall pass rate bumped up from 56% to 63%, nearly doubling the state’s historical average of about 35%.
Interestingly, the adjustment includes giving applicants a second read on written questions, where they will receive the higher score of the two attempts instead of just the average. Those affected by this adjustment should be notified this week. Notably, this change does not need approval from the state Supreme Court, as confirmed by the bar’s statements. If a candidate is determined to have passed, they will automatically be withdrawn from the upcoming July exam.
This scoring adjustment is one part of a broader initiative aimed at remedying the effects on many applicants caused by the exam issues. Following the state Supreme Court’s earlier approval, a “substitution” scoring method is being used to assist test takers who didn’t complete a vital section of the two-day exam.
According to reports, the Judiciary Commission plans to propose to the state Supreme Court a scoring method that utilizes statistical analysis to potentially boost some scores in the performance segment of the exam. There’s also a suggestion for allowing all applicants to utilize interim laws under proper supervision, even if they withdraw prior to the exam.
The February exam marked a new hybrid approach, combining remote and in-person testing, ultimately dropping the national bar exam, which had been a long-standing practice. This was meant to save approximately $3.8 million annually, yet implementing solutions for the coming July examination is forecasted to cost close to $6 million.
Some trustees within the state bar have voiced concerns over the proposed relief efforts and the increased pass rates, highlighting their responsibility to ensure public safety from unqualified lawyers. The bar is striving to find a “fair solution” while upholding the integrity of its exams, with officials reiterating their commitment to public protection.
