California Bar Exam Update: Remote Testing and New Subject Areas Added
This week, the California Supreme Court and the Committee of Bar Examiners made significant changes to the state bar exam:
On Thursday, October 10, the California Supreme Court issued an order in response to recommendations from the Blue Ribbon Commission on the Future of the Bar Exam. The court partially adopted the commission's suggestions and rejected the proposed Portfolio Bar Examination (the alternative pathway recommendation).
Here are some key points of the Court's order:
Content Expanded: The exam will now cover 12 subject areas, adding Employment Law, Family Law, and Estate Planning, Trusts, and Probate.
Skills Assessed: The exam will assess seven skills: drafting and writing; research and investigation; issue spotting and fact gathering; counsel and advice; litigation; communication and client relationship; and negotiation and dispute resolution.
Fairness and Disparities Considered: Efforts will be made to minimize disparities in performance based on race, gender, ethnicity, and disability. The order noted: "In a further effort to minimize these disparities, and to the extent that any eventual test design may have separately scored components, consideration should be given as to whether unsuccessful applicants should be permitted to retake only those components that they failed, without having to retake the entire examination."
Reciprocity and Alternative Pathways Rejected: The court rejected proposals for reciprocity and alternative licensure pathways due to fairness concerns.
On Friday, October 11, the Committee of Bar Examiners approved, by a vote of 8-3, to permit bar takers to sit for the exam remotely or in test centers located in other states or countries—provided they take it at the same time as those in California to reduce the risk of cheating.
These announcements come on the heels of a previous significant development involving the State Bar of California and Kaplan Exam Services, LLC. On August 9, the State Bar signed an $8.25 million, five-year agreement with Kaplan to develop multiple-choice, essay, and performance test questions for the California Bar Exam.
