California proposes lowering minimum bar exam score

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By SUDHIN THANAWALA
Associated Press

SAN FRANCISCO (AP) — The State Bar of California on Monday proposed lowering the minimum score on the most recent licensing exam for attorneys amid an alarming decline in people passing the test considered one of the toughest in the U.S.

Staff members at the state bar told The Associated Press that they planned to present the option to the agency’s Committee of Bar Examiners, starting what is expected to be a weekslong review and public comment process likely to generate intense discussion. The California Supreme Court has final say.

The proposal would lower the minimum score only for the July exam from 144 to a little over 141 — a seemingly minor reduction, but one that could significantly boost the pass rate. The committee also will consider leaving the score as it is.

The passage rate on the July bar exam fell from nearly 62 percent in 2008 to 43 percent in 2016, mirroring a national trend. Modeling forecasts suggest the lower score would have boosted California’s July 2016 pass rate by 8 percent, state bar officials said.

Some observers have blamed the problem on a dip in law school applications that has forced institutions to accept applicants who have not done as well academically.

The State Bar is studying the caliber and preparation of students in the state’s law schools. It also is looking at the content of California’s test, said Rebecca Farmer, a spokeswoman for the state bar. The passing score proposal could change in response to those studies, she said.

California had the lowest pass rate in the country by far last year, according to the National Conference of Bar Examiners. The state, however, also had among the highest passing score requirement in the country, and some law school deans say that unfairly penalizes students who would have become lawyers in other states.

More than a dozen law school deans in California urged the state Supreme Court in February to temporarily reduce the bar exam passing score to between 133 and 136 while the state bar studies the issue.

If the Committee of Bar Examiners adopts the lower score, the proposal would go out for public comment. It would also need to be approved by the bar’s board of trustees before going to the state Supreme Court.