Blue Ribbon Commission named to study future of bar exam

The state Supreme Court announced the 19 members of a Blue Ribbon Commission on the Future of the California Bar on Tuesday. The group is a joint effort between the court and the State Bar.

One of the members, Susan S. Bakhshian, clinical professor and director of bar programs at Loyola Law School, said the group has a monumental task.

“We’re a large, diverse state and we need a large, diverse profession,” Bakhshian said. “We’re not getting that done. So I think that we’re going to take a hard look at a lot of things and a lot of aspects and a lot of variables and find a better way forward.”

The debate surrounding the bar exam intensified last year. Deans and students joined together in advocating for changes, which appeared to have had some effect.

The court lowered the minimum passing score and the exam was moved online because of the pandemic. The bar also launched a provisional licensure program, allowing some people to become attorneys under supervision without passing the bar exam.

“I think this is one area where law school deans and faculty see eye to eye with their grads, and with their recent bar takers and in particular with our students that struggle with passing the exam,” Bakhshian said.

But according to the group’s charter, the issues they will explore could have a much more significant impact on how California licenses its attorneys.

The group will consider recommendations issued by the California Attorney Practice Analysis Working Group and whether to adopt a uniform bar exam to make it easier to become licensed in other states. But the group will also consider if a bar exam is necessary to determine minimum competence or if the topics and legal skills in the current exam should be updated.

The group consists of members of the California Lawyers Association, law school representatives, judges, members of various bar committees, and the National Conference of Bar Examiners.

“We appreciate the effort of the court to appoint a well-rounded commission to help shape the future of requirements for admission to the practice of law in California,” said Donna Hershkowitz, interim executive director at the bar. “We hope to meet with the commission’s leadership soon to create a work plan for the commission and identify dates for upcoming meetings.”

The group will present a final report on its findings and recommendations no later than Jan. 31, 2022.