California Supreme Court Proposes Amendments to Rules Governing the Bar Exam and Attorney Admissions

Oversight of the Bar Exam

Require the CBE to:

• Review all exam questions (Rule 9.6(a)(1)).
• Establish standards for selecting subject matter experts and validation panelists to review new exam questions (Rule 9.6(a)(2))
• Develop standards for accrediting any third-party vendor’s ability to administer or proctor the exam either in-person or online (Rule 9.6(a)(3)).

Administrative and Fiscal Authority

• Reinstate the CBE’s authority to issue subpoenas in admissions matters (Rule 9.5(b)(1)).
• Restore the CBE’s oversight of the Office of Admissions’ budget (Rule 9.5(b)(2)).
• Authorize the CBE to set all admissions-related fees, including bar exam and law school accreditation fees (Rule 9.5(b)(5)).

Governance and Appointment Procedures

• Clarify the nomination and appointment procedures for CBE members, including disqualification criteria (Rule 9.4).
• Require the CBE’s approval of the Director of the Office of Admissions (Rule 9.5(b)(3)).

Examination Reform

• Mandate a cost-benefit analysis for any proposed changes to the bar exam, including feasibility, cost-effectiveness, the required staff resources, the “estimated timeframe required to competently implement the proposed changes,” and “[w]hether the proposed changes have previously demonstrated their efficacy under testing conditions similar to those of the bar examination” (Rule 9.6(b)).

Judicial Review and Depublication

• Introduce Rule 9.16.1, consolidating procedures for the Supreme Court’s review of State Bar-related matters.
• Create Rule 9.16.2, establishing procedures for requests to depublish State Bar Court decisions.