California State Bar Explores Provisional Licenses for February Bar Exam Candidates
March 17, 2025, 2:32 pm CDT
The State Bar of California is deliberating on provisional licenses for bar exam candidates. (Image from Shutterstock)
The State Bar of California is considering the introduction of provisional licenses for candidates who either failed or withdrew from the recent February bar exam. This recommendation came during the Committee of Bar Examiners’ meeting held on March 14. The committee advocates for the extension of a prelicensing program that has been in place since the COVID-19 pandemic, permitting law graduates to practice law under the supervision of licensed attorneys until they successfully pass a bar exam.
This initiative would target all candidates from the February 2025 administration of the bar exam, particularly addressing the concerns of those who participated in the problematic test, as well as individuals who opted to withdraw before it was administered. Of the 5,600 candidates registered, approximately 1,300 withdrew from taking the exam.
Committee member Ashley Silva-Guzman highlighted the impact of withdrawal decisions, stating, “They made a decision, and I don’t think that they should be excluded from any remedies.”
The February exam this year saw its methodology criticized; unlike the standard Uniform Bar Examination (UBE), it utilized a new hybrid test written by Kaplan Exam Services and managed by Meazure Learning. The decision to introduce a new exam format was financially motivated, aimed at resolving a projected $3.8 million budget deficit for the state bar.
Concerns from candidates regarding the exam were considerable. Issues included technical difficulties, inconsistent start times, and questioning formats. Many candidates reported feeling frustrated due to allegations of cheating and inadequate proctoring during the exam. Historically, the California bar exams have a lower pass rate, with only 33.9% passing in February 2024, according to a state bar announcement.
Silva-Guzman noted that the provisional licensure approach could effectively identify candidates’ competencies, stating, “The provisional licensure program has been good in determining and finding that out just as well as the bar and probably even more accurately.” Positive feedback from past participants in the 2020 provisional program supports this assertion, with many lauding the mentorship provided by supervisors.
Seventeen deans from ABA-accredited California law schools have also expressed support for the provisional licensure program in a letter addressed to Chief Justice Patricia Guerrero of the California Supreme Court, offering assistance through their alumni networks for mentorship opportunities.
Next Steps for the Proposal
The proposal for provisional licenses must receive approval from the state bar’s board of trustees before being forwarded to the California Supreme Court. There was a lengthy public comment period during the committee meeting where law professors voiced their concerns over the exam’s content validity and questioned why their suggestions for vetting exam questions were dismissed.
In addition, Chad Buckendahl, a testing expert, reviewed the multiple-choice questions from the exam, affirming they met the necessary statistical validity criteria. However, he identified a number of questions that needed further evaluation, with some labeled as either “too easy” or “too difficult.”
Ongoing Developments
While the committee did not reach any conclusions regarding the content of the upcoming July exam, discussions included other implications for bar candidates, such as adjustments to passing scores or additional credit for candidates, all of which would require the Supreme Court’s endorsement.
Furthermore, as a form of remediation, a retake opportunity has been scheduled for March 18 and 19, although it will be limited to around 80 candidates out of the 4,000 who completed the February exam.
California accounts for the second-highest volume of bar exam candidates in the country, after New York, with Florida recently reporting 3,944 examinees for the February 2024 sitting.
