Chief Justice promises oversight and remedies after bar exam failures; court to review admissions oversight

Chief Justice Patricia Guerrero told a joint session that the California Supreme Court and the Legislature are continuing to address problems in the recent administration of the California bar exam and wider state bar governance.

Guerrero said the Supreme Court manages licensing and disciplinary functions for attorneys while the Legislature controls attorney licensing fees and audits the bar’s finances. She said reforms over the past three years have implemented conflict-of-interest screening, disclosure requirements for seated bar leaders and a new rule of professional conduct requiring attorneys to report serious misconduct by other attorneys.

Addressing “high profile failures” in the recent bar exam administration, Guerrero said the court will exercise its plenary authority to implement appropriate remedies to mitigate harm to examinees. She said the court plans to enhance oversight over admissions, including restoring the Committee of Bar Examinerss role by expanding its oversight of admissions budgets and bar exam administration, and to investigate whether vendors can administer online exams reliably.

Guerrero said the stakes are high for applicants and that the court will seek to ensure a rigorous process that fairly measures legal skills. She also urged support for pro bono and nonprofit legal-service providers to ensure access to civil legal services for low-income Californians.