News Releases

State Bar Board Discusses Bar Exam Lessons Learned, Remedies, and Moving Forward Options

At its May 22–23 meeting, the State Bar of California Board of Trustees discussed guiding principles for future decisions around the content and administration of the bar exam, ultimately approving a resolution affirming those principles and asking the Committee of Bar Examiners (CBE) to do the same.  
 
The discussion occurred in light of issues with the February 2025 administration and efforts to ensure a successful in-person exam this July. Chief of Admissions and Legislative Director Donna Hershkowitz emphasized the need for both immediate and nearer-term actions: continuing to make things right for impacted February test takers while also beginning planning for exam administrations in 2026 and beyond.  
 
The Board also considered the longer-term aim of development of a new California bar exam, as recommended by the Blue Ribbon Commission on the Future of the Bar Exam and directed by the California Supreme Court. A need for transparent and collaborative engagement with key stakeholders was emphasized throughout the Board discussion.  
 
“While we are taking every step necessary to address the issues from the February exam and ensuring that the in-person July exam goes off as planned, we are also focused on working in tandem with the Committee of Bar Examiners and other stakeholders to plan for 2026 and beyond, taking into account longstanding concerns about exam relevance, fairness, equity, and accessibility,” Board Chair Brandon Stallings said.  
 
Corrective actions for February 2025 test takers are ongoing, including regrading that has changed 13 applicants’ results from fail to pass. Moving forward, a third party will be engaged to conduct a privileged review of scoring for all unsuccessful candidates and testing accommodation concerns. Non-scoring remedies were approved by the Board at its May 9 meeting and a petition recommending adoption of these remedies was submitted to the California Supreme Court on Friday. Other scoring and non-scoring remedies that the Board requested the CBE consider will be discussed at the committee’s May 30 meeting.  
 
In other meeting actions, the Board approved: 

• Sending out to public comment proposed rule amendments developed by the Committee on Professional Responsibility and Conduct. If approved, the changes would allow disciplinary action against attorneys who make false or misleading public statements about judges or court proceedings that are not protected by the First Amendment. Prompted by the California Judges Association amid a nearly 186 percent increase in threats to judicial officers from 2019 to 2023, the amendments aim to protect judicial integrity and public trust while upholding free speech rights. In issuing the proposed amendments for public comment, the Board expands upon its previous efforts to take a stance against efforts to undermine the legal system. The State Bar recently released a statement in opposition to federal government executive orders targeting law firms based on their representation of clients and positions unpopular with the current administration, which threaten the availability of legal counsel and the rule of law.  

• Approved establishing Privacy Law as a new legal specialization—the first new specialization since 2008—and sending out for public comment certification standards for this new specialization area. Recommended by the California Board of Legal Specialization, the certification recognizes the growth and importance of privacy law in light of increasing legal challenges in data privacy, cybersecurity, and emerging technologies. Under the certification standards, a nonexam pathway would be available for qualified applicants during the first two years as the exam is developed. The State Bar also recently surveyed Legal Specialization attorneys on branding preferences and is revamping its public webpage to raise awareness of the specialization program and its 11 current specialties. 

• Approved the 2024 Justice Gap Study, which finds increasing gaps in access to legal services for Californians, including immigration, small business and legal desert service, with a shrinking attorney population focused on People Law and other critical consumer legal needs. A full State Bar news release and webpage link will be published on Tuesday, May 27, 2025. 

At her final in-person Board meeting, Board members praised Executive Director Leah Wilson for her transformative leadership overseeing a decade of reform and renewal at the State Bar of California, including implementing enhanced internal conflict-of-interest requirements and a new whistleblower program; a focus on outcomes and impact—such as attorney discipline recidivism reduction, improved public protection outcomes tied to the Client Trust Account Protection Program, enhanced attorney education to avoid contact with the discipline system, significant improvements in addressing racial disparities in the State Bar’s discipline system, and efforts to support a California attorney population that more closely reflect the state’s diverse population.      
 
“While the February exam revealed serious shortcomings, the State Bar is much more than one failed administration of the bar exam,” Wilson said. “We are a vibrant, dynamic organization that fulfills its public protection mission in countless ways and in a manner that is values driven and result focused.” 
 
Quoting author James Baldwin, Wilson said: “Those who say it can’t be done are usually interrupted by those who are doing it.” She thanked all the “interrupters” who made the past decade of progress possible. Wilson’s last day as Executive Director is July 7, 2025.