California bar approves bar exam probe as angry test takers sound off

By Karen Sloan

March 6 (Reuters) - The State Bar of California on Wednesday launched an independent investigation of its February bar exam, a newly created test that was marred by widespread technical and logistical problems.

The state bar’s board of trustees approved the retention of an outside investigator following two hours of public comment from bar examinees who expressed frustration and anger over the faulty rollout of the state’s new exam.

More than 90 test takers spoke, with many asking for the board to adopt remedies, including score adjustments, a lower passing score, a waiver that would enable examinees to become licensed without taking another bar exam, and a provisional licensing program where they could work under the supervision of an experienced attorney.

Several speakers called for the resignation of State Bar Executive Director Leah Wilson and board members.

“I feel cheated and disrespected,” February bar examinee Ramon Baldonado told the board. “You have failed all of us test takers.”

Examinee Phil Movaghar said the state bar displayed “stunning incompetence” in its handling of the February bar exam. “I no longer believe this body is capable of measuring competence,” he said.

A state bar spokesperson did not immediately provide comment on Thursday but several trustees on Wednesday said they are taking examinees' concerns seriously.

"We heard you," said trustee Raymond Buenaventura. "We're asking questions."

The board did not approve any specific licensing or scoring changes during its Wednesday meeting — some changes would require the approval of the California Supreme Court — but trustees said they are taking test takers’ comments into consideration. The state bar is planning a limited re-test on March 18 and 19, and has said any of the 4,300 who took the February test and fail may retake the July exam for free.

Exams must be graded before testing experts can examine potential scoring adjustments, state bar staff told the board. Trustee Mark Toney urged the bar to hire additional graders to speed up that process.

On Tuesday, The California Supreme Court separately ordered the state bar to return to all in-person testing for the July exam, setting off a scramble to secure convention centers and other large sites throughout the state with just 16 weeks to go. The state bar is also looking for a new test vendor, after staff recommended cutting ties with Meazure Learning, which administered the February exam.

The state bar moved to a hybrid format of in-person and remote testing in February with the goal of saving money by eliminating the need to rent out convention centers and other large spaces, which it had done for decades. That transition proved difficult.

Some February test takers were unable to log into the exam at all, while many experienced delays, lax exam security, distracting proctors, and a copy-and-paste function that didn’t work, the state bar staff said in a presentation Wednesday.

Early data from Meazure Learning suggests most examinees were able to complete the bulk of the test, even if they encountered delays or glitches, state bar staff said. Among examinees, 98% had some content in all six of the written essay and performance test portions. The same percentage also completed at least 195 of the 200 multiple-choice questions, early numbers show.

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