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Newsom Signs Bill Governing Changes to Administration of Bar Examination
By a MetNews Staff Writer
Gov. Gavin Newsom has signed a bill requiring the Committee of Bar Examiners to give notice before authorizing the remote administration of bar exams or making any changes in vendors assigned to draft questions, after the rollout of February’s first-ever hybrid test—which allowed examinees to choose between in-person and virtual testing—was plagued by reports of widespread technical glitches, confusing questions, and proctor problems.
February’s exam also marked the first time that the state did not use questions created by the National Conference of Bar Examiners (“NCBE”) on the multiple-choice portion of the test. After the State Bar admitted that some of the questions had been drafted by non-lawyers using artificial intelligence, the California Supreme Court issued an order requiring the return to in-person testing and the use of the NCBE questions for the July test.
On Monday, the governor signed Senate Bill 253, which amends the State Bar Act and specifies:
“The Committee of Bar Examiners shall not change the vendor or creator of the multiple choice questions except after giving 18 months’ notice of that change. This paragraph shall not apply to the vendor of multiple choice questions used for the July 2025 bar examination.
“…The Committee of Bar Examiners shall not authorize a remote administration of the bar examination except after giving two years’ notice of that change.”
The bill further requires that “[t]he Committee of Bar Examiners…provide notice if artificial intelligence is used in creating questions for the bar examination or grading of the bar examination” and mandates giving at least 120 days notice before adopting any “changes that affect the user experience with testing software” or “the medium in which testing materials are provided.”
Senate Bill 253 also addresses concerns raised over an asserted lack of cooperation between the committee and drafting the February exam, saying that the group “shall communicate and cooperate with the Law School Council and deans, or their designees, of law schools approved by the American Bar Association.”
Monday’s signing also codifies amendments to Business and Professions Code §6173, governing alternative dispute resolution firms. The changes provide that providers will be sorted into “higher levels or tiers” of certification based on demonstrating “a higher level of commitment to accountability and consumer protection based on criteria…including…additional education or training[] adopted by the State Bar.”
Previous versions of the section tied the higher certification tiers to the firm’s adoption of policies requiring that its arbitrators comply with certain ethical standards set forth by the Judicial Council and reflected in the California Rules of Court.
The bill amends the State Bar Act to specify that the Committee of Bar Examiners is not one of the agencies entitled to hold teleconferences.
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