Relative to the California Bar Examination.
The resolution highlights that the existing passing score has historically limited diversity within the legal profession and has hampered access to justice by creating barriers for low- and middle-income residents. This is backed by data showing significant disparities in passing rates among applicants of different racial backgrounds. The introduction of a lower passing score aims to rectify these disparities, promoting greater inclusion and representation among attorneys in California, which is essential for providing adequate legal services to underserved communities.
House Resolution No. 103 (AR103) introduced by Assembly Member Mark Stone addresses the passing score of the California Bar Examination, which is currently set at 1440, one of the highest in the nation. The bill advocates for lowering this score to 1390, citing that this adjustment would still maintain a standard higher than most states. The goal is to improve accessibility to the legal profession, especially for recent law school graduates affected by barriers that disproportionately impact people of color and low- to middle-income Californians seeking legal representation.
A key point of contention surrounding AR103 is the California Supreme Court's decision not to make the lower passing score retroactive. This decision has left many law school graduates who scored between 1390 and 1440 feeling unjustly treated, as they believe their qualifications have not been recognized in light of the pandemic's unusual circumstances. Critics of the high passing score argue that it does not correlate with competency in legal practice, thus advocating for a more equitable standard that better reflects the current needs and demographics of California's legal landscape.