(a) Administration of the exam
The Committee of Bar Examiners is responsible for administering the bar examination, including its mode of administration, proctoring, format, scope, topics, content, and grading process In carrying out these responsibilities, the committee:
(1) May utilize the services of third parties, subject to review and approval by the Board of Trustees, to prepare bar examination questions, provided that the vendor has no financial interest in other matters that might create a conflict of interest with the State Bar or with the vendor’s ability to draft fair and reliable exam questions. With the exception of examination questions provided by the National Conference of Bar Examiners, the attorney and judicial officer members of the committee, or their designated content validation panels, must review all new questions drafted for the examination before they are administered on a bar examination or released for use in any study guide;
(2) Must develop, maintain, and publish qualification standards, subject to review and approval by the Supreme Court, for the committee’s selection of panelists and subject matter experts for any content validation panels or standard setting panels designated by the committee to review new examination questions or to determine the recommended raw passing score for the bar examination;
(3) Must develop, maintain, and publish standards for assessing the ability of any third-party vendor to administer and/or proctor the bar examination in any format (in-person, online, or hybrid), subject to review and approval by the Board of Trustees;
(4) Must develop, maintain, and publish standards regarding bar examination testing accommodations, subject to review and approval by the Board of Trustees;
(5) Must oversee the grading process of the bar examination and develop, maintain, and publish standards for grading, regrading, and for any scoring adjustments redressing exam administration irregularities, subject to review and approval by the Board of Trustees;
(6) Must recommend any change to the passing score for the bar examination, subject to review and approval by the Supreme Court; and
(7) Must consult with law school stakeholders on issues relating to the doctrines tested on the bar examination, the experience of examinees, and the effective design and delivery of exams.
(Subd (a) amended effective October 1, 2025; previously amended effective January 1, 2019.)
(b) Analysis of costs and benefits of changes to the exam
Any changes to the bar examination that require substantial modification to the training or preparation required for passage of the examination or that substantially modify the method by which the examination is administered must be approved by the Supreme Court. In proposing such changes, the Committee of Bar Examiners must conduct and submit a cost-benefit analysis to assess, if relevant:
(1) The direct and indirect costs and the tangible and intangible benefits for the State Bar and examinees of existing practices compared to the proposed changes;
(2) Any other alternative, existing products or services that are feasible to accomplish the same goals and objectives as the proposed changes and at a comparable or lower cost for the State Bar and the examinees;
(3) Whether any new technological requirements or new fees to implement the proposed changes would place an undue financial burden on the examinees;
(4) The estimated number of temporary and non-temporary full-time equivalent positions necessary to implement the proposed changes;
(5) The estimated timeframe required to competently implement the proposed changes; and
(6) Whether the proposed changes have previously demonstrated their efficacy under testing conditions similar to those of the bar examination.
(Subd (b) adopted effective October 1, 2025.)
(c) Analysis of validity
The Committee of Bar Examiners, subject to the review and approval of the Board of Trustees, must conduct an analysis of the validity of the bar examination and its passing score at least once every seven years, or whenever directed by the Supreme Court. The examiners must prepare and submit a report summarizing its findings and recommendations, if any, to the Board of Trustees and the Supreme Court. Any recommendations proposing significant changes to the topics and skills tested on the bar examination, and any recommended change to the passing score, must be submitted to the Supreme Court for its review and approval.
(Subd (c) relettered and amended effective October 1, 2025; adopted as subd (b); previously amended effective January 1, 2019.)
(d) Report on examination
The Committee of Bar Examiners must provide the Supreme Court a report on each administration of the bar examination in a timely manner.
(Subd (d) relettered and amended effective October 1, 2025; adopted as subd (c).)
Rule 9.6 amended effective October 1, 2025; adopted effective January 1, 2018; previously amended effective January 1, 2019.