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California Supreme Court Expands Remedies For Law Grads Victimized By Botched February Bar Exam

Paul Caron
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News Release, California Supreme Court Approves Additional Bar Exam Remedies:

California Supreme CourtThe California Supreme Court on Wednesday issued rulings on two petitions submitted by the State Bar of California concerning the administration of the February Bar Exam, granting several key requests intended to provide further relief to impacted applicants.

The court approved an expansion of the Provisional License Program to include the February applicants, but limited eligibility to first-time takers who either failed the exam or withdrew from the exam. These applicants may now practice law under a provisional license, provided they are supervised by an eligible California attorney.

The Provisional License Program was originally established in 2020 to support law school graduates whose first bar exam opportunities were disrupted and delayed due to the COVID-19 pandemic.

The court also granted the State Bar’s request to extend scoring adjustments for applicants who performed well on the November 2024 test sessions. These adjustments will be applied to the first bar exam they take during 2025 or 2026.

But the court denied without prejudice a request to explore proposals for admitting attorneys licensed in other states without requiring them to take the California Bar Exam. The court indicated that any such request must await statutory changes to Business and Professions Code section 6062, which currently mandates passage of the exam for admission.

The court also granted the State Bar’s request to modify the court’s prior order and allow imputation of performance test scores for the February exam. Due to significant technological disruptions affecting the performance test portion of the exam, the court

California Bar, Email To February Bar Takers (June 12, 2025):

[Name],
Earlier today, the California Supreme Court issued two orders approving additional remedies to address the challenges experienced during the February 2025 California Bar Examination.

SCORING ADJUSTMENTS

Imputing Performance Test Scores
The Court approved the recommendation of the Committee of Bar Examiners (CBE) to psychometrically impute Performance Test (PT) scores for all unsuccessful February 2025 test-takers. If the imputed score is higher than the original, it will be substituted in the calculation of the applicant’s total scaled score. Applicants who pass the exam as a result of this change will be notified no later than end of day Friday, June 13, and will be automatically withdrawn from the July 2025 bar exam if they are registered. Those whose overall outcome does not change after applying this remedy will receive an updated results letter the week of June 16 reflecting their revised score. 

Extending Score Adjustment for November 2024 Study Participants
The Court also adopted the joint recommendation of the Board of Trustees and the CBE to extend the time frame in which eligible participants in the November 2024 study—those who met had at least 28 correct responses—can claim the scaled score adjustment on the multiple-choice portion of the General Bar Exam. This scaled score adjustment may now be applied to whichever of the 2025 or 2026 bar exam administrations an applicant attempts first.

NON-SCORING ADJUSTMENTS

Expanding the Provisional Licensure Program (PLP) to Selected February 2025 Bar Exam Applicants
The Court also adopted amendments to Rule 9.49 of the California Rules of Court, effective September 1, 2025, expanding eligibility for the PLP to applicants who registered as first-time test takers and either withdrew from or were unsuccessful on the February 2025 bar exam. Key provisions and dates in the amended rule include the following:

  • December 31, 2025: Deadline to apply to participate in the program.
  • December 31, 2025: Deadline by which all applicants and new Provisionally Licensed Lawyers (PLLs) must receive a passing MPRE score and have an active positive moral character determination, unless the determination has been suspended pending a final review or appeal as specified. PLLs are eligible to begin participating in the program without meeting those requirements, but will be terminated December 31, 2025, if not satisfied.
  • May 31, 2026: Deadline by which all new PLLs must:
    • Complete the State Bar’s New Attorney Training Program;
    • Submit all documentation required by the State Bar; and
    • Provide documentation that they have an eligible supervisor committed to supervise the PLL through December 31, 2027.

    December 31, 2027: Sunset date for new PLLs and current PLLs under Rule 9.49. (Information about the extension of this deadline for current PLLs will be communicated to them separately.)

Additional information will be posted to the State Bar’s website as implementation progresses.

Admission on Motion and Special Admission for U.S.-Barred Attorneys
The Court denied, without prejudice, the joint recommendation from the Board and CBE for an expedited or special admission path for attorneys licensed in other U.S. jurisdictions. The Court indicated that such a proposal may be reconsidered if statutory changes are enacted in the future permitting the admission of out-of-state attorneys without passing the bar exam.

These remedies build upon earlier actions adopted by the CBE and the Board and authorized by the Supreme Court when required including: waiving bar exam fees through 2026 for those who withdrew from or were unsuccessful on the February 2025 bar exam; revising the scoring method for the February 2025 exam so that applicants who received a second read are awarded the higher score on each written response, rather than an average; imputing scores for multiple-choice questions and written responses with no content; and adopting a lower raw passing score to account for the widespread technical disruptions experienced during the exam.

For more information, please see the following:

News release Order addressing PT imputation Order addressing November scoring adjustment and non-scoring adjustments, including revised Rule 9.49

We are grateful to the applicants, law schools, and members of the public who voiced concerns, shared their experiences, and continued the call for meaningful remedies. We will post updated exam statistics reflecting the impact of these changes soon.

Sincerely,
Office of Admissions State Bar of California

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About the Author

Paul Caron Avatar
Paul Caron
Paul Caron was named Duane and Kelly Roberts Dean of Pepperdine University School of Law on June 1, 2017. Dean Caron joined the Pepperdine faculty in 2013 after serving as the Dorothy and Leonard Straus Distinguished Visiting Professor of Law in the spring semesters of 2010 through 2013. He served as Associate Dean for Research and Faculty Development at Pepperdine in 2015-2017. Before coming to Pepperdine, he was Associate Dean of Faculty and Charles Hartsock Professor of Law at the University of Cincinnati College of Law.
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