Committee of Bar Examiners Meeting
Notice and Agenda
Friday, October 15, 2021 - Saturday, October 16, 2021

Teleconference
The State Bar of California

October 15, 2021: 9:00 a.m.–5:00 p.m. [Open and Closed Sessions]

October 16, 2021: 9:00 a.m. [Closed Session]

Members of the public may access this meeting as follows:

Zoom Link: https://calbar.zoom.us/j/91061331437

Call-In Number: 669-900-9128
Webinar ID: 910 6133 1437

Open Session
I. Chair's Time
A. Welcome/Roll Call.
B. Call for Public Comment. (The Chair reserves the right to limit the duration of the public comment period.)
C. 2021-2022 Committee Year Subcommittee Assignments. Attachment O-100.
D. 2021-2022 Law School Council and Committee of State Bar Accredited and Registered Schools Officers and Members. Attachment O-101.
E. Orientation for Committee Members. [Special Set for 9:15 a.m. – 11:00 a.m.]
F. Approval of August 20, 2021 Committee of Bar Examiners Public Meeting Minutes. Attachment O-102.
II. Report from Director
A. Report on Key Statistical Indicators for August 2021. Attachment O-103.
B. Review Schedule for December 3-4, 2021 Committee Meeting. Attachment O-104.
C. Updates on Office of Admissions and State Bar Activities:

  1. Provisional Licensure Program (Amy C Nuñez)
  1. Blue Ribbon Commission on the Future of the Bar Exam (Esther Lin and Alex Chan)
  1. July 2021 California Bar Examination [Special Set for 11:00 a.m.] (Audrey Ching and ExamSoft Team)
  1. Differential Item Functioning (Bethany Peak)
  1. Report on Law School Assembly and Registrars’ Meeting (Natalie Leonard)
  1. Recent Developments

III. Examinations
A. Approval of Technical Report on the June 2021 First-Year Law Students’ Examination. Attachment O-200. (Dr. Michael Cao and Lisa Cummins)
B. Approval of Proposed 2021–2022 Examinations Goals. Attachment O-201. (Dr. Michael Cao)
IV. Operations and Management
A. Report on the June 2021 First-Year Law Students’ Exam Cost-Analysis. Attachment O-300. (James Efting and Tammy Campbell)
B. Approval of Proposed 2021–2022 Operations and Management Goals. Attachment O-301. (James Efting)
V. Educational Standards
A. Action on Major Change – Empire College of Law – Extend Option for Online Teaching. Attachment O-400. (Paul Kramer and Natalie Leonard)
B. Action on Major Change – Pacific Coast University School of Law – Modify JD Program from Quarters to Semesters. Attachment O-401. (Paul Kramer and Natalie Leonard)
C. Adoption of Proposed Guidelines Regarding Accredited Law School Curriculum Requirements, Out-of-State Services, Identification of Accrediting Agency in Space-constrained Situations, Recordkeeping Obligations, and Reporting Requirements for Jointly Accredited Law Schools. Attachment O-402. (Paul Kramer and Natalie Leonard)
D. Action on Recommendation for Updates to Accredited Law School Fees. Attachment O-403. (Paul Kramer and Natalie Leonard)
E. Report on Administrative Updates at Accredited and Unaccredited Law Schools. Attachment O-404. (Paul Kramer and Natalie Leonard)
F. Approval of Proposed 2021–2022 Educational Standards Goals. Attachment O-405. (Paul Kramer)
VI. Moral Character
A. Approval of Proposed 2021–2022 Moral Character Goals. Attachment O-500. (Vince Reyes)
B. Addressing Bias in Moral Character Determinations. [Special Set for 1:30 p.m.] (David Lane) WITHDRAWN
Closed Session
I. Chair's Time
A. Report from Counsel (James Chang)

Report on Pending Litigation [Closed pursuant to Gov. Code §11126(e)(1) and Government Code 11126(c)(1)]:

Bhandari v. State Bar, SF Superior Ct., Case No. CPF-20-517237

Childs v. State Bar, SF Superior Ct., Case No. CGC-21-590115

Delacruz v. State Bar, USDC Northern District, Case No. 20-16433

Flinders v. State Bar, EEOC Charge No. 550-2020-013152

Jahn v. State Bar, DFEH Case No. 202103-12845809

Johnson v. State Bar, DFEH Case No. 202006-10348405

Kohn v. State Bar, U.S. District Ct., Northern District, Case No. 20-4827

Moran v. State Bar, DFEH Case No. 202107-14091306

Tuma v. State Bar, First District Ct. of Appeals., Case No. A161037

Threatened Litigation Concerning Bar Examination Testing Accommodation Requests

Potential Litigation Concerning the July 2021 California Bar Examination


B. Review of Impact of ExamSoft Issues during July 2021 Bar Exam on Grading. [Closed pursuant to Bus. & Prof. Code sec. 6026.7(c)(3); Gov Code sec. 11126(c)(1); Gov Code sec. 11126(e)(1).]
C. Approval of August 20, 2021 Committee of Bar Examiners Closed Meeting Minutes. [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3)-(5) and Gov. Code §11126(c)(1).]
II. Examinations
A. Action on Pending Examinations Petitions. (Lisa Cummins) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).] WITHDRAWN
B. Action on Pending Testing Accommodation Appeals. (Lisa Cummins) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3), §6026.7(c)(4), and Gov. Code §11126(c)(1).]
III. Operations and Management
A. Report on Security Incidents from the June 2021 First-Year Law Students’ Examination. (Tammy Campbell) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).]
B. Action on Pending Operations and Management Appeals. (Tammy Campbell) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(3) and Gov. Code §11126(c)(1).]
IV. Moral Character
A. Report on and Discussion of Staff Moral Character Determinations. (Tara Clark and David Lane) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
B. Action on Moral Character Cases Pending Administrative Review. (Tara Clark) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
C. Action on Office of Chief Trial Counsel Settlement Recommendation. (Tara Clark) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
D. Report on Status of Pending Moral Character State Bar Court Cases. (Tara Clark) [Closed pursuant to Bus. & Prof. Code §6026.7(c)(4).]
Adjourn


In compliance with the Americans with Disability Act, those requiring modifications or accommodations to observe and address this meeting should notify Kim Wong at 415-538-2319. Please provide notification at least 72 hours prior to the meeting to allow sufficient to make arrangements for accommodations at this meeting.

The notice and agenda are available at http://board.calbar.ca.gov/Committees.aspx