Bar examiners, associations oppose move to multistate exam

Most California State Bar Board of Trustees and Committee of Bar Examiners members appear opposed to adopting a multistate bar exam as a replacement to the current exam format, which must be phased out by 2028.

The survey of 22 Board of Trustees and Committee of Bar Examiners members, released ahead of a joint meeting of both committees today to discuss future exam options, indicated that most respondents favor developing a new California bar exam and using Kaplan multiple-choice questions and California-specific essays and performance tests until that exam becomes available.

Adopting a NextGen format without a California component was the lowest-ranked response.

The survey, conducted by the State Bar, was answered by 9 out of 13 Board of Trustees members and 13 out of 17 Committee of Bar Examiners members.

The State Bar was contacted for comment but had not replied by deadline.

California debuted a new Kaplan-developed, remotely administered exam in February 2025 with disastrous consequences. Exam takers were plagued by technical issues, and it was later discovered that some multiple-choice questions had been written using artificial intelligence. The State Bar subsequently defaulted to using the previous multistate bar exam format for multiple-choice questions, developed by the National Conference of Bar Examiners, following an intervention from the California Supreme Court.

The survey results come as 52 California bar associations urged the State Bar to continue developing a California-specific bar exam and reject two alternative proposals they say would undermine public protection and waste millions of dollars.

The Los Angeles County Bar Association and co-signers submitted a public comment letter supporting one of three options under consideration to replace the current bar exam -- continuing to develop a reformed California exam -- while opposing proposals to adopt either the national NextGen exam or a shortened Nevada-style exam.

The stance puts the bar associations at odds with deans of ABA-approved law schools, who last year endorsed the NextGen exam. The NextGen exam does not feature any California-specific content.

The letter also criticizes what it characterizes as a rushed decision-making process employed by the State Bar.

"There is simply no reason or benefit for California to rush this important decision," the letter states.

The State Bar is asking the Committee of Bar Examiners to choose among the three options to replace the existing exam, which relies on multiple choice questions developed by the National Conference of Bar Examiners. The NCBE is retiring the current multistate bar exam, or MBE, in February 2028, necessitating the transition to a new bar exam. Most states will transition to the NextGen format, also developed by the NCBE.

The California option would implement recommendations from a 2023 Blue Ribbon Commission and comply with a 2024 California Supreme Court order. The NextGen exam is debuting in 2026 in some states. Nevada's planned one-day exam would launch in 2027.

The bar associations raised several concerns with the NextGen and Nevada alternatives.

They argued both conflict with the California Supreme Court order mandating an exam that tests 12 subjects, including eight California-specific topics like community property, employment law and estate planning. The NextGen exam doesn't test state law and only allows a brief supplement, while Nevada's version eliminates the entire essay section, according to the letter.

Neither alternative includes remote testing, which the State Bar has said is critical to its financial health. The State Bar projected insolvency in its admissions fund by 2026 without remote testing and signed a five-year, $8.25 million contract with Kaplan to develop remotely administered multiple-choice questions.

The bar associations also questioned whether the process complies with AB 484, which requires a cost-benefit analysis and 24-month notification for significant exam changes.

"It would be financially imprudent for the State Bar to continue to pay for the contract with Kaplan, purchase an entirely new and expensive exam such as the NextGen exam, plus additional future costs in abandoning a remote exam," the letter states.

At a May Senate Judiciary hearing, State Bar leaders testified that an early exit from the Kaplan contract would cost approximately $6 million.

The 52 signatories include bar associations from across the state representing geographic regions, demographics and practice areas.