Technical Issues and Uncertainty Surround California’s New Bar Exam

The rollout of California’s new bar exam last week has sparked widespread frustration among test takers, with many experiencing technical failures, access delays, and confusing questions, the New York Times reports.

The state bar’s attempt to modernize and cut costs has now led to an investigation by lawmakers and a class-action lawsuit filed by test takers against the exam provider.

The digitally administered exam, developed by Kaplan North America and overseen by the State Bar of California, replaced the long-standing test created by the National Conference of Bar Examiners. It was intended to be a cost-saving measure, with the bar estimating $3.8 million in annual savings.

However, many test takers struggled to access the exam, citing delays of more than an hour, freezing screens, unresponsive tools, and glitches in the copy-and-paste function. Some were unable to take the exam at all. Complaints also surfaced about poorly worded questions, typos, and missing key information.

Proctors, supplied by Meazure Learning, often lacked answers to test takers’ questions, adding to the frustration. The company, which also facilitated the transition to remote testing, is now facing a class-action lawsuit over the mishandling of the exam.

For many, the experience felt like a betrayal after months of preparation and financial sacrifice.

“I just kind of feel ripped off,” said Zack Defazio-Farrell, one of the test takers. “You spend a lot of money preparing. You spend a lot of time not making money. And this happens.”

The California Supreme Court approved the new test in October, despite concerns raised by law school deans. Among them was Erwin Chemerinsky, dean of UC Berkeley’s law school, who criticized the exam’s rollout.

“To have to then take it again because of the incompetence of the bar is inexcusable,” Chemerinsky said.

He called on the bar to offer provisional licenses to those affected and return to the previous exam format.

State Senator Tom Umberg, who chairs the Senate Judiciary Committee, has called for an investigation into the failures.

“We are going to be doing a deep dive as to what happened and how to make sure this doesn’t happen again,” he said.

In response to the problems, the State Bar of California acknowledged the issues and said it was exploring ways to adjust scores for those affected. It also offered a chance for some test takers to retake the exam, but that retest has now been delayed due to alleged leaks of exam questions online.

For those unable to retake the exam this month, the next opportunity won’t come until July, causing significant financial and career-related hardships.

For many aspiring lawyers, the uncertainty surrounding their bar exam results has serious financial implications.

Alexandra Sennet, who took the exam, said she has hundreds of thousands of dollars in student debt and a job offer contingent on passing by May. A delay until July could force her to leave California due to financial constraints.

“I’m banking on this to pay my bills, literally,” she said.

Others, like Becky Hoffman, who sacrificed time with her three young children to study, worry about committing even more time and energy to an exam that may still be flawed.

“I tried my hardest to just be brave and tell them that it’s over, and mommy is done,” she said. “And I don’t know if that’s true or not.”