Saturday, October 21, 2017

California Bar Exam Held Hostage

As you will recall, a common thread lately is bar examiners unreasonably rejecting qualified lawyers, much as armies everywhere reject 6'1"/180 workout freaks because they had a pulled muscle or a sinus infection that cost them 300 points on an entrance exam.

It's baffling.  We have a known justice gap.  People are going unrepresented.  Doesn't repeating this resonate?  Default judgments are a norm and government offices are burdened with lots of paper that extra lawyers should shuffle with aplomb.  It's beyond debate that the solution to our national crisis is turning as many 22-year-old waifs into 25-year-old card-carrying bar journal cover photos.

I've been on a multi-year crusade to get my readers to understand the importance of letting any shit with a briecase defend a murderer.  You'd think our cloistered elites would at least grasp the concept before the proletariat.  You really would.

And yet even the California Supreme Court doesn't even get it.
In view of the rising costs of legal education and the financial hardship potentially resulting from non-admission to the California bar, the court determined last February to assess whether the current pass score (cut score) of 1440 for the California bar exam is appropriate for evaluating the minimum competence necessary for entering attorneys to practice law in this state.
...
On September 13, the court received the State Bar’s “Final Report on the 2017 California Bar Exam Standard Setting Study.” ...  Opinions of the study were mixed:  two independent psychometricians identified flaws in the study but ultimately found its process and conclusions sound, while a number of legal educators and others concluded the flaws of the study were so significant as to render it unreliable.
...
[T]he court is not persuaded that the relevant information and data developed at this time weigh in favor of departing from the longstanding pass score of 1440.
If you are not going to listen to your amici curae law professors, the very people whose views have assisted in writing voluminous, perfectly cited briefs skimmed thoughtlessly by your clerks for decades, who are you going to listen to?

Plainly, the California Bar Examination is being held hostage by a body that doesn't understand the nuances of disregarding scientific methods and turning the regulatory state over to limousine capitalists.  Someone should commission another study.

Shit, I'll give you your conclusion right here:  free the bar examination.  Let the people who know the industry best administer the examination and determine where an appropriate cut-off for passing scores is.  Legal educators have their manicured hands on the pulse of the legal community.  While the Supreme Court is listening to oral arguments on high, most law professors are working 25 hour weeks delivering oral arguments to students in lecture halls and receiving them during office hours.

Law professors, deans, and other concerned parties should be "setting the bar."  It's the passion that they devoted their lives to the day they realized the BigLaw partnership wasn't happening.  They shouldn't have their life's work ruined because some political homeboys want to rubber-stamp a number pulled out of someone's ass when Ronald Reagan was President.

4 comments:

  1. I think people should be able to just self-certify that they passed the 'zam.

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  2. Why not just waive those who graduated from ABA-accredited diploma mills in California in to the bar? Maybe make them turn in a 30 page coloring book as well.

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  3. See D.C. Superior Court judge declares mistrial over attorney's competence in murder case.

    Later during his statement, Rakofsky informed the jury that the case was his first trial. The revelation shocked Jackson, the judge revealed at Friday's hearing. "I was astonished someone would represent someone in a murder case who has never tried a case before," the judge said.

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    Replies
    1. Ah, yes, the Wunderkind from Touro. He didn't even understand rudimentary aspects of procedure or admissibility, yet he felt ever so assured of his ability to conduct the defense against a charge of murder in the first degree. After all, he graduated from Touro.

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