California law deans push State Bar to adopt NextGen Uniform Bar Examination in 2028

Deans of California's leading law schools are urging the California State Bar to commit to adopting the NextGen Uniform Bar Examination in 2028--warning that it offers the easiest path to complying with an order issued last year by the California Supreme Court.

Meanwhile, the bar could be moving closer to hiring a new executive director. The firm that conducted the prior search--which led to the rehiring of now-departed executive director Leah Wilson--posted a listing for the job which closed last month.

"As deans of ABA-accredited law schools in California, we write to urge adoption of the NextGen Uniform Bar Examination in 2028," read the Aug. 5 letter sent to the bar and the high court. "We share the Supreme Court's and the Bar's commitment to ensuring that new attorneys are licensed through a fair, reliable examination that protects the public. In our view, the NextGen UBE exam offers the best pathway for complying with the Supreme Court's October 10, 2024, order."

The letter was signed by deans of the University of California law schools, including UC Berkeley School of Law Dean Erwin Chemerinsky and UC Davis School of Law Dean Jessica Wilen Berg, as well as the deans of several other schools accredited by the American Bar Association.

Lizette Oliva, a program analyst with the bar's Office of Strategic Communications & Stakeholder Engagement, confirmed the letter had been received and was included for the Board of Trustees meeting scheduled for Thursday.

That administrative order came in response to "the recommendations of the Blue-Ribbon Commission on the Future of the Bar Exam and a separate proposal offered by dissenting members of the Commission." It included the fateful words: "The court adopts the Commission's recommendation to develop a California-specific bar examination."

That California-only exam was given in February, with disastrous results. The test was plagued by technical issues that led the bar to terminate its contract with and sue the company that provided remote proctoring services. Many test takers and legal educators said there were problems with the questions themselves; some turned out to have been written with help from artificial intelligence.

But, as the deans pointed out, the court's order also set several conditions for the future exam, including the subject areas and skills to be tested. The letter said the National Conference of Bar Examiners developed the new exam through a "rigorous and transparent process." They added that 43 states have already committed to adopting it, "including large-population states like New York, Florida, Texas, Pennsylvania, and Ohio," and that the new exam was designed to accommodate a smaller section of state-specific questions.

"The February 2025 exam demonstrated the complexity of developing and administering a fair and reliable bar exam at the scale required in our state," they wrote. "Adding the assessment of skills to the bar exam is an entirely new and more challenging task. In our view, the NCBE is the only entity with the resources, expertise, and experience to successfully meet the parameters set out by the Order and to avoid a repeat of this spring's disaster."

In May, the Supreme Court ordered the bar to revert to the current nationwide test, the Multistate Bar Examination, for the bar exam held July 29 and 30. According to several sources, that exam went smoothly compared to the February exam.

Meanwhile, the California Legislature is conducting a parallel effort to push the bar away from the California-only exam. One pending bill, SB 47, would direct the California State Auditor to conduct an audit of the February examination. Another, AB 484, would require the bar to prepare a report "on whether adopting a uniform bar examination would be more efficient to administer and lower the cost of administration."

On Tuesday morning, the bar's Executive Director Search Committee will meet. After taking public comment, the members will go into a closed session. The committee is looking for a replacement for former executive director Wilson, who stepped down last month in response to the botched February exam.

Roseville-based executive search firm Bob Murray & Associates has a posting for the job on its website, though the application window closed on July 14. In 2021, it conducted a search process that led to Wilson being rehired. She had previously led the bar from 2017 to 2021.

Oliva confirmed the hiring of Murray & Associations and closing date. She said the names of applicants are confidential.