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State Bar Concludes Investigation on July Bar Exam Technological Issues

The State Bar announced it has largely concluded data-gathering on the technological issues experienced by a limited number of examinees during the July California Bar Exam. The State Bar’s analysis concluded that the technology issues experienced nationwide and reported widely after the July exam had meaningful impacts of lost time or content on approximately 2 percent (158) of California test takers.

 “We always want an optimal exam-taking experience for all applicants,” said Donna Hershkowitz, State Bar Chief of Programs. “Although the data show that only a small percentage of applicants lost time or answer content, we are troubled by the extent of the problems identified. We recognize that any unwelcome technological disruption is cause for concern.”

The exam took place on July 27 and 28, with a small number of applicants testing over extended days. The exam was administered to 7,931 applicants, 7,742 of whom took the exam remotely.

During the first day of testing, ExamSoft began to report that across all jurisdictions, a limited number of applicants reported experiencing a “black screen” or “blue screen,” requiring them to restart their laptop to continue. ExamSoft reports that the vast majority of affected applicants nationwide were able to restart their laptops and return to the exam session without a loss of answer content or exam time. According to ExamSoft, 1 percent of applicants nationwide needed additional help to continue with their exams.

ExamSoft reports that the technological issue was because of high-memory utilization between ExamMonitor (the video proctoring arm of the software) and the main software that generates digital images.

The State Bar reviewed data provided by ExamSoft about the number of applicants impacted, the type of impact, and logs of calls to ExamSoft. The State Bar also reviewed the calls received in the Office of Admissions during the exam and information provided by applicants after the exam.

Some of the 158 affected applicants requested the opportunity to retake the exam session (the particular essay, performance test, or segment of multiple-choice questions they were taking at the time the problem arose) as a result of this technological problem. Any such requests were honored by the State Bar.

While only 2 percent of applicants appear to have lost time or content, nearly 31 percent of California test takers experienced one or more technical issues related to the software memory utilization. The vast majority were able to continue: session data show that more than 99 percent of test takers in all sessions reported either experiencing no problem at all or being able to restart from a black or blue screen without having lost time or content.

The State Bar is working with its psychometrician to determine what, if any, grading adjustments need to be made for test takers who lost time or content. The agency is also determining any needed administrative solutions for affected applicants. 

Meanwhile, registration for the next bar exam in February 2022 is scheduled to open October 1, 2021. As with other jurisdictions who rely on materials from the National Conference of Bar Examiners (NCBE), California is proceeding with plans to administer the February exam in person unless public health requirements or the California Supreme Court require otherwise. NCBE announced in June that their testing materials would be available only for in-person testing in future unless prohibited by public health authorities.

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The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.