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State Bar of California Board of Trustees Approves Plan to Pilot Alternative Pathway to Licensure

At its November meeting, the State Bar Board of Trustees approved forwarding to the California Supreme Court a plan to pilot a Portfolio Bar Examination (PBE) as a method for assessing a candidate’s minimum competence to practice law.

"The Board sees this plan as a measured step towards creating an alternative pathway to licensure," said Brandon Stallings, Board Chair. "We believe the proposed pilot complements the Blue Ribbon Commission’s recommendation for a California-specific exam, and will give us much-needed data to inform future decisions about making permanent and/or expanding a PBE pathway." 

The proposed pilot would be offered to approximately 100 applicants who are currently provisionally licensed under the Provisional Licensure Program, currently due to sunset December 31, 2025. Participants would retain provisional licenses and complete an additional 700 to 1,000 hours of legal work under the supervision of a licensed California attorney. They would then submit work product portfolios to be evaluated by independent graders appointed by the State Bar. Those whose portfolio passes minimum requirements could achieve licensure without taking the bar exam. 

The pilot would include many of the elements recommended in the PBE proposal that circulated for public comment, as well as a standardized assessment component. The Board directed staff to work with representatives of the Committee of Bar Examiners and experts to finalize pilot PBE requirements as well as a plan to evaluate the pilot and recommend whether to continue, modify, or expand it. The State Bar has identified philanthropic funding for the pilot effort, which is estimated to cost $425,000, if the proposal is approved by the Supreme Court.

In other action at its November meeting, the Board approved: 

• Guidelines for attorney uses of artificial intelligence: The Board approved the publication of AI guidelines developed by the Committee on Professional Responsibility and Conduct and directed staff to develop and update training on the subject. The Board also directed staff to work with the Legislature and the California Supreme Court to address the policy implications of AI, including whether generative AI products should be licensed or regulated and whether uses of AI require a redefinition of the unauthorized practice of law. The Board also directed staff to explore whether California-accredited law schools should require courses on competent use of generative AI and whether changes in regulations or rules are needed related to the bar exam and generative AI. 
• Proposed changes to Testing Accommodations rules: The proposed rule changes, which have undergone several refinements after three rounds of public comment, eliminate unnecessary barriers that do not further the State Bar’s public protection mission, streamline processes, create greater transparency and consistency in admissions functions, and comply with applicable laws. Developed by the Committee of Bar Examiners, the rule changes now go to the Supreme Court for their review. 
• Several measures to circulate for public comment: The Board approved numerous proposals that will now circulate for public comment, including improvements to the Conflict of Interest Code for Designated Employees, recommended rule changes regarding the work of the Commission on Judicial Nominees Evaluation, and proposed rule changes that would transform how the State Bar supervises attorneys on probation. All public comment invitations are posted on the Public Comment webpage; members of the media and the public can sign up to receive notifications when new invitations are posted.  

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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.