The Committee of Bar Examiners of The State Bar of California March 22, 2013 State Bar of California Offices 180 Howard St. San Francisco, California
A meeting of the Committee of Bar Examiners of The State Bar of California convened in open session at 4:15 p.m., Friday, March 22, 2013, in a meeting room at the State Bar offices in San Francisco, California, Sean M. McCoy, Chair, presiding. Officers and members present were: Sean M. McCoy, Chair; James H. Aguirre, Archie “Joe” Biggers, James A. Bolton, J. Scott Bovitz, Cometria C. Cooper, Richard A. Frankel, KV Kumar, Sandra Mendoza, Joel S. Miliband, Martha Pruden-Hamiter, Steven J. Renick, Sandra L. Salazar, M.D., Lee H. Wallach and Alan S. Yochelson, Members. Absent were Vice-Chair, Larry Sheingold, and Members Jeanne C. Vanderhoff and Patricia P. White. State Bar staff members in attendance were: Gayle E. Murphy, Senior Director, Admissions, Gina Crawford, Director for Administration, George C. Leal, Director for Educational Standards, Lisa Jeong Cummins, Director for Examinations, Debra Murphy Lawson, Director for Moral Character Determinations, Greg Shin, Director for Operations and Management, Kim Wong, Administrative Specialist, and Rachel S. Grunberg, Senior Assistant General Counsel,. Also in attendance were Dean Basil G. Dezes and Dean Greg Brandes. The open session concluded at approximately 4:30 p.m., at which time the Committee went into closed session and the guests left the meeting. The meeting was adjourned at 4:45 p.m.
Designation of Committee Representatives for Admissions Ceremonies for February 2013 California Bar Examination Successful Applicants It was by common consent agreed that the following members represent the Committee at the designated Admissions Ceremonies, which will be conducted for the purpose of admitting applicants who are successful on the February 2013 California Bar Examination and who have met all other requirements for admission: Oakland Convention Center – Cometria Cooper, Sacramento – Sean McCoy and Larry Sheingold, Fresno – Sean McCoy, Los Angeles Area – J. Scott Bovitz, Orange County – KV Kumar, Riverside – Archie “Joe” Biggers, San Diego – Archie “Joe” Biggers, and Ventura – Alan Yochelson.
Reports From Committee Representatives on Task Force on Admissions Reform Re Task Force Activities It was by common consent agreed that the oral reports on the Board of Trustees Task Force on Admissions Reform activities from Richard Frankel, Patricia White and Alan Yochelson, Committee representatives on the Task Force, be received.
Oral Reports From Members Who Visited February 2013 California Bar Examination Test Centers It was by common consent agreed that oral reports received from Committee members who visited the February 2013 California Bar Examination test centers, be received.
2012 Annual Report And November And December 2012 Key Indicators It was by common consent agreed that the 2012 Committee of Bar Examiners Annual Report and the November and December 2012 Key Indicators for the Office of Admissions/Committee of Bar Examiners be received and filed.
Schedule for May 3 and 4, 2013 Committee Meeting It was by common consent agreed that the schedule for the May 3 and 4, 2013 Committee Meeting, which will be held at The State Bar of California Offices in San Francisco, California, be received and filed.
Notice From NCBE Re Mbe Testing On Civil Procedure It was by common consent agreed that the notice from the National Conference of Bar Examiners regarding its intention to start testing on civil procedure, effective with administration of the February 2015 Multistate Bar Examination, be received and filed.
Report from the Senior Director, Admissions on Board Of Trustees March 2013 Meeting It was by common consent agreed that the oral report from the Senior Director, Admissions, Gayle Murphy, on the State Bar Board of Trustees’ March 2013 meeting be received.
2012-2013 Subcommittee on Examination Goals It was by common consent agreed that the 2012 – 2013 goals for the Subcommittee on Examinations be received and filed.
MPRE Policy It was moved, seconded and duly carried that the following policy regarding the Multistate Professional Responsibility Examination (MPRE) be adopted:
Applicants may take the MPRE at any time after completing their first year of law school and after registering with the Committee of Bar Examiners, which must be done online through the Admissions’ portion of The State Bar of California’s website at dnn-admissions. There are no time limits for taking the MPRE in connection with an applicant’s qualification for admission to practice law in California, although the requirement must be satisfied before a motion is made to the Supreme Court of California certifying eligibility to practice law in California. Applicants must achieve a minimum scaled score of 86 to be considered as having passed the MPRE. Applicants must provide verification of their MPRE scores to the State Bar’s Office of Admissions through one of the following ways:
1. Within 15 years from the date of transfer, submit a request to the NCBE that the score be transferred to California, which may be in connection with taking the examination initially or later; or
2. 15 years or more from the date of transfer, provide verification from the jurisdiction in which they were admitted that they received an MPRE scaled score of 86 or better; or
3. 15 years or more from the date of transfer, provide a copy of the MPRE score they received that confirms they received a scaled score of 86 or better on the MPRE, accompanied by a statement from the applicants signed under penalty of perjury that the report accurately reflects what they received.
It was by common consent agreed that the 2012 – 2013 goals for the Subcommittee on Operations and Management be received and filed.
Amendment To The Accredited Law School Rules Re Equal Opportunity And Non-Discrimination It was moved, seconded and duly carried that the following proposed amendment to the Accredited Law School Rules regarding the equal opportunity and non-discrimination accreditation standard, which will replace the current Standard M, be adopted, subject to approval by the Board of Trustees, for immediate implementation following the Board’s approval:
Consistent with sound educational policy and these rules, a law school must operate in accordance with policies and procedures that comply with the Constitutions and all applicable laws of both the United States and the State of California so as to provide both equality of opportunity and to prohibit unlawful discrimination.
Pre-Legal Requirement and Graduate Level Coursework It was moved, seconded and duly carried that when determining whether an applicant has satisfied the pre-legal requirements for admission to practice law in California, that two years of graduate level coursework, which must be verified by a Committee-approved evaluation service, be considered as meeting the two years of college work required by California Business & Professions Code 6060(c)(1) and (2) before beginning to study law in California.
Eligibility of Japanese Patent Attorneys to Become Registered as Attorney Applicants It was moved, seconded and duly carried that staff be authorized to determine on a case-by-case basis the eligibility of Japanese patent attorneys seeking foreign attorney applicant designations as follows:
1) Applicants who were admitted as attorneys in Japan beginning in 2004 through the present and who are admitted to the Japan Federation of Bar Associations will be considered as having met the requirements and will be permitted to register as foreign attorney applicants;
2) Applicants who are admitted as patent attorneys in Japan prior to 2004 and who provide proof of their completion of legal studies prior to admission as patent attorneys through the credential evaluation process will be considered as having met the requirements and will be permitted to register as foreign attorney applicants;
3) Applicants who are admitted as patent attorneys in Japan prior to 2004 and who cannot provide proof of their completion of legal studies prior to admission as patent attorneys through the credential evaluation process will be permitted to register as foreign attorney applicants if they sign a statement under penalty of perjury that they relied on advice provided by this office that they would be able to qualify to take the California Bar Examination based solely on their status as patent attorneys admitted in Japan; and
that this delegation of authority to staff to make these eligibility decisions be limited to those decisions only as it may relate to determining the eligibility of applicants seeking to qualify to take the July 2013 California Bar Examination.
2012-2013 Subcommittee on Educational Standards Goals It was by common consent agreed that the 2012 – 2013 goals for the Subcommittee on Educational Standards be received and filed.
Retirement of Assistant Dean – The Santa Barbara and Ventura Colleges of Law It was by common consent agreed that the notice from The Santa Barbara and Ventura Colleges of Law of the retirement of Assistant Dean Mary Osborne be received and filed.
Summaries of Information From 2012 Unaccredited Law Schools’ Annual Reports It was by common consent agreed that the summaries of information from 2012 California Unaccredited Law School Annual Reports, which include tuition, enrollments, etc., be received and filed.
Approval of a Major Change – St. Francis School of Law It was moved, seconded and duly carried that the Request for Approval of a Major Change submitted by the St. Francis School of Law pursuant to Rule 4.245 of the Unaccredited Law School Rules regarding its proposed sale, affiliation and transformation to a non-profit entity of Baker College, located in Flint, Michigan, be received and filed and that the request be granted.
Periodic Inspection Report – John F. Kennedy University College of Law It was moved, seconded and duly carried that the Periodic Inspection Report of John F. Kennedy University College of Law, which visit was conducted April 19-21, 2012 by an Inspection Team that included Patricia P. White, Committee of Bar Examiners member, Myron S. Steeves, Dean, Trinity Law School and John Trunick, Educational Standards Consultant be received and filed; that the response filed by the school be received and filed; that the suggested recommendations contained in the report be adopted; that accreditation of the school be continued; and that the next periodic accreditation inspection of the law school be scheduled for the spring of 2017, unless earlier visitation is found to be necessary by the Committee.
Approval of a Major Change – Monterey College of Law It was moved, seconded and duly carried that the request submitted by Monterey College of Law (MCL) for approval of a major change pursuant to Rule 4.164 of the Accredited Law School Rules relating to the already completed relocation of its Santa Cruz branch campus to 303 Water Street, Suite 150, Santa Cruz be received and filed; that the request be granted, subject to receipt of a declaration from MCL’s dean that complies with all requirements of Guideline 8.6, in which he confirms that MCL’s students at its Santa Cruz branch campus have sufficient access to an alternative, compliant law library as required by Guideline 8.6 of the Guidelines for Accredited Law School Rules and submission of a copy of the fully-executed lease for the space now occupied by MCL’s Santa Cruz branch campus; that the declaration and lease be submitted within 10 days following receipt of notice that each is required; and that, upon staff’s confirmation that the declaration and lease appropriately conform with the Rules and Guidelines, this matter be considered as concluded.
Request for Waiver of Guideline 8.4 – Southern California Institute of Law It was moved, seconded and duly carried that the Request for Waiver of Guideline 8.4 (Library Contents) of the Guidelines for Accredited Law School Rules submitted by Southern California Institute of Law (SCIL), which contained a Declaration of Stanislaus Pulle, Dean, in support of the waiver, be received and filed; that the waiver, which will allow SCIL to rely upon the proximity and hardcopy contents of the Ventura and Santa Barbara County Law Libraries to offer its students reasonable access to a law library that is compliant with Guideline 8.4 of the Guidelines at its Ventura and Santa Barbara campuses, be granted; that the waiver will expire December 31, 2013; and that in accordance with the requirements of Rule 4.109 of the Accredited Law School Rules, this waiver is considered temporary and subject to annual review and renewal.
2012-2013 Subcommittee on Moral Character Goals It was by common consent agreed that the 2012 – 2013 goals for the Subcommittee on Moral Character be received and filed.
Having concluded all the business scheduled for consideration during the open and closed sessions of the meeting, the meeting was adjourned at 4:30 p.m., Friday, March 22, 2013.