A meeting of the Committee of Bar Examiners of The State Bar of California convened in closed session at 11:00 a.m., Friday, June 28, 2013, in a meeting room at the State Bar offices in Los Angeles, California, Sean M. McCoy, Chair, presiding. Officers and members present were: Sean M. McCoy, Chair; Larry Sheingold, Vice-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, Jeanne C. Vanderhoff, Patricia P. White, Members. Members Lee H. Wallach and Alan S. Yochelson joined the meeting shortly thereafter. Member Sandra L. Salazar, M.D. was absent. State Bar staff members in attendance were: Gayle E. Murphy, Senior Director, Admissions, Debra Murphy Lawson, Director for Moral Character Determinations, George C. Leal, Director for Educational Standards, Lisa Jeong Cummins, Director for Examinations, Greg Shin, Director for Operations and Management, and Rachel S. Grunberg, Senior Assistant General Counsel. Beginning at approximately 12:30 p.m. until 1:00 p.m., Dean Jeffrey Kravitz was in attendance. At approximately 1:15 p.m., Jayne Kim, Chief Trial Counsel, joined the meeting. The meeting went into open session at approximately 2:00 p.m. at which time State Bar Staff Gina Crawford, Director for Administration, Dean Carole Buckner and Don DeBenedictis, joined the meeting and Jayne Kim departed. The session concluded at approximately 2:30 p.m. and at which time the Committee’s subcommittees met. The meeting was reconvened into open session at 9:30 a.m. on Saturday, June 29, 2013. All Committee members and staff in attendance on Friday were present on Saturday, except Sandra Mendoza, Patricia White and Lee Wallach. Dean Greg Brandes also was present at the meeting. The meeting went into closed session at approximately 10:00 a.m., at which time Dean Brandes left the meeting. The meeting was adjourned at 10:30 a.m. in celebration of the birth of member Sandra Salazar’s new son, Enrique Aranda Jr., who was born June 25, 2013.
It was moved, seconded and duly carried that the minutes taken during the public session of the meeting on May 3 and 4, 2013, be approved.
It was moved, seconded and duly carried, Member Steven Renick voting no, that effective at a yet to be determined date, the General Bar Examination be constructed as follows: 1) One morning session consisting of three hours during which three, one-hour essay questions would be administered, 2) One afternoon session consisting of three and one-half hours during which two, one-hour essay questions and one, 90-minute Performance Test would be administered, 3) Morning and afternoon sessions consisting of three hours each, during which 100 multiple-choice items for each session would be administered (the MBE); that during the grading process of the reconstructed examination the written and MBE portions of the examination be weighted equally; and that an implementation plan, which should include the date of the first examination during which the reconstructed examination will be administered, be prepared by staff and submitted for review by the Committee during its October 2013 meeting in preparation for submission of the proposal to the Board of Trustees.
It was by common consent agreed that the Task Force on Admissions Reform Report and Recommendations be received and filed and 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.
Reports From Committee Representatives Participating in June 2013 Admission Ceremonies It was by common consent agreed that oral reports received from Committee representatives who participated in the June 2013 admission ceremonies for February 2013 California Bar Examination successful applicants who had met all requirements for admission be received.
It was by common consent agreed that the April and May 2013 Key Indicators for the Office of Admissions/Committee of Bar Examiners be received and filed.
It was by common consent agreed that the schedule for the Aug. 23, 2013 Committee Meeting, which will be held at the State Bar of California Offices in San Francisco, California, be received and filed.
Conversation with the Chief Trial Counsel It was unanimously agreed that the Committee’s appreciation be extended to Jayne Kim, Chief Trial Counsel, for meeting with the Committee and discussing the pending moral character cases and appeals.
It was unanimously agreed that the Committee’s appreciation be extended to Gayle Murphy, Senior Director, Admissions, for her presentation on the Committee’s examination emergency procedures and protocols.
It was moved, seconded and duly carried that Inland Valley University College of Law’s response, which did not include personal testimony although a hearing was scheduled in response to the school’s request, and written documents, to the intended action of the Committee to terminate the registration of the law school be received and filed; that Inland Valley University College of Law continues to be in non-compliance with the following Unaccredited Law School Rules and Guidelines for Unaccredited Law School Rules, as set forth in the Notice of Noncompliance dated March 22, 2013: Rule 4.240(D) (Dean and Faculty); Rule 4.240(E) (Education Program); Rule 4.240(F) (Scholastic Standards); Rule 4.240(G) (Admissions); Rule 240(H) (Library); Rule 4.240(K) (Records); Rule 4.241 (Disclosure Statement) and Guideline 4.1 (Law School Administrator); Guideline 4.2 (Law School Dean); Guideline 5.2(G) (Quality of Examinations); Guideline 5.2(H) (Soundness of the Grading System); Guideline 5.22 (Disqualification of Students who Fail to Timely Pass the First Year Students Examination); Guideline 6.2 (Library Requirements): Guidelines 2.3(A), 2.3(B) (Honesty in Communications); that the law school’s registration as an unaccredited, fixed-facility and degree granting authority be terminated, effective June 30, 2013; that the school be advised that it must inform its students of this action of the Committee; that letters be sent to any of the school’s students registered as law students with the Committee confirming that this action has been taken; that the school’s name be removed from the list of registered, unaccredited law schools as maintained by the State Bar of California; and that this action of the Committee be recorded in the public portion of this meeting’s minutes.
It was moved, seconded and duly carried that the University of Northern California Lorenzo Patino School of Law’s response, which included personal testimony during two hearings and written documents, to the intended action of the Committee to terminate the registration of the law school be received; that the University of Northern California, Lorenzo Patino School of Law (LPSOL) continues to be in non-compliance with the following Unaccredited Law School Rules (Rules) and Guidelines for Unaccredited Law School Rules (Guidelines), which were set forth in the Notice of Noncompliance dated March 4, 2013 and the Notice of Noncompliance Addendum, dated May 4, 2013: Rule 4.240(B) (Integrity); Rule 4.240 (C) (Governance); Rule 4.240(F) (Scholastic Standards); Rule 4.240(H) (Library); Rule 4.240(J) (Financial Resources); Guidelines 2.3(B), 2.3(C) (Honesty in Communications with Students, Applicants); Guideline 4.1 (Law School Administrator); Guideline 5.2 (Criteria for Determining Compliance with Guideline 5.1); Guideline 6.2 (Library Requirements); and Guideline 8.1 (Financial Resources); that the law school’s registration as an unaccredited, fixed-facility and degree granting authority be terminated, effective June 30, 2013; that the school be advised that it must inform its students of this action of the Committee; that letters be sent to all of the school’s students registered as law students with the Committee confirming that this action has been taken; that the school’s name be removed from the list of registered, unaccredited law schools as maintained by the State Bar of California; and that this action of the Committee be recorded in the public portion of this meeting’s minutes.
It was by common consent agreed that tentative conference call meetings of the Subcommittee on Examinations be scheduled for noon on July 12, 2013 and July 19, 2013 to consider testing accommodation petition appeals filed in connection with administration of the July 2013 California Bar Examination.
It was moved, seconded and duly carried that the Judicial Council of California’s Access and Fairness Advisory Committee report and recommendations relative to examinations be received and filed; that no further action be taken relative to the recommendations from the Advisory Committee to the Committee concerning the incorporation of issues of gender and other types of bias into bar examination questions; and that this issue be placed on the agenda of a future Law School Council or Law School Assembly Meeting for further discussions with the deans as may be appropriate.
It was moved, seconded and duly carried that the draft Supreme Court Report on the February 2013 California Bar Examination be finalized and submitted to the Court.
It was moved, seconded and duly carried that the Analysis of the February 2013 General Bar Examination prepared by Gansk & Associates be approved for inclusion in the Report to the Supreme Court on this particular examination and otherwise authorized for publication.
It was by common consent agreed that the 2012 – 2013 goals for the Subcommittee on Examinations be received and filed.
It was moved, seconded and duly carried that personal checks no longer be accepted as a form of payment for Admissions fees and services, effective January 1, 2014.
It was by common consent agreed that the April 2013 Financial Report for the Admissions Fund be received and filed.
It was by common consent agreed that the February 2013 California Bar Examination cost analysis be received and filed.
It was by common consent agreed that the 2012 – 2013 goals for the Subcommittee on Operations and Management be received and filed.
It was moved, seconded and duly carried that the following Guidelines for Implementation of the Policy Regarding the Eligibility of Foreign-Educated Attorneys for Registration as Attorney Applicants be approved, effective the date of this meeting:
Guidelines for Implementation of the Policy Regarding Eligibility of Foreign-Educated Attorneys for Registration as Attorney Applicants 1.1 Foreign-educated attorney applicants must submit a Certificate of Admission or Certificate of Good Standing from the professional bar admissions regulation/attorney licensing authority in their jurisdiction. 1.2 The appropriate professional bar admission regulation/attorney licensing authority is determined by the Office of Admissions based on its research; however, if there is a disagreement, the applicant may petition the Committee by submitting appropriate documentation for consideration at least 6 months prior to the filing deadline for the bar examination the applicant wishes to take.
1.1 Foreign-educated attorney applicants must submit a Certificate of Admission or Certificate of Good Standing from the professional bar admissions regulation/attorney licensing authority in their jurisdiction.
1.2 The appropriate professional bar admission regulation/attorney licensing authority is determined by the Office of Admissions based on its research; however, if there is a disagreement, the applicant may petition the Committee by submitting appropriate documentation for consideration at least 6 months prior to the filing deadline for the bar examination the applicant wishes to take.
It was moved, seconded and duly carried that the notice of the appointment of Martha Gosling as Registrar of the Cal Northern School of Law be received and filed.
It was moved, seconded and duly carried that the notice of the appointment of Carole Buckner as Dean of Abraham Lincoln University School of Law be received and filed.
It was moved, seconded and duly carried that the notice of the appointment of Jay Paul Frykberg as Interim Dean of the University of West Los Angeles School of Law be received and filed.
It was moved, seconded and duly carried that the requests submitted by Empire College School of Law for approval of a Major Change, which would allow it to offer a Masters of Legal Studies degree, and the Committee’s acquiescence to award the degree be received and filed and that the requests be granted.
It was moved, seconded and duly carried that the Periodic Inspection Report of American Heritage University School of Law, which visit was conducted February 20, 2013 by an Inspection Team comprised of Education Standards Consultant Joy Strayer and Director for Educational Standards George Leal, be received and filed; that the response filed on behalf of the school by Dean Edward R. Green be received and filed; that the suggested recommendations in the report be adopted; that in recognition of the law school’s confirmation that it has already taken or is currently taking efforts to implement each of the suggested recommendations contained in the Report, registration be continued, subject to an interim inspection of the law school within 60 days of the Committee’s action to confirm that all such recommendations have been fully implemented; and that the next periodic inspection of the law school be scheduled for the spring of 2018, unless an earlier visitation is found to be necessary by the Committee.
It was by common consent agreed that the 2012 – 2013 goals for the Subcommittee on Educational Standards be received and filed.
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 10:30 a.m. in celebration of the birth of member Sandra Salazar’s new son, Enrique Aranda Jr., who was born June 25, 2013.