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Problems With New California Bar Exam Spark Lawsuit and Enrage Test Takers
Even under normal circumstances, the California bar exam is one final harrowing hurdle before aspiring lawyers can practice. But last week was worse than any other, as they were thrown into limbo by technical glitches, delays and what many said were bizarrely written questions on a revamped test that didn’t match anything in preparation.
The faulty rollout last week of the new licensing test, which was approved by the California Supreme Court in October and was touted by the state bar as a way to save money, has outraged test takers and the law school community at large, and prompted an investigation by California lawmakers and a lawsuit.
“You can talk to any attorney — because they have all been through the bar experience — and they will tell you how hard it is and how stressful it is to go through the bar exam,” said Erwin Chemerinsky, the dean of the University of California, Berkeley, School of Law. “To have to then take it again because of the incompetence of the bar is inexcusable,” said Mr. Chemerinsky, who had raised concerns along with other law school deans about the new exam before it was approved.
The botched exam, which is administered digitally, has left test takers in a bind that puts their career aspirations and personal finances in jeopardy. Many took weeks off work and missed time with family — and have job offers contingent on passing the February exam.
“I just kind of feel ripped off,” said Zack Defazio-Farrell, who took the exam last week. He added: “You spend a lot of money preparing. You spend a lot of time not making money. And this happens.”
Test takers reported a range of technological problems over the course of the two-day exam, which on Day 1 included five one-hour essay sessions and a 90-minute section that assesses the ability to carry out legal tasks, and on Day 2 involved 200 multiple choice questions over the course of four 90-minute sessions.
Test takers said they had encountered delays of over an hour to gain access to the exam, and some said they could not access the test at all. Others reported chronic freezing and lags, and an unresponsive copy and paste function.
Some also said the questions were written in a strange manner, were missing key facts, contained typos or simply did not make sense. And according to the state bar, there were reports that on-site proctors often did not have answers to basic questions.
The technology and proctoring of the exam was provided by the company Meazure Learning, which provided the ability to take the exam remotely, a change from previous years. The company now faces a class-action lawsuit by test takers.
Meazure Learning could not be reached for comment. On its website, the company says it has more than 30 years of experience successfully launching licensing programs. “We excel at developing fair, reliable and secure exams that you can trust,” it says.
The state bar, which said in August that the new test would save the organization up to $3.8 million annually, said that it was examining whether the company’s performance had failed to meet its contractual obligations and that a full accounting of how many people had experienced issues was still underway on Saturday.
Tom Umberg, a state senator who chairs the body’s judiciary committee, which is tasked in part with funding the state bar, said there would be an inquiry. “We are going to be doing a deep dive as to what happened and how to make sure this doesn’t happen again,” he said.
The new exam was written by Kaplan North America, a test preparation company. It replaced questions by the National Conference of Bar Examiners, which writes the exams in a majority of states. The state bar said that the questions developed by Kaplan had undergone the same reviews as previous exam questions.
Russell Schaffer, a spokesman for Kaplan, said in a statement that “the portion of the exam we wrote was subjected to a rigorous quality control process.” He added that the company was unaware of any questions it was responsible for that contained typos.
For generations, California’s bar exam was widely considered the nation’s hardest. Even elite law students often had to take it more than once to clear the high threshold for passage. Former governors Jerry Brown and Pete Wilson and former Vice President Kamala Harris are among the many famous lawmakers who failed the California bar on their first try. The threshold for passing was lowered slightly several years ago, but the test still remains exceptionally rigorous relative to exams in the rest of the United States.
Some have said the bar was aware of glitches months in advance, after an experimental exam in November contained technical issues for some. But the bar said those problems were isolated.
The state bar appeared to anticipate issues with the new exam before the rollout ahead of last week. Before the test, it offered people who withdrew from or failed the February exam a fee waiver for the next test date. Exams are administered twice a year, in February and July.
“This new exam has not rolled out the way it should have, and we, the board, apologize along with state bar leadership and staff,” the bar’s board of trustees said in a statement on Feb 21. “The continued issues with testing locations, scheduling, technical issues and communication lapses have distracted applicants from their studies and created confusion.”
Of the 5,600 people who registered for the February exam, 1,066 withdrew, the state bar said.
On Friday, the state bar said it was looking into remedies for those who took the exam and experienced technical difficulties, including conducting analyses to adjust scores. Mr. Chemerinsky has called on the bar to offer provisional licenses to test takers and revert to the old exam in the future.
For some of those who were not able to complete the exam, the bar offered a chance to retake the test this week. But that opportunity has been delayed to later this month after some test takers allegedly leaked the questions online.
But for those who don’t get a chance to retake the test this month, it means waiting until July — which provides little comfort.
Some said that may be too late to avoid devastating financial situations dependent on becoming licensed by May, when February test results are released.
“If I have to take it in July, I probably will not be living in California anymore,” said Alexandra Sennet, who said she was hundreds of thousands of dollars in debt from law school. She added that she has a job offer that is contingent on her becoming licensed in May.
Ms. Sennet said she was also in debt paying for bills associated with a spinal injury she sustained after a car accident. That injury forced her to miss last July’s bar exam and has limited her ability to work a regular job.
“I’m banking on this to pay my bills, literally,” she said, adding, “This is my livelihood.”
Mr. Defazio-Farrell said he was unsure how he was going to pay off his student loans without a lawyer’s salary.
“I’m not employed at the moment, and getting back into it is going to be difficult without a license,” he said.
For others, the thought of committing yet more time for the test presents more than financial anxiety. Becky Hoffman, 38, said she decided to pursue becoming a lawyer in part to give her three young children a better life, and sacrificed spending time with them over the past three and half years during law school.
She wrote over 45 essays and took over 1,600 multiple choice questions to prepare in the weeks leading up to the exam.
After the second day of testing ran late on Wednesday because of glitches, Ms. Hoffman stepped outside the testing site where her wife and children were waiting to take her home.
“I tried my hardest to just be brave and tell them that it’s over, and mommy is done, and I’m so happy to be able to spend more time with you,” she said. “And I don’t know if that’s true or not.”
Shawn Hubler contributed reporting.
News
Inside Trump’s Touring Exhibition of American Heroes
The museums, designed by conservative nonprofits and Trump appointees, tell the story of early America, from colonization to revolution. The one exhibition looking beyond the early years is the “Wall of American Heroes.” It is a list of 51 people, chosen to illustrate 250 years of American history.
A White House spokesman said they were “individuals who shaped this nation’s history, culture and spirit across generations.”
The people pictured on this national honor roll — and the people left out — help illustrate what this administration sees as the highlights of American history.
Amid the administration’s efforts to reshape the nation’s relationship with its past, Trump appointees heavily weighted the list toward a single era of American history — and a few specific kinds of hero.
The other exhibitions in the Freedom Trucks were crafted by a pair of conservative nonprofits, PragerU and Hillsdale College. But the “Wall of American Heroes” was created by Freedom 250, a nonprofit effort whose leaders were chosen by President Trump and that was created to lead the planning of celebrations of the nation’s 250th birthday, overshadowing a bipartisan congressional commission.
A spokeswoman for Freedom 250 said Mr. Trump was not directly involved in the selection of those featured.
But the list clearly tracks Mr. Trump’s own lifetime and the heroes of the conservative political movement.
The wall’s tilt toward heroes of the baby boomer generation, for instance, extends beyond Hollywood stars and musicians. Of the four religious leaders on the list, two — Archbishop Fulton Sheen and the Rev. Billy Graham — also appeared on TV regularly in the 1950s and 1960s. The only painter on the list is Norman Rockwell, known for his idealized depictions of American life in that period.
By contrast, there is only a handful of figures from the first decades of American independence.
“That’s a disservice, if your intention is to present the last 250 years,” said Sarah Weicksel, the executive director of the American Historical Association. “Because all of the people on this list are building on the work and struggles and progress that was made by the people in the 150 years prior.”
The “Wall of American Heroes” was inspired by a similar display in a traveling museum created by the State of Virginia. But Virginia’s display celebrates little-known historical figures.
Mr. Trump’s, by and large, celebrates people who are already well-known — and, often, people who were famous in their own time. For example, it praises P.T. Barnum, a circus impresario who used hoaxes and freak shows to draw crowds. The wall calls him an “icon of American sensationalism.”
The spokeswoman for Freedom 250 said that many of the names on the wall were drawn from a list of 250 people that Mr. Trump wants to include in a “Garden of American Heroes” in Washington.
The spokeswoman declined to say what criteria were used to narrow down the list.
The only president whose name appears on the wall — not on the list of heroes, but alongside his quotation — is Mr. Trump himself.
Explore the Wall of Heroes
Navigate the display by dragging from side to side.
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GOP Rep. Tom Kean, missing from Congress for months, set to return on June 30
Washington — Republican Rep. Tom Kean Jr. of New Jersey will return to Congress on June 30, his spokesperson said, after being away since March in an unexplained absence that has confounded Capitol Hill.
“Congressman Kean is eager to return to in person work on June 30 and resume a full schedule,” Kean’s spokesperson, Harrison Neely, told CBS News on Thursday. The New Jersey Globe first reported on his return date.
Kean’s whereabouts since he last voted on March 5 have not been disclosed. When he first made a statement about the absence in late April, the New Jersey Republican said he was addressing a “personal medical issue.”
Kean said earlier this month that he would return to Washington within a matter of weeks, at which point he would provide more details about his health.
“Right now I am focused on my recovery and under the advice of healthcare professionals, I will transition from virtual work to in person work within a matter of weeks. At that time I will be completely transparent as to the nature of my medical condition,” Kean said in a June 2 statement released by his campaign.
The statement came hours before polls closed in New Jersey’s GOP primary for his seat, in which he ran unopposed.
He has missed more than 130 votes during his absence.
House Speaker Mike Johnson told reporters earlier this month that he had recently spoken with Kean. Johnson said he was aware of the health issue, but would not disclose the details.
“What he’s dealing with is not very common and not a big thing,” Johnson said.
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Video: Obama Presidential Center Opens in Chicago
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