(Image via Getty)
When California made the decision to lower its cut score going forward to a “still-higher-than-almost-every-state-but-not-as-high” 1390, most celebrated the move as an effort to both address an ongoing access to justice problem and to improve absolute diversity in a profession that had suffered from protectionist cloistering. And while there was a sideshow about how this was “racist” — it’s not — the California Supreme Court relished an opportunity to pat themselves on the back for a job well done.
Then folks started asking why the new test score didn’t apply to the February exam. If the test is as stable as its proponents claim, then a 1400 six months ago would be just as valid today. For that matter, why not go back a little further? The state maintains that passing scores are valid for five years already.
Faced with these well-reasoned arguments, the California Supreme Court decided to ignore them completely and mumble something about Montana being different. The opinion — which the court delegated to the Clerk to pass along in a letter amounted to a comic dodge from a body that had no appetite to actually engage the papers. It’s not the first time this summer that we’ve seen state courts get lazy when challenged.
But the California legislature may step into this struggle. HR 103, introduced earlier this week by State Assembly member and judiciary committee chair Mark Stone, is a resolution calling upon the state supreme court to adopt retroactivity to 2015. As a resolution, the bill wouldn’t bind the justices to take action, though a legislative outcry can exert some pressure on the institution.
Maybe we can at least get the court to write a real opinion that attempts to respond to the arguments that were raised. It would be, you know, the very least they could do.
Earlier: California Supreme Court Refuses To Apply New Cut Score Retroactively
No Dummies, It’s Not ‘Racist’ To Say Lowering The California Bar Exam Cut Score Will Improve Diversity
California Bar Exam Moves Online… And Finally Lowers Cut Score
Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.