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A California district court recently affirmed the California Committee of Bar Examiners' decision to require the state’s accredited law schools to post their bar pass information on their website.
The Committee of Bar Examiners in California requires California-accredited law schools to post bar passage information on their websites or publish a link to statistics maintained on the State Bar’s website. A rule requiring schools to have a separate accreditation page on their websites was approved earlier this year, along with a new requirement for the schools to maintain a cumulative bar pass rate of at least 40 percent.
The Southern California Institute of Law challenged the rule on First Amendment grounds, arguing that the performance of an institution’s graduates on the bar exam is not necessarily indicative of the quality of a law school education.
U.S. District Court Judge James V. Selna dismissed the lawsuit by the Southern California Institute of Law last month. Judge Selna’s ruling said that since the law school chose to obtain accreditation, it may also be subject to certain rules. The court held that the information is factual and uncontroversial and prospective students are free to draw their own conclusions about its relevance. The State Bar can require California-accredited law schools to disclose information about bar exam pass rates of their graduates.
“The decision vindicates the bar’s regulatory authority over these schools,” said Sean McCoy, chairman of the Committee of Bar Examiners. “It’s our responsibility to use that authority in a way that protects the integrity of the profession and protects the public.”
Firstly, shouldn’t every state require that their law schools post this information? Secondly, how can a state allow the cumulative bar pass rate to be at least 40%? How can a school keep accreditation when 60% of their students fail the bar exam? I was especially amused by the argument made by the Institute that bar passage is not indicative of the quality of the law school. If bar passage results are not indicative of quality, then what is the standard? I'd like to know. Issues to ponder over as we wait for more bar exam results.
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