The State Bar of California is contemplating a new admissions pathway that would allow law graduates to become licensed without taking the bar exam.

The State Bar’s Board of Trustees on Thursday unanimously voted to gather public comments on a proposed new program in which law graduates would receive provisional licenses and work under the supervision of an experienced attorney for four to six months while being paid. During that time, candidates would compile a portfolio of work that would be graded by the state bar. Those who earn a passing grade on their portfolios would become fully licensed in California without taking the bar exam.

“Candidates who choose this licensing path will avoid the heavy expense of preparing for the traditional bar exam—a burden that falls disproportionately on historically disadvantaged groups, including first-generation graduates, women, and candidates of color,” according to a report on the proposal.

Supporters told the board of trustees Thursday that the so-called Portfolio Bar Exam program would lower the cost of entering the profession for public interest attorneys, public defenders, and attorneys working in rural areas. It would also bolster the number of non-white attorneys, they said, citing research that shows Black and Hispanic examinees have lower pass rates than white bar takers in California.

The Portfolio Bar Exam is similar to California’s Provisional License program, which ran from 2020 to 2022 and enabled certain law graduates to practice under supervision while skipping or delaying the bar exam during the height of the COVID-19 pandemic.

It’s also akin to a program in the works in neighboring Oregon, which is awaiting final adoption by the Oregon Supreme Court. That program would allow law graduates to become licensed after 675 hours of supervised work and the submission of a portfolio of legal work.

Wisconsin allows graduates of the state’s two law schools to become licensed without passing the bar. New Hampshire allows a small cohort of law students who complete a specialized curriculum to bypass the bar. But California would become the largest state with an alternative licensing program should it move forward with the Portfolio Bar Exam. The program would require the approval of the California Supreme Court. The public will have 30 days to comment on the proposal.

The Blue Ribbon Commission on the Future of the Bar Exam — a joint effort between the California Supreme Court and the state bar from 2020 until April—considered the creation of an alternative licensing pathway but was unable to reach a consensus on that option. The State Bar’s board of trustees in May directed some commission members to reconvene and develop an alternative licensing proposal.

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