Arizona’s Lowered Bar Exam Passing Score: Is It Enough?

The Arizona Supreme Court recently made a significant decision by reducing the minimum passing score for the state bar exam to 270. The aim of this change is to provide more aspiring attorneys with the opportunity to obtain a law license. Supporters argue that this adjustment brings Arizona more in line with other states’ standards while still maintaining a competitive position nationally.

One of the criticisms of the bar exam, as highlighted by Phoenix attorney Ray Ybarra Maldonado, is that it primarily measures an individual’s ability to excel at test-taking rather than evaluating their practical skills as a lawyer. Maldonado suggests that the exam emphasizes the memorization of legal facts that may not necessarily be applicable in real-world legal practice. He argues that it does not serve as an accurate indicator of an individual’s potential to become a great attorney.

While lowering the minimum passing score can provide more people with the opportunity to pursue a legal career, Maldonado goes even further by proposing a reevaluation of how individuals should earn a license to practice law. He suggests that a better way to assess an attorney’s abilities is through mentorship and practical experience, which provide a more accurate reflection of the skills required to excel in a courtroom setting. Maldonado points to Wisconsin as an example, where they have eliminated the bar exam requirement for some candidates by accepting a law degree from a state university as a qualification for a license.

The concept of diploma privilege, as implemented in Wisconsin, recognizes the value of practical experience and legal education beyond standardized testing. By accepting a law degree from a recognized institution as a qualification for licensure, aspiring attorneys can focus on acquiring practical skills and participating in mentorship programs that provide valuable insights into the realities of legal practice.

In conclusion, while the reduction of the minimum passing score for the Arizona State Bar exam may provide more opportunities for individuals to enter the legal profession, there are valid concerns about the exam’s ability to accurately evaluate an individual’s potential as an attorney. Exploring alternative methods such as diploma privilege, which places greater emphasis on practical experience and legal education, could lead to a more comprehensive and effective assessment of an attorney’s capabilities.