Arizona lowering minimum bar-exam score to help increase number of lawyers

Seeking to solve the shortage of lawyers in Arizona, the group that governs who is permitted to practice law in the state soon will make it easier for some people to become a lawyer. Arizona has the second lowest number of lawyers per capita in the nation.

The Arizona Supreme Court has approved a new system that lowers the minimum bar score to conditionally admit people to the state bar, though the court has not officially announced the change. Arizona Luminaria has confirmed the changes with three separate attorneys, the State Bar of Arizona and a national attorney bar organization.

The bar exam, overseen by the Certification and Licensing Division of the Arizona Supreme Court, tests law school graduates to determine if they are fit to practice law.

Currently, a person wanting to practice in Arizona needs at least 270 points to pass the bar exam. The new rule, which has been backed by Arizona’s Administrative Office of the Courts, will allow people who score between 260–269 to practice law under supervision in the state.

Under the proposed changes, according to multiple sources, to be fully admitted to the bar, the person must successfully manage a caseload under supervision of a public law office or at a private firm working in a rural area for two years.

Pima County Public Defender Megan Page confirmed that the changes are set to take place, but said she hasn’t seen all of the details yet.

Arizona Luminaria reached out to the law schools at Arizona State University and University of Arizona. Jessica Findley, a law professor at UA, said in an email that all the law school can say at this time is: “Discussions are underway. Nothing has been finalized. More information will be forthcoming in the near future.”

According to Page, the Administrative Office of the Courts has informed various attorneys and legal officials in the state that the change is going to be implemented.

Arizona Luminaria reached out to the Administrative Office of the Courts, but they would not comment. Three different attorneys, including Dean Brault, director of the Pima County Public Defense Services Department, and Page confirmed the changes to Arizona Luminaria. The third attorney did not want to be named because they were not authorized to speak to the public.

Arizona Luminaria also reached out to the State Bar of Arizona.

“We look forward to supporting this Supreme Court initiative to help improve access to justice in Arizona,” said Joel. F. England, executive director of the State Bar of Arizona.

The change comes amid other calls for new ways of admitting people to bar associations and allowing them to work as attorneys. In recent years, both Oregon and Washington approved novel programs allowing apprenticeship as a method to licensure without taking the bar.

The National Conference of Bar Examiners, which oversees bar exams and offers character and fitness investigations for prospective attorneys, told Arizona Luminaria that the organization was not aware of any other state with a similar rule conditionally admitting people to the bar.

In an emailed statement, Judith Gundersen, the organization’s President and CEO, said that they respect “the role of each state’s admission authority to determine its own licensure standards, as well as the details of how those standards should be met.”

“Our understanding is that the proposal is still under consideration, and is specifically aimed at lawyers practicing in rural areas and those serving in public interest law,” Gundersen continued. “We support Arizona’s willingness to explore innovative options for legal licensure while maintaining its commitment to public protection.”

Concerns of public perception

Both Page and Brault have concerns with lowering the minimum score.

“There’s already this sort of idea of the ‘public pretender,’” Page said. “That our lawyers aren’t real lawyers. I think most of us have had a client at some point, say, ‘Oh, you’re a public defender because you couldn’t pass the bar.’ And you know, you have to say, ‘No, no, I’m a lawyer, just like any private attorney.’”

Page said the changes allowing people who scored lower on their bar exams to practice could feed into that perception. She underscored that, “whatever the new rule is, in Pima County, we only hire people we feel confident can effectively represent their clients.” She said their hiring practices are not going to change.

“I feel very, very strongly that my clients should have the same if not better representation than if they had $20,000 to hire an attorney,” Page said.

The Arizona Supreme Court oversees the state bar association and, as Brault explained, is in charge of approving such a change. The Supreme Court did not respond to multiple inquiries from Arizona Luminaria. Officials with the court said, “We can’t offer a response to your inquiry at this time.”

“I nor any of my division leaders had any input regarding this until the announcement came out that it was going to be happening,” Brault said. He said it “would have been nice” to have been consulted before the changes were already decided upon.

Attorney deserts

According to the American Bar Association, Arizona ranks 49th out of 50 states in the number of lawyers per 1,000 residents, indicating a shortage of lawyers. According to Brault, that is one of the reasons the Administrative Office of the Courts is trying to certify more lawyers to practice in the state.

Page said the Office of the Courts called rural areas of Arizona “attorney deserts” when it comes to legal professionals.

Between 40 and 80 people a year score in the range of 260–269, according to Brault.

Arizona would join seven other states , including neighboring states New Mexico and Utah, with the lower score threshold of 260. Currently 19 states have a minimum score of 270. Other states have minimum scores of 268, 266, and 264.

“To me it feels like we’re solving a problem that’s not really the problem, and we’re doing it on the backs of poor people,” Page said.

She said that if the problem is that Arizona needs more lawyers, they should just lower the score across the board.

“If we’re comfortable with someone practicing law, then they should just be able to practice law. And if we’re not, then they shouldn’t be able to represent indigent people or prosecute serious cases and make decisions that impact people’s lives.”

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