Saturday, February 16, 2013
From JD Journal (excerpts):
A federal lawsuit has been filed in response to a rule that requires state-accredited law schools in California to keep their bar passage rates at 40 percent or higher, according to The National Law Journal.
The new rule was adopted back in December and it applies to cumulative passage rates over a five-year period and is retroactive. If a school does not meet the 40 percent minimum this year, they will receive noncompliance notices. As of 2016, schools that are non-compliant could be placed on probation and lose their state accreditation.
“The legislature provided no policy guidelines and gave no directions for the implementation of such policies,” the complaint says. “By acting in violation of state constitutional prohibitions against judicial and quasi-judicial rule-making, defendants acted without legal authority.”