Washington Lawyer - May/June 2024 - 35

H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H
SPECIAL SECTION
What are some examples of significant changes introduced with
the revisions?
One illustrative example is the creation of the position I'm holding right
now - treasurer-elect. It was something that we developed because of
its specialized nature. We thought it was important that a person have a
year to learn the Bar's budgetary process before they moved into the
treasurer position. After that two-year period, that individual would remain
on the Board of Governors for one additional year.
Another example involves the Bar's CEO. We wanted to ensure that the
CEO had discretion in a number of circumstances to attend to administrative
issues that didn't need to rise to the level of the Board of Governors.
This wasn't clear in the existing documents.
The D.C. Bar thanks the 2022-2023 Governance Committee
for its dedication and commitment to updating the Rules Governing
the District of Columbia Bar.
CHAIR
Mark A. Salzberg
Squire Patton Boggs
MEMBERS
Marina S. Barannik
Tucker PLLC
Christopher A. Glaser
Jackson & Campbell, P.C.
Megan K. Hall
Eversheds Sutherland (US) LLP
Barbara M. R. Marvin
Beveridge & Diamond PC
The revised Rules are available in full at http://bit.ly/3vIoSox.
NEXTGEN BAR EXAM continued from page 32
ing the integrity and quality to measure students going into the legal
profession. "
Catholic University law graduate Giavanna White, who sat for the D.C. bar
exam in July and currently serves as a judicial law clerk for the Superior
Court of the District of Columbia, says " the performance tasks [on the bar
exam] reflect my work as a law clerk [and] attempted to test those skills
in an efficient way. "
However, White says, she did not think that the essays and multiplechoice
questions are reflective of important skills. " After completing the
multiple-choice questions, I felt extremely fatigued, and overall, it is not
reflective of my current role as a law clerk, " says White.
LEVELING THE PLAYING FIELD
Bar exam critics, who have long pointed to bias in testing, grew louder
when ABA data showed that gaps in bar passage rates between white
and nonwhite law graduates widened in 2022 for the second year in a
row. One reason cited is that applicants must spend thousands of dollars
for bar prep courses requiring months of their time - a factor that disproportionately
impacts disadvantaged test takers.
Another concern NCBE seeks to address is bias. Danette McKinley, director
of diversity, fairness, and inclusion research at NCBE, says, " NCBE is
Who were some of the people whose involvement was instrumental
to the success of the project?
The Bar staff, led by [D.C. Bar general counsel] Erum Mirza, were really invaluable.
They were great. This was a very involved project, and the committee
relied on Bar staff to help with our analysis of these documents
section by section. As the project went on, Erum and her staff would
take our changes and review them. Often there was a question the committee
had at the end of a meeting, and staff would provide the responses
we needed to move forward.
[Former] Bar presidents Geoff Klineberg, Chad Sarchio, and Ellen Jakovic
were heavily involved, as was CEO Bob Spagnoletti. Once again, Nancy
Sylvester provided great assistance. And, of course, the committee members.
This was a big commitment in terms of time, so the committee
members, who are all practicing attorneys, were required to spend a
great deal of time looking at the documents in advance of our meetings.
The only way to make this project effective was to actually do the homework
and attend the meetings.
What do the revisions mean for attorneys, the courts, and others?
For attorneys and for the courts, there is ease of reference now. We now
have three governing documents that are internally consistent with topics
addressed in the appropriate document.
I also think that the project demonstrates how well the Board of Governors,
Bar committees, Bar staff, and the courts work together. These interactions
can result in significant change.
Reach D.C. Bar staff writer Jeremy Conrad at jconrad@dcbar.org.
working to ensure that questions are designed to address factors such as
race and accommodations that impact students. " McKinley assures that
NCBE's process for writing and constructing the new exam " will level the
playing field " for all test takers.
Measurement bias occurs when scores on a test or a particular question
are systematically lower or higher for some definable examinee group -
whether identified by race, socioeconomic background, disability status,
or other protected trait - due to factors unrelated to the knowledge
and skills being evaluated.
" It's really important to recruit recent graduates [for field testing] who
look more like [the] people who sit for the actual bar, " McKinley says. At
the AALS meeting, NCBE reviewed the findings of its pilot testing, which
showed minor variations along racial and socioeconomic lines. However,
performance differences on the sample questions were not significant
enough to impact overall scores.
Phase two of field testing the NextGen Bar Exam occurred in January
2024. One goal was to test the software on providing accommodations
and determine if any additional work is necessary to ensure that the test
successfully accommodates a wide variety of needs.
Tynekia Garrett, a student at Catholic University of America Columbus School
of Law, is a D.C. Bar writer in residence for 2023 to 2024.
MAY/JUNE 2024 * WASHINGTON LAWYER 35
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