New data from the American Bar Association shows a large disparity in pass rates among minorities. This is not a new trend but the current numbers are worse than the previous year.
From the ABA Journal:
First-time bar pass rate for Black candidates below 58%, ABA data showsAccording to information released Tuesday by the ABA Section of Legal Education and Admissions to the Bar, Black candidates continue to have the lowest first-time test-taker pass rate, which was 57% in 2022, compared with 61% in 2021.Out of 33,721 first-time bar examinees in 2022, 2,510 candidates were Black, according to ABA data, which parses out pass rates by race, ethnicity and gender.Among other first-time test-takers:
• The pass rate for Native Americans was 60% out of 183 candidates.
• The pass rate for Hawaiians was 69% out of 45 candidates.
• The pass rate for Hispanics was 69% out of 4,201 candidates.
• The pass rate for people who were two or more races was 74% out of 1,186 candidates.
• The pass rate for Asians was 75% out of 2,199 candidates.
• The pass rate for whites was 83% out of 21,553 candidates.
Also, section data shows the 2022 first-time pass rate was 77% for women and 80% for men. For people with another gender identity, the first-time pass rate was 79%; and for those who did not disclose their gender, the pass rate was 63%.Additionally, the data examined two-year bar-passage rates. Based on 2021 graduates, those pass rates were:
• 51% for Hawaiian candidates.
• 72% for Black candidates.
• 79% for Native American candidates.
• 81% for Hispanic candidates.
• 85% for candidates who were two or more races.
• 86% for Asian candidates.
• 90% for white candidates.
This is obviously going to be used as a justification to to modify bar exams because of racial disparities.
From Reuters:
Racial disparities in bar exam scores worsened in 2022The gaps in bar pass rates between white and minority law graduates widened in 2022 for the second straight year, according to new data from the American Bar Association.The first-time pass rate for white test takers last year was 83%, while 57% of Black examinees passed on their first attempt — a difference of 26 percentage points — the ABA said Tuesday. In 2021, that gap was 24 percentage points…Bar exam critics have long pointed to racial gaps in results as evidence that the attorney licensing exam is biased against minority test takers—a charge the national conference has consistently refuted.A national conference spokesperson called the differing pass rates “troubling” on Wednesday, while noting that those disparities are not new and are the result of many factors.”We know that education was significantly disrupted by the pandemic, and that the effects of the pandemic were significantly worse for Black Americans and other historically marginalized communities, often exacerbating existing disparities,” said national conference spokesperson Valerie Hickman.
Perhaps what we really need are more strong law professors.
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