The Testing Column - Jurisdiction Approaches to Bar Exam Grading, Scoring, and Standards

Sep 21, 2026

The Testing Column by Susan M. Case, Ph.D. examines how U.S. bar-admission jurisdictions converge on best-practice approaches to high-stakes grading. It analyzes recommendations about using the MBE, scaling written-component scores to the MBE, weighting the MBE (at least 50%), and handling reliability and validity through rigorous test-development and psychometric procedures. It also compares bar exam and MPRE passing standards on recalculated MBE scales, highlighting broad variation across jurisdictions.

LanguageEnglish

CategoryExam

FormatPDF

Pages3

Reading Time8 min

AccessFree to download

Jurisdiction Convergence and Best Practices

Use of the MBE

Scaling Written Component Scores

Weighting the MBE

Bar Exam Passing Standards

MPRE Passing Standard

The TesTing Column commoN goalS with iNcReaSiNgly SimilaR outcomeS: JuRiSdictioN aPPRoacheS to BaR exam gRadiNg, ScoRiNg, aNd StaNdaRdS by Susan M. Case, Ph.D. E very year, I look forward to receiving the annual edition of the Comprehensive Guide to Bar Admission Requirements (the “Comp Guide”) in order to pore over my favorite table, the one on Grading and Scoring (Chart 9 in the 2011 edition) . Over the past several years, there has been a notable movement toward convergence among the jurisdictions. It is particularly notable that the movement has been consistently in the direction of best practices, as outlined below. Use of the MBE: Washington will begin using the MBE as part of its adoption of the UBE in July 2013, leaving only Louisiana and Puerto Rico as non-users. We strongly recommend the use of the MBE because of its psychometric properties. The MBE is a high-quality, standardized examination. Test questions are developed using best practices for test development in highstakes situations, including review by content experts, review by external reviewers, pretesting by examinees, professional editing, and professional proofreading. MBE scores are equated so that scores are based solely on the performance of the individual and are not affected by the varying difficulty of the exam or by the varying abilities of examinee groups from one test administration to the next. The reliability of the scores meets the standards of the testing industry. Of course, it is possible to develop a bar examination without using the MBE. However, any jurisdiction that is not using the MBE should ensure that its examinations are of sufficiently high quality to meet pro fessional testing standards. Best practices require that high-stakes decisions such as those for bar admission be based on scores with reliability and validity such as those demonstrated on the MBE. There is an obligation to use rigorous test development procedures as well as psychometric analyses to investigate the levels of reliability and validity associated with any scores used in bar admissions. Scaling of the written component to the MBE: All jurisdictions that use the MBE also scale their written component scores to the MBE with the exception of Kentucky, Oklahoma, South Carolina, Wyoming, Palau, and the Virgin Islands. (The Northern Mariana Islands has indicated that it will begin scaling this year.) We strongly recommend that written component scores be scaled to the MBE. Scaling helps to ensure that the written scores are The Testing Column 53 not unfairly affected by question difficulty and by examinee group ability that varies from one administration to the next. Any jurisdiction that is not scaling its written component scores to the MBE should have procedures in place to ensure the consistent meaning of scores over time. I believe that the only appropriate method is to scale the essays to some standardized exam with equated scores. Weighting of the MBE: Figure 1 shows the distribution of weights used by the jurisdictions; 33 jurisdictions weight the MBE 50% . We recommend that the MBE be weighted at least 50% . This recommendation is based on our research. Weighting the MBE at least 50% will generate a total score with sufficient reliability to meet testing standards. Jurisdictions that do not weight the MBE at least 50% should perform the psychometric analyses to ensure that the scores on which decisions are made are sufficiently reliable to meet professional testing standards. For jurisdictions that scale the written component to the MBE, combine the scores, and make a pass/fail decision on the total score, it is this total score that must meet the reliability standard. For jurisdictions that have separate hurdles (e.g., require a particular passing score on the MBE and a separate passing score on the written portion), each of the scores must meet the reliability standard. Bar Exam Passing Standard: Figure 2 shows the

FAQs

Why does the article strongly recommend using the MBE?

It recommends the MBE because it is a high-quality standardized exam built using best practices, with equated scores that support reliability and consistent meaning across administrations.

What is the recommended approach to scaling the written component scores?

For most jurisdictions using the MBE, written component scores should be scaled to the MBE. Jurisdictions that do not scale should ensure scores have consistent meaning over time using appropriate procedures.

How should jurisdictions combine or handle scores when weighting or hurdles are used?

If jurisdictions scale and combine written and MBE scores, the total score must meet reliability standards. If there are separate hurdles, each score (MBE and written) must independently meet the reliability standard.

Sep 21, 2026

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