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Below is a letter written by a candidate for the Winter 2005 California bar exam, in response to the candidate being notified that his/her answer to one question was stolen and that therefore his/her score would be imputed. 
The student's name and mailing address have been deleted.

                                                            23 May 2005

 

 Mr. Tom Harmon, Vice-Chair,

California State Assembly Committee on Judiciary

 Sacramento, CA  95814

 

Mr. Harmon,

 

I write This letter AS A VICTIM OF A CRIME, to request an investigation by your Office into the following matter regarding the scoring of the California State Bar examination I took in February of this year and the ensuing cover-up of a major crime by State officials of the California Board of Law Examiners. By any standards this matter involves OBSTRUCTION OF JUSTICE by the State Bar of California. I am alerting everyone I can think of, and there is a story scheduled to run in the L.A. Daily Journal concerning this matter.

 

STATE BAR WILL NOW BLACK BALL ME BECAUSE OF MY COMPLAINT

 

I know that because of this complaint to your office the State Bar will now come after me with a vengeance. Everyone knows that the Bar will “BLACKBALL ANYONE WHO CONFRONTS THEM!” They rule Attorneys through FEAR AND INTIMIDATION! (80% OF THEIR REVENUE COMES THROUGH DISCIPLINARY ACTIONS AGAINST ATTORNEYS!)  I DON’T CARE! I AM 53 YEARS OLD AND IF THEY NEVER PASS ME IT DOESN’T MATTER BECAUSE MAYBE THIS COMPLAINT WILL HELP THE YOUNGER PEOPLE WHO NEED TO PASS THE BAR TO SUPPORT THEMSELVES AND THEIR FAMILIES!

 

As thousands of other hopeful candidates did, I paid several hundred dollars to sit for the exam and then wait four months for the results.

 

Today I received notification that I had failed the exam. However, HIDDEN inside the letter was a personal letter addressed to me from Mr. Jerome Braun, Senior Executive of the Bar, stating that sometime in the “grading process” of the exam, a portion of my exam “…was stolen from the car of a bar exam grader.” He then stated that because the portion was missing, the bar could not grade the question so they “…ESTIMATED THE SCORE THAT WOULD HAVE BEEN ASSIGNED TO MY ANSWER.” In actuality they just GUESSED, in order to COVER-UP this crime and OBSTRUCT me, the VICTIM OF THIS CRIME from ever knowing the severity and to DENY ME MY RIGHTS of restitution and a FAIR READING OF MY EXAM,  and to CONCEAL FROM THE PUBLIC the gross incompetence and inadequate security of the Committee of Bar Examiners.

 

ONLY THE STATE BAR COULD LOOK AT THE INTENTIONAL CRIME OF BURGLARY OF STATE DOCUMENTS FROM THE CAR OF A STATE AGENT AND THEN COME TO THE CONCLUSION THE ONLY SOLUTION IS TO COVER-UP THE CRIME AND PUNISH THE VICTIM!

 

OBSTRUCTION OF JUSTICE

 

I was never NOTIFIED OR ALERTED that the exam, which is MY PERSONAL INTELLECTUAL PROPERTY, was stolen. Why Not? This lack of concern is not innocent. This should have sent alarm bells ringing at the highest levels of State Government. It did not because to hide from the embarrassment, the California State Bar           

Made a CONCIOUS DECISION to remain silent and COVER-UP the crime. This Sir is OBSTRUCTION OF JUSTICE because as the State Bar knows, the INTELLECTUAL PROPERTY RIGHTS contained in an answer remain with the Bar applicant. That is why the Bar needs to have our signed consent in order to sell our answers to “A-B PRESS,” for the BAR’S own profit.

 

The bar exam consists of nine supposedly separate parts. Eight written areas, each distinct in the subject matter covered, and a 200 question multiple guess exam called the MBE. There is NO WAY TO ESTIMATE A SCORE BECAUSE THEY ARE ALL SEPARATE AND DISTINCT AREAS OF MAKE BELIEVE LAW! 

 

The facts are that the Bar KNEW MY EXAM WAS STOLEN WHEN THEY GRADED THE NON-STOLEN PORTIONS!            So, the question is, did they estimate the entire exam based on one stolen exam or estimate one exam based on the whole? If I had received a perfect score on all exam parts would I have been given a perfect score on the missing part?

 

I was a VICTIM of a CRIME! THAT WAS MY EXAM THAT WAS STOLEN, NOT THE STATE BAR’S EXAM!

 

They say the police were notified immediately. WHY WASN’T I NOTIFIED?I AM THE VICTIM, NOT THE STATE!

 

The State Bar response to my phone calls was a denial of any and all information. They refused to give me a copy of a Police report, any names, dates or other pertinent information that would allow me to receive information.

 

I demand a thorough investigation by the California and U.S. Attorney General’s office, Federal Investigation OF THE COVER-UP, and an immediate release of all names of other victims, Police Reports, names of Investigating Officers, City of Jurisdiction, dates of events and names of Graders of all parts of my exam, Professional Mathematicians and any and all names and information pertinent to this incident.

 

This is an unconscionable act and is further evidence of the disconnection of the State Bar from the needs of the constituents they serve and another example of the State Bar deciding to do evil rather than good.

 

 As you know security at the exam site is so strict that a watch with a digital face is grounds for automatic failure. We are searched, prodded, fingerprinted, have handwriting samples taken and treated as criminals, scrutinized and videotaped for three days of the exam, and then I learn THAT SECURITY AFTER THE EXAM IS OVER, is so lax that an exam grader can just haul the exams around in a car with NO SECURITY, NO ACCOUNTABILITY AND A CALLOUS DISREGARD OF THE IMPORTANCE OF THE HARD WORK THAT WAS USED TO PRODUCE THE PRODUCT CONTAINED IN THOSE EXAM ANSWERS, and have them stolen with NO EXPLANATION, NO RECOURSE AND REMAIN SILENT! WHY WASN’T I NOTIFIED TO PROVIDE SAMPLES TO THE POLICE?  Why didn’t the police call me? THAT IS CRIMINAL NEGLIGENCE!  

 

As you know there is no REAL LAW ON A BAR EXAM! Bar exams are based on made-up scenarios concocted in the imaginations of professors and other non-practicing writers. It isn’t real. It is so antitypical of anything in the real world, that there isn’t even an ANSWER FOR THE QUESTIONS!

 

VIOLATION OF FIRST AMENMENT RIGHT OF FREEDOM OF SPEECH!

 

I am guaranteed the right of FREEDOM OF SPEECH AND EXPRESSION by the California and United States Constitutions. The State Bar has violated my free speech and expression rights by NOT ALLOWING ME TO WRITE MY OWN ANSWER TO THE EXAM!

 

             MATH FORMULA CONSTITUTES LAW PREVENTING FREE SPEECH

 

The First Amendment to the Constitution of the United States DECLARES, “CONGRESS SHALL MAKE NO LAW RESTRICTING THE FREEDOM OF SPEECH!” The California State Bar’s ,”MATHMATICAL FORMULA,” is a LAW THAT SEEKS TO LIMIT MY FREEDOM OF SPEECH BY RESTRICTING MY SPEECH ON MY ANSWER TO THE BAR EXAM!

 

The bar examiners seek to SUBSTITUTE A MATHMATICAL FORMULA  for my own speech and expression as an answer to their questions, and then fail me on the VERY FORMULA THEY CONCOCTED!

 

STATE BAR EQUATES VICTIMS OF CRIME WITH DRAINAGE PROBLEMS

 

The California Bar seeks to equate VICTIMS OF A CRIME with a water drainage problem that was experienced in 2004 at a testing location. The Bar in their one page PRONOUNCEMENT contained in the results page mailed to me, stated that “…the procedures for making this ESTIMATE (GUESS!) Are in accordance with those used to IMPUTE (GUESS) scores for certain applicants during the February 2004 exam...because of FLOODING AT THE TEST SITE!”

 

THERE IS A HUGE DIFFERENCE BETWEEN BEING KEPT FROM THE EXAM BY AN ACT OF GOD THEN SOMEONE WHO IS A VICTIM OF CRIME! IS THE STATE BAR SO BLIND AS TO NOT SEE THE DIFFERENCE BETWEEN A PLUMBING PROBLEM AND AN INTENTIONAL CRIMINAL ACT WHICH INVOLVED THE ACTUAL BREAKING AND ENTERING OF A STATE AGENTS CAR, JEOPARDIZING THE AGENTS SAFETY AND THE SECURITY OF DOCUMENTS IN STATE CUSTODY?

 

PRO-RATA AND REGRESSION METHODS, BOTH GUESS WORK!

 

The State bar has CREATED two novel and entertaining theories of HOW TO CREATE A SCORE OF A LAW ESSAY OUT OF THIN AIR! 1. PRO-RATA METHOD, and 2. REGRESSION METHOD.  I have to admit, these are very impressive names, but the bottom line is, THEY ARE BOTH ONLY HIGH PRICED METHODS OF GUESSING WHAT WAS IN A HUMAN MIND AT A PARTICULAR MOMENT IN TIME!

 

1. PRO-RATA METHOD: The Pro-Rata (or PRO RAT!) Method uses AVERAGEING + 2 POINTS.  They average the other five essay scores they gave me, then, they generously give me two (2) points. WOW! That is really good. The Bar averages five essay scores that THEY GAVE ME WITH FULL KNOWLEDGE THAT MY EXAM WAS ALREADY COMPROMISED AND INCOMPLETE AND THEN THEY ADD 2 POINTS. THEN THEY AVERAGE ALL OF THE SCORES THAT THEY GAVE ME!

IT SEEMS THAT THE STATE BAR IS CERTAINLY DETERMINEDTO COME UP WITH A SCORE THAT FITS THEIR NEEDS, RATHER THAN A TRUE AND HONEST SCORE THAT REFLECTS THE TRUTH OF MY PERFORMANCE ON THE EXAM.

 

REASONS PRO-RATA IS IMPOSSISBLE TO WORK!

 

Pro-Rata CANNOT WORK because of the following reasons: a. The Bar only averaged essay exams. I also WROTE TWO PERFORMANCE TESTS THAT COUNT AS FOUR ESSAYS! OOPS! I guess someone forgot about those pesky P.T.s. Could it be because: MY PERFORMANCE TESTS WERE SCORED HIGHER THAN THE ESSAYS! HMMMMM! MAYBE? YOU THINK?

b. Why didn’t the Bar average EVERYBODY’S FIVE ESSAYS AND GIVE ME THAT SCORE PLUS 2 POINTS? OR EVEN BETTER, AVERAGE THE ESSAYS OF EVERYBODY WHO HAD THEIR EXAMS STOLEN AND GIVE ME THAT SCORE?

 

2. REGRESSION METHOD: I really love this one. It took SOMEONE(S) with a real PERVERTED TWISTED MIND TO CONCOCT THIS FANTASY TALE. This one has BIG WORDS in it like, “DEPENDENT,” AND “INDEPENDENT” AND THEY EVEN USED THE WORD “VARIABLE!” HUH? “VARIABLE?” LIKE IN VARIATION? HMMMM? CURIOUSER AND CURIOUSER! (IS THAT A WORD? LIKE VARIABLE?)

 

“THE REGRESSION METHOD WAS COMPUTED USING ALL OF THE APPLICANTS WITH A COMPLETE SET OF GENERAL BAR EXAM SCORES!”

 

AT THIS POINT ANYONE WITH A BRAIN THAT WORKS SHOULD SEE THAT THERE IS NO FAIR WAY TO USE A COMPLETE SET OF SCORES TO ATTEMPT TO COMPUTE A GRADE FOR SOMEONE WITH AN INCOMPLETE SET OF SCORES BECAUSE THERE IS AN AUTOMATIC DEFICIENCY WHICH CAN NEVER BE KNOWN OR “ESTIMATED!”

 

DEPENDENT VARIABLE: The bar states that the DEPENDENT VARIABLE in the EQUATION THAT THEY CREATED! Was the score on QUESTION SIX (6).

 

INDEPENDENT VARIABLE: The State Bar states that the Independent variable THAT THEY CREATED, were the scores on ALL OF THE OTHER PARTS OF THE GENERAL BAR EXAMINATION!  AND THEN MY EXAM SCORES ON THE OTHER PARTS WERE INSERTED INTO THIS EQUATION TO OBTAIN AN ESTIMATE OF MY SCORE OF QUESTION 6!

 

Now, let me get this straight, I don’t want to miss anything. The State Bar ACTUALLY EMPLOYED prognosticators, or professional guessers to first USE ALL OF THE APPLICANTS WITH A COMPLETE SET OF SCORES, THEN SECONDLY, AVERAGE EVERYONE’S, ALL 4,000 APPLICANT’S SCORES, ON THE WHOLE EXAM.  THEN THEY AVERAGED ALL OF THE OTHER PARTS OF THE EXAM, INCLUDING  THE 200 QUESTION MULTI-STATE MULTIPLE GUESS PORTION OF THE TEST, AND THEN AFTER THEY HAD CRESTED THIS MAGICAL SET OF NUMBERS, THEY THIRDLY,” …INSERTED MY PARTIAL SCORES INTO THIS NUMBER AND FINALY, PUFF, THEY WERE ABLE TO GUESS MY SCORE ON QUESTION 6!

 

I NOW HAVE A SCRIPT IDEA FOR A SCIENCE FICTION MOVIE.  I NOW KNOW WHERE WE CAN FIND EXCELLENT SPECIAL EFFECTS PEOPLE.

 

THEY ARE LOCATED AT 180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105!

 

NO SANE HUMAN BEING CAN MAKE THIS STUFF UP!

 

THE GOOD NEWS TO CALIFORNIA TAXPAYERS IS…”YOU GET TO PAY FOR THIS NONSENSE!”

 

THE CORRECT  METHOD TO BE USED IS THE, “DO THE RIGHT THING,” METHOD, IT’S A WHOLE LOT CHEAPER!

                                        LACK OF NOTICE

 

The State Bar’s action violates my right to NOTICE! As in all State actions, Citizens must be given fair notice. On page 16 of the application to take the exam, the Bar states, in a Declaration that all applicants must sign, “…should any individual’s test…cannot be graded, the Committee may …decide to make a pass/fail decision on the basis of the valid portion of the applicant’s test product available to the Committee.” It goes on to say that the Committee may, “…require the applicant to present himself for a ‘RETESTING,’ at a place and time designated by the Committee.

 

The only NOTICE given about possible problems contained NOTHING ABOUT INVENTING MATH FORMULAS TO REPLACE MY ANSWERS!

 

BRUTAL STATE ACTION!

 

The actions of the State Bar constitute clear and BRUTAL STATE ACTION! These actions taken by the State bar are far and beyond even the actions of the murderous INQUISITIONS OF THE SALEM WITCH TRIALS IN MASSACHUSSETTES! As if by holding someone under water and if the victim drowns she is OK, but if she floats she is a witch and is then HANGED BY THE NECK UNTIL DEAD!

 

The rules to the exam are clear. Each applicant is to answer the exam in his or her own words. In fact, if one of the hundreds of Proctors WHO LITERALLY WATCH US PEE IN A URINAL, or one of the hundreds of cameras detects someone even asking for the time, the State bar will fear that the applicant is attempting to acquire information from someone else’s words and immediately fail that innocent person. By substituting a vague and onerous mathematical calculation for my own words, the Bar denies my FIRST AMENDMENT RIGHTS OF FREE SPEECH AND EXPRESSION!

 

                        AS IF DMV TOOK DRIVING TEST FOR ME!

 

I liken the situation to the DMV. This is as if DMV says, “we took the driving test for you, in our car, using our driver, on our private streets, and we don’t like the way WE MADE THAT LEFT TURN, SO WE ARE GOING TO FAIL YOU!”

 

The State Bar made up a test, then made-up a mathematical formula that only they have, then they didn’t like what their math said, so they FAILED ME!            

 

                        VIOLATION OF DUE PROCESS RIGHTS

 

The State Bar’s actions VIOLATE MY DUE PROCESS RIGHTS, PROCEDURALLY AND SUBSTANTIVELY.

 

PROCEDURAL DUE PROCESS

 

The State Bar of California has the responsibility to provide me with an OPPORTUNITY TO BE HEARD! They have shirked this responsibility. The actions of the Bar are those of a 1920’s era gangster, “WE RUN THIS ORGANIZATION, YOU SAY WHAT WE TELL YOU TO SAY OR YOU DIE!

 

They completely violate procedural Due Process by not only denying me the opportunity to write my answer, but also DENY ME A HEARING TO HEAR THE ACTIONS TO BE TAKEN AGAINST ME!

 

SUBSTANTIVE DUE PROCESS

 

The Committee’s actions are UNFAIR! As the State Bar is well aware, all examinees  must be accommodated the same level of exam and PROCEDURES equally and fairly to comply with SUBSTANTIVE DUE PROCESS. In this case, the bar is acting UNFAIRLY TOWARD ME ALONE, by failing me on an answer I did not write.

 

EQUAL PROTECTION UNDER THE LAW

 

As a CITIZEN of California and the United States of America, I have an ABSOLUTE right to EQUAL PROTECTION UNDER THE LAW! The actions by the California Bar Examiners violate my Equal Protection rights.

 

Equal protection rules state that all persons situated similarly MUST BE TREATED THE SAME! There can be no DISCRIMINATION OF ANY KIND! I was the victim of a horrific crime and now the California State Bar has created a DIFFERENT, DISCRIMINATORY WAY TO TREAT MY EXAM! WHY?

 

                                    ABA FIRST RULE

 

California’s Committee of Bar Examiners follow what is known as the ABA FIRST JURIS DOCTORATE DEGREE RULE. This rule states that the ABA ( AMERICAN BAR ASSOCIATION), determines what schools and what Bar applicants are to receive favorable passing rates on States Bar exams. In other words, graduates from ABA ACCREDITED SCHOOLS, are to receive FIRST consideration in passing rates on bar exams and even Law School Admissions.

 

            CALIFORNIA ACCREDIDATION VERSUS ABA ACCREDIDATION

 

Here in California there are many law schools. Many years ago before the onslaught of liberal, lawless trade groups like the ABA, California determined it necessary to allow for a wide range of educational opportunities, including the training of lawyers. As the years went by and as the value of legal services rose, the PRIVATE TRADE GROUP OF LAWYERS BECAME THE AMERICAN BAR ASSOCIATION.

 

With a vengeance they spent millions of dollars going State to State convincing legislatures that they alone had the magic formula for determining whether a law school could turn out worthy attorneys. Because most States only have State law schools they feared that many private unscrupulous schools would turn out rogues and robbers instead of decent honest trial lawyers.

 

California’s Legislature has resisted such fear mongering, and remains true to the proposition that there are many different ways to study law, allowing private schools to meet the needs of older Americans and Working Americans who need something other than the strict, inflexible ABA law school routine.

 

Non-ABA schools offer more convenient schedules, such as night classes, remember Abraham Lincoln? Late at night, studying law by kerosene lantern, in a log cabin!  However, the Committee of Bar Examiners follows a strict adherence to the ABA FIRST RULE.

 

                        COMMITTEE’S 10-YEAR STATISTICS TELL THE TALE!

 

California’s bar examiners despise Non-ABA law schools. The truth of this lies in the statistics the Committee produces after each exam. For 10 years the statistics have rarely changed. ABA graduates have a first time pass rate of about 55% and NON-ABA graduates have a first time pass rate of only about 20%. These numbers have rarely fluctuated even a few percentage points over 10 years.

 

The statistics for repeat takers of the Bar exam are even more startling and revealing. Pass rates for repeat takers from ABA approved schools in California usually always hover about 50%, while pass rates for California approved schools repeat takers ALWAYS STAYS ABOUT 15%  This is an illegal and UNCONSTITUTIONAL policy of the California Bar Examiners.

 

                        STATE BAR RESTRICTS SUPPLY OF ATTORNEYS

 

In California there are conservatively 30,000,000 people and only about 200,000 lawyers. As you can see the need for attorneys is staggering. At this time, hardly anyone can afford an attorney because the market place of attorneys is so small. One of my goals was to be a general practice attorney who specializes in providing legal services to people who need a good lawyer, but cannot afford the prevailing rate.

 

I want to be a servant of the people. I am not alone, but we are being artificially held back by the ABA first rule and the Committee’s hatred of non-ABA law graduates. There are literally tens of thousands of qualified, educated, honest, deserving and eager Bar exam takers ready to serve California’s citizenry, but they will never be able to because the State Bar Examiners INTENTIONALLY AND DELIBERATELY restrict the supply of Attorneys in California by not allowing qualified applicants to pass ONLY BECAUSE THEY ARE NOT FROM ABA APPROVED LAW SCHOOLS!

 

These are good, honest, smart, hard working people. Their only desire in life is to pass the Bar and serve California and provide for their families. Year after year they are denied this because the California Bar examiners practice an ILLEGAL AND UNCONSTITUTIONAL POLICY OF DISCRIMINATION AGAINST NON-ABA LAW SCHOOL GRADUATES!

 

My own experience with this discrimination dates back to February, 1999. I took that exam, and when the results arrived I was actually surprised I failed. After an analysis of the results I discovered that on first read I had scored at least enough points to get what the bar calls a re-read, AT LEAST 1390 POINTS. But, after the re-read, the Bar actually TOOK POINTS AWAY FROM MY FINAL  SCORE, REDUCING IT TO 1312!

 

So, here we have an exam that was so good that at first glance ranged between 1390 and 1446 points,  we’ll never know the score because the bar hides it. Then, the State Bar Examiners DECIDED TO RE-READ THE EXAM AND THEN REDUCE THE SCORE BY BETWEEN 78 AND 153 POINTS! THE BAR ACTUALLY TAKES POINTS AWAY AFTER AN APPLICANT HAS ALREADY EARNED THEM!

 

I later discovered that this is common practice of the Bar to maintain strict control of NON-ABA law schools. By the Bar’s own calculations I had scored AT LEAST 1390 AND POSSIBLY AS HIGH AS 1465, and then after it was re-read by an “ON STAFF PROFESSIONAL GRADER,” magically I lost MANY, MANY points.

 

This policy ALSO violates my equal protection guarantees, BY DISCRIMINATING AGAINST THE LAW SCHOOL I ATTENED AND THEY ACCREDITED!

 

VIOLATION OF CONSENT DECREE ENTERED INTO BY ABA AND U.S. JUSTICE DEPARTMENT 6-25-1996

 

The actions of the State Bar of giving preferences to ABA law schools violates the “CONSENT DECREE,” entered into by the ABA and the United States in June of 1996. That Consent Decree specifically prohibits the ABA from taking discriminatory actions against Non-ABA schools, in the acceptance of grades and or transfer credits. In short, State accredited schools are “EQUAL TO ABA SCHOOLS,” AND MAY NOT BE DISCRIMINATED AGAINST!

 

I deserve a right to have an exam graded based on MY answers not a mathematical formula decided on by non-lawyers to justify a cold, calculating policy of do evil not good, by the California State Bar.

 

REMEDIES

 

I request that the State Bar immediately implement the following remedies;

 

  1. An order directing the Committee of Admissions to enter a PASS on my exam. This remedy is only fair because the State Bar FAILED ITS DUTY TO ADEQUATELY PROTECT MY EXAM THAT WAS RIGHTFULLY ENTRUSTED TO THEM.    
  2. An immediate CRIMINAL INVESTIGATION into the OBSTRUCTION OF JUSTICE BY THE STATE BAR BY COVERING-UP THE CRIME COMMITTED AGAINST ME, AND OTHER APPLICANTS.
  3. An immediate cessation of the use of all mathematical formulas in place of actual answers written by applicants.
  4. IMMEDIATELY GIVE EQUAL RECOGNITION TO STATE ACCREDITED SCHOOLS AND ABA APPROVED SCHOOLS AND END THE ABA FIRST RULE IN CALIFORNIA.
  5. ORDER THE STATE BAR TO DEVELOP A PLAN TO EQUALIZED THE UNEQUAL PASS-FAIL DISPARATITY BETWEEN ABA AND STATE ACCREDITED LAW SCHOOLS.
  6. ORDER THE STATE BAR TO DEVELOP AN OPEN AND FULLY DISCLOSED PROCESS OF GRADING THE BAR EXAM. EXAMPLE, ALLOW STATE WIDE GRADING INSTEAD OF ONLY IN THE BAY AREA.
  7. FULL FINANCIAL RESTITUTION TO MYSELF AND OTHER APPLICANTS WHO WERE AFFECTED BY THIS DISGRACEFUL ACT OF OBSTRUCTION OF JUSTICE BY THE STATE BAR.

 

 

Thank you for your time and attention.

 

                                              

       Sincerely,