Keep The Flame

In a forum, a couple of comments say that the Supreme Court is not in the business of increasing the bar exams passing percentage. These comments suggest that whatever the passing percentage originally is, that is what it will be. There are, on the other hand, quite a number of comments that say the Supreme Court will deliberate for a higher final passing percentage since the initial 10% passing percentage for last year’s bar was just way to low to be “acceptable”.

Is this passing percentage deliberations by the Supreme Court an unwritten tradition? If so, the bar examinees have a little bit of hope if the Supreme Court decides on a higher passing percentage. I’d like to consider this deliberations as an unwritten tradition since this is rumored to be done yearly by the Supreme Court. Below, are some lines from the book “BAR BLUES” that I have quoted to give credence to this “tradition”.

“Sometime in January (or perhaps even before then), the examiners start submitting the results of their respective subjects to the Chairman. In their report, the examiners indicate the passing rate for the subject, which gives the Chairman an idea of what the final passing percentage will look like.

When all the examiners have submitted their grades, but before the results are decoded, the Chairman may propose to the Supreme Court en banc that the passing rate be increased or that leniency in particular subjects be given, on the basis of initial passing statistics. Ultimately, however, it is the Court en banc which disposes of such proposals made by the Chairman”. p. 108, BAR BLUES, 2005 Ed.

According to this quote the Chairman proposes a higher passing percentage or leniency in a particular subject be given. What if the Chairman does not wish to propose a higher passing percentage, will the Supreme Court en banc still deliberates for a higher passing percentage? The answer I think is in the affirmative if this special en banc deliberations are done as a matter of tradition.

Based on the number of rumors I have read, the passing percentage for the 2007 bar exams I say, is between 18% to 20% if the justices maintain a conservative stance. A higher than 20% passing percentage is very well possible if the justices elect to be generous.