Today begins day 1 of the California bar exam, but that doesn’t mean the controversy surrounding the test is over. As you’ve probably heard by now, the subjects of each of the essay exams were released on Saturday by the administrators of the exam. They took this unusual step because the list of tested topics was inadvertently released to a select group of California law school deans, and though it was unclear if any students received the information, they decided in an abundance of caution to release the tested subjects to everyone taking the exam.

After reading that synopsis, I’m sure you have a ton of questions about how on earth this possible could have happened. Turns out, you aren’t alone. The Supreme Court of California would also like more information about how exactly this happened, and, as they’re the body with oversight on all things bar admissions related, they’re going to launch an investigation to get their questions answered. Here’s their statement on the matter:

Over the weekend, State Bar officials advised the court of the inappropriate disclosure, to certain law school deans, of the general subjects to be tested on the essay and performance test portions of the July 2019 California Bar Examination, and of the State Bar’s subsequent decision to provide this same information to all test takers. The court understands and shares the concerns that this disclosure has generated. Exercising its oversight responsibilities over matters relating to bar admissions, the court will ensure that there is a thorough and independent investigation into the circumstances surrounding the disclosure, and that appropriate steps are taken to protect the integrity of the bar examination and identify and address any consequences.

Another development in the saga is the California Bar volunteering more information about how exactly this went down. They say it was “human error” and not a problem with the system. Additionally, they disclosed that the deans who received the heads up about what is being tested got the intel on Thursday, July 25 (Saturday evening is when the rest of the students got the information). The list of law schools that received advanced notice of the information was also revealed:

Abraham Lincoln University School of Law

Cal Northern School of Law

Glendale University College of Law

Humphreys University Law School

Lincoln Law of San Jose

Northwestern California University School of Law

Oak Brook College of Law

Peoples College of Law

San Francisco International University College of Law

San Francisco Law School, Alliant University

Taft Law School

Trinity Law School

UC Hastings College of the Law

University of La Verne College of Law

University of West Los Angeles School of Law

Western State College of Law

And why was this particular list of deans given the heads up?

Deans are invited to observe grading calibration every year, with a select cross-section of California law schools invited on a rotating basis, as there is insufficient space to accommodate all those who may be interested in attending. Other law school staff often attend, depending on the subject matter used on the exam, which is why this information is included in the invitation.

They also said, while they considered changing out the exam questions, they simply did not have enough alternative questions available for the test. And while some have suggested postponing the exam would be an appropriate remedy, the Bar believes the impact on students who planned for this test date would have been too great (plus, you know, they can’t unilaterally change the MBE):

There was simply insufficient time to prepare, edit, pre-test, re-edit, print and package an entire set of new test questions in time for the exam, and we did not feel it was fair to the applicants to postpone or cancel the exam.  Numerous examinees travel to California from across the country and other parts of the world to take the bar exam.

 The State Bar of California does not have the authority to change the date of the Multistate Bar Exam. Making such a change requires approval of the National Conference of Bar Examiners.

 Ultimately we determined that the impacts of postponing would be too great on examinees who have already planned and studied for this exam date.

The Bar also said they anticipate using the same scoring procedures as always, and they’ll monitor student performance on this administration of the bar exam. Hopefully this craziness wasn’t too distracting for those who are taking the exam today.

Kathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).