Gap between white and black law graduates’ bar exam scores widens for a second year

Black graduates continue to have the lowest first-time test-taker pass rate on the bar exam, which was 57% in 2022 compared to when it was 61% in 2021, according to data released on April 11 by the Managing Director’s Office of the American Bar Association.

Black candidates made up 2,510 of the 33,721 first-time bar examinees in 2022. The data breaks down pass rates by race, ethnicity, and gender.

White first-time bar examinees’ performance also declined, from 85% in 2021 to 83% in 2022. However, that drop was smaller than the drop among Black, Hispanic, and Asian respondents. The overall national first-time pass rate fell to 78% in 2022, from being at 80% the previous year.

The data also shows that the first-time pass rate for 2022 was 77% for women and 80% for men. The first-time pass rate for those who identified as having a different gender was 79%, while the pass rate for those who hid their gender was 63%.

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Additionally, the pass rates were 60% for the 183 Native American candidates, 69% for the 45 Hawaiian candidates, 69% for the 4,201 Hispanic candidates and 75% for the Asian 2,199 candidates. The pass rate for people who are two or more races was 74% out of 1,186 candidates.

The ABA data also examines two-year bar passage rates. Law schools have to obtain a two-year bar passage rate of at least 75% to be in compliance with Standard 316.

“Several years ago, we promised to collect and publish such aggregate data and consider whether the requirements of Standard 316 needed to be reviewed in light of what we collected. We will continue to evaluate the annual data and consider any changes as appropriate,” said Bill Adams, ABA managing director of accreditation and legal education in a press release.

The bar pass rates for 2021 graduates were:

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• 51% for Hawaiian candidates

• 72% for Black candidates

• 79% for Native American candidates

• 81% for Hispanic candidates

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• 85% for candidates who were in two or more races

• 86% for Asian candidates

• 90% for white candidates

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