California State Supreme Court Chief Justice Tani Cantil-Sakauye. Photo: Jason Doiy/The Recorder

The California Supreme Court said Monday it will exercise its authority over the state bar “to ensure a thorough and independent investigation” is conducted into how essay topics for this week's bar exam were accidentally provided to 16 law school deans Thursday.

“The court understands and shares the concerns that this disclosure has generated,” the justices said in a statement. The court will make sure “that appropriate steps are taken to protect the integrity of the bar examination and identify and address any consequences.”

Bar leaders said Sunday they planned to retain an independent investigator to review what happened.

The court's response is the latest fallout from the errant disclosure and the bar's subsequent decision late Saturday to provide the same information on the topics to the nearly 9,000 would-be lawyers who are registered to take the two-day test that starts Tuesday.

The bar on Monday announced it will refund applicant fees for anyone who wants to bow out of the exam.

“While we hope July CA Bar Exam takers do not decide to withdraw at this late stage, we will honor such requests & furnish 100% refunds for requests received 7/27-7/30, 8:30 a.m.,” the bar tweeted.

Bar leaders said a staffer last week prepared a memo inviting selected deans to observe grading of the July bar exam at a future date. The memo asked law school leaders to rank, in order of preference, the six essay topics that would be tested and later scored.

Donna Hershkowitz, the bar's director of programs, said an invitation to observe the grading is sent out after every test. This time, however, the staffer sent emails, and the accompanying memo, to the invited deans early. One of those deans alerted the bar Saturday that the memo improperly disclosed the test topics.

The bar said it has no evidence that any of the deans shared the topics with others.

The disclosure, and subsequent uproar, comes as the bar is lobbying for a significant licensing fee increase in the Legislature, which has been critical in recent years of bar operations and the dismal passage rates on bar exams.

“This unprecedented event has caused confusion and clearly should not have happened,” said the author of this year's bar licensing fee bill, Sen. Hannah-Beth Jackson, D-Santa Barbara, said in a prepared statement. “It appears to have been human error, and the State Bar has taken action to level the playing field, but the implications are still unknown.”

“Once we are better able to assess the situation and its outcome, we will be able to determine whether the Legislature needs to take additional action, hold hearings, or do anything further to address this situation,” Jackson said.

Read more:

With Anger, Confusion Swirling Over July Bar Exam, Officials Vow to Investigate

Everybody Goofs. More Bar Exam Blunders for the Ages

California Bar 'Inadvertently' Reveals Essay Topics Days Before Exam

How Law Schools Fared on California's February 2019 Bar Exam