TESTMAKER'S FOOTHOLD ON BAR EXAMINATION IS NOW UNCERTAIN

      Bar licensure is undergoing monumental changes across the United States. The ABA has approved non-exam pathways to licensure, California and Nevada are developing their own bar exams, several states are lowering bar pass cut scores, and the NextGen bar exam is set to launch in 2026. These rapid reforms are driven by various factors, including pandemic measures, equity efforts, and concerns about the practice readiness of new attorneys. Bar prep expert Sean Silverman likened the influx of bar exam reform avenues to a tidal wave.

      Experts agree that the traditionally slow-moving bar exam reforms have accelerated, with significant changes across multiple jurisdictions. California's move to a remote exam and other states considering alternative licensure pathways reflect a shift towards more practical and inclusive methods of assessing legal competence. These reforms, coupled with the upcoming NextGen Bar Exam, signal a broader reevaluation of the bar exam's role and effectiveness, making this an essential period for anyone following bar exam discussions.

      For decades, the wide acceptance of bar exam products generated by the NCBE had left little appetite for reform efforts. But that appetite may now be fueled by uncertainties and inconsistencies associated with the promised 2026 launch of the NextGen bar exam. As more jurisdictions explore alternative pathways to licensure and explore non-NCBE-produced exams, the NCBE monopoly foothold on bar licensure may begin to give way. A new white paper, co-authored by four academic support professors, questions whether national adoption of the NextGen bar exam is inevitable.

      This is a pivotal moment, emphasizing the importance of this juncture for those interested in bar exam developments. If you have not followed all the discussions about the bar exam in recent years, this ABA Journal article by Julianne Hill, captures the many viewpoints and concerns about what has been the traditional path to licensure in the United States. If you are someone who has followed the conversation on the topic, this article is an organized way to revisit what you know and hear various perspectives.