The Washington Supreme Court ruled to adopt the NextGen bar exam, starting July 2026. Other states like Colorado and Minnesota join the effort to provide alternative ways to the bar.
The Supreme Court of Washington has approved several new ways for attorneys to become licensed that bypass the traditional bar exam. This move adds momentum to the burgeoning alternative licensure movement and positions Washington as the second state to offer alternative pathways to the bar.
The court ruled to adopt several recommendations made by the Washington Bar Licensure Task Force, including graduate apprenticeships, law school experiential pathways, APR 6 apprenticeships, alternative assessments and interventions, and reciprocity.
New Licensing Pathways
The high court of Washington has approved “in concept” new licensing pathways for law school graduates. One option is a new apprenticeship program. Under this program, law school graduates would work under the supervision of an experienced lawyer for six months and then submit a portfolio of work for evaluation.
Another option allows law students to complete 12 credits of skills coursework and 500 hours of hands-on legal work before graduation. After meeting these requirements, they can submit a work portfolio to the Washington State Bar to become licensed.
The Impact of the Decision
This decision is expected to address a “serious legal deserts problem” in Washington and "help remedy the fairness and bias concerns with the traditional licensure,” according to Anthony Varona, the Dean of Seattle University School of Law. Varona was a member of the Washington Bar Licensure Task Force, which developed the proposals at the high court’s behest.
"I am very pleased that the Supreme Court adopted the Task Force's recommendations, and am proud of our Task Force,” remarked Varona. He added that this was a "multiyear endeavor that involved a lot of research, consultation and deliberation that resulted in new licensure pathways that protect the public, address our serious legal deserts problem in Washington, help remedy the fairness and bias concerns with the traditional licensure methodology, and give students a choice of licensing modalities to best demonstrate their competencies."
The task force’s report noted studies that show the bar exam “disproportionately and unnecessarily blocks historically marginalized groups from entering the practice of law” and that the exam is a financial burden for law graduates.
The Next Steps
The court’s order did not specify when the new pathways would become available but directed the Washington State Bar Association to convene a committee to examine how to implement them. The Washington Supreme Court also issued a separate order adopting the NextGen bar exam, beginning with the July 2026 administration.
A Growing Trend
Washington’s decision comes after Oregon adopted an apprenticeship pathway for law school graduates, making it the first state to offer an alternative to the traditional bar exam. Other states, including California, Minnesota, Utah, Nevada, and South Dakota, are currently considering similar proposals.
This trend towards alternative pathways to the bar represents a significant shift in the legal profession. It acknowledges the need for more flexible and inclusive pathways to legal practice and challenges the traditional reliance on the bar exam as the sole measure of a candidate’s readiness to practice law.
More States Joining the Alternative Legal Movement
In other news on alternative pathways to the bar, Washington, Colorado, and Minnesota have recently joined the list of states transitioning to the overhauled bar exam. The State Supreme Court of Washington announced that it will begin using the so-called Next Gen bar exam when it first becomes available in July 2026. Similarly, Minnesota’s high court issued an order that the state will transition to the Next Gen test in July 2027, while the Colorado Supreme Court announced that it will start giving the new bar in July 2028. In total, 17 jurisdictions have said when they will move to the Next Gen bar exam.
The Next Gen Bar Exam
The Next Gen test is the first major overhaul of the national bar exam in 25 years. The Next Gen bar exam is meant to emphasize legal skills and rely less on the memorization of laws, and it does away with the three separate components of the current exam — the 200-multiple-choice question Multistate Bar Exam, the Multistate Essay Exam, and the Multistate Performance Test.
The Next Gen exam will also be shorter, at nine hours, compared with the current 12-hour test, and will be given entirely on computers.