National Trends in Multistate Bar Exam Performance (July 2023)

The National Conference of Board Examiners (NCBE) has reported a modest increase in the national mean scaled score for the Multistate Bar Exam (MBE) in July 2023. The mean score stands at 140.5, reflecting a marginal improvement of 0.2 points compared to the previous year. Notably, the number of test-takers has risen by 2.8%, reaching 45,968 individuals nationally.
 

Top and Bottom Performers
 
Top Overall Bar Exam Pass Rates
 
For July 2023, the jurisdictions boasting the highest overall bar exam pass rates are Utah at an impressive 92%, followed by Iowa at 86%, and Montana at 82%, according to the NCBE based in Madison, Wisconsin.
 
Lowest Overall Passage Rates
 
Conversely, the states grappling with the lowest overall passage rates include California at 51.5%, Alabama at 54%, and Michigan at 55%. These figures underscore the variations in performance across different regions.
 
State-Specific Highlights
 
Florida's Positive Surge
 
Florida has remarkably improved its overall bar passage rate, surging to 61%, marking a significant 10-percentage point increase from the previous year. Furthermore, the state's first-time pass rate climbed to 71.6%, reflecting a 7-percentage point uptick from July 2022. However, certain law schools in the state have reported first-time passage rates below 60%.
 
New York's Steady Performance
 
New York, boasting the largest candidate cohort at 9,779, has maintained its passage rates from the previous year, with a 66% overall pass rate and an 85% pass rate for first-time test-takers.
 
California's Complex Scenario
 
In California, the overall pass rate slightly dipped to 51.5%, but the pass rate for first-time test-takers rose to 64.8%, indicating a nuanced performance trend. The State Bar of California is actively exploring alternatives to the traditional bar exam.
 
Compliance and Standards
 
As per the American Bar Association's Standard 316, law schools are required to achieve a minimum bar passage rate of 75% within two years of graduation. Each state, however, sets its passing scores, leading to variations in compliance standards.
 
NextGen Bar Exam Landscape
 
Early Adopters and Varied Outcomes
 
Recent announcements from the NCBE unveiled that Oregon, Maryland, and Missouri will be the inaugural states to administer the NextGen bar exam starting in July 2026, with Wyoming following suit in the subsequent year. Connecticut has committed to adopting the new test but has yet to finalize its first administration date.
 
In the initial implementation, Missouri and Wyoming experienced notable success, with passage rates rising to 81% and 80% overall and 88% and 85% for first-time test-takers, respectively. Conversely, Oregon witnessed a decline in passage rates, signaling potential challenges in transitioning to the new exam format.
 
Maryland and Connecticut Struggles
 
Maryland reported a 10-percentage point drop in the overall passage rate, reaching 59%, and a 7-percentage point decrease in the first-time passage rate, settling at 71%. Connecticut also faced challenges, with the overall pass rate falling to 56% from 63% and the first-time rate dropping to 67% from 71% in 2023.
 
In summary, the landscape of bar exam performance and the adoption of NextGen exams presents a dynamic and evolving scenario, showcasing successes and challenges across different jurisdictions.