Embracing the Winds of Change
In a strategic maneuver towards legal innovation, Nebraska and Kentucky have recently aligned themselves with a growing cohort of states opting for the updated Next Gen bar exam for attorney licensing. This pivotal decision, however, comes with a twist as both states have chosen to defer the implementation by an additional year, setting their sights on commencing the revamped exam in July 2027.
A Nationwide Paradigm Shift
The move by Nebraska and Kentucky is part of a more significant trend, with nine states expressing their intent to transition to the Next Gen test. Notably, Oregon, Maryland, and Missouri have gone a step further, committing to adopting the new exam as soon as it becomes available in July 2026.
The National Conference of Bar Examiners took the reins of change in 2021, steering the development of the Next Gen bar exam. This forward-looking iteration aims to prioritize legal skills over the traditional rote memorization of laws. Marking a departure from the current exam structure, the Next Gen eliminates the three distinct components—the 200-multiple-choice question Multistate Bar Exam, the Multistate Essay Exam, and the Multistate Performance Test.
Streamlined and Modernized Assessment
In addition to emphasizing legal skills, the Next Gen exam introduces a shorter testing period, reducing the duration to nine hours compared to the current 12-hour marathon. The objective is clear: to create a more efficient and focused examination process. Significantly, the National Conference plans to phase out the existing Uniform Bar Exam for states by 2028.
Nebraska Supreme Court Chief Justice Michael Heavican underscores the strategic significance of adopting the Next Gen exam, describing it as "the next logical step" in ensuring the admission of competent attorneys in the state. The decision to delay implementation by a year is a thoughtful measure to provide law schools with the necessary time to adapt their bar preparation programs.
In contrast, the Supreme Court of Kentucky, under the leadership of Chief Justice Laurance VanMeter, expresses confidence in the Next Gen bar exam, considering it the way forward for law student education and testing.
Looking to the Horizon
Stepping up to the plate, Wyoming and Iowa have also pledged to implement the Next Gen exam in July 2027. Meanwhile, Connecticut has indicated its intent to adopt the new test, although the timeline for this transition remains unspecified.
Navigating Pressures on State High Courts
As the legal landscape undergoes a transformative shift, state high courts nationwide face mounting pressure to select a standardized test for the class of 2026. This urgency is fueled by the imperative need to prepare current first-year students adequately for the forthcoming changes in the bar examination process.
