Virginia and South Dakota Join the NextGen Bar Exam Transition
Key Announcements from Virginia and South Dakota
Virginia and South Dakota have confirmed their plans to adopt the NextGen bar exam, a modernized licensing test set to launch nationwide in July 2026. This brings the number of jurisdictions committed to the new exam to over half of the 56 states and territories that administer bar exams.
Virginia will start offering the NextGen exam in July 2028. However, the state plans to include a Virginia-specific section alongside the national test to maintain a focus on local legal knowledge. South Dakota, in contrast, will implement the exam earlier, beginning in July 2027, following a decision by the South Dakota Supreme Court. With these commitments, 29 jurisdictions have now signed on to this transformative approach in legal licensing.
A Landmark Overhaul in Bar Exam Design
The NextGen bar exam represents the most significant redesign in over 25 years. Developed by the National Conference of Bar Examiners (NCBE), it shifts the focus from rote memorization to the practical skills necessary for modern legal practice. Work on the new format began in 2021, and the exam’s design reflects a commitment to creating a more comprehensive and skills-based assessment for future attorneys.
Key Features of the NextGen Bar Exam
The NextGen bar exam departs from the traditional format, streamlining the evaluation process to better reflect the realities of modern legal work. Key changes include:
Eliminating Separate Components: The exam combines the Multistate Bar Exam (200 multiple-choice questions), the Multistate Essay Exam, and the Multistate Performance Test into a single, cohesive assessment.
Shorter Testing Time: The exam duration will be reduced from 12 hours to nine hours.
Fully Computer-Based: All components of the NextGen bar exam will be administered electronically, mirroring the increasing reliance on technology in legal practice.
Divergent Approaches: California and Nevada
While many jurisdictions are embracing the NextGen bar exam, California and Nevada are taking different paths. California is developing a revamped bar exam based on the current format, with a planned debut in February. The exam will be offered remotely, catering to modern accessibility needs. Meanwhile, Nevada is exploring an alternative licensing model that integrates traditional exam elements with a supervised practice requirement.
States Leading the Transition
Prominent jurisdictions such as Florida, Illinois, and Colorado have committed to adopting the NextGen bar exam between 2026 and 2028. These states align with the NCBE’s timeline, which aims to phase out the existing bar exam by 2028. This steady progression reflects the growing consensus around the need for modernization in attorney licensing.
New York’s Decision Looms
New York, which administers the bar exam to the largest number of candidates annually, has yet to announce its stance on the NextGen bar exam. The legal community is closely watching New York’s decision, as it is expected to significantly influence the adoption of the new format across the country.
The Broader Implications of the NextGen Bar Exam
The shift to the NextGen bar exam highlights a broader trend in legal education and licensing—one that prioritizes practical skills and adaptability over memorization. As more jurisdictions embrace this change, the landscape of attorney licensing in the United States is undergoing a pivotal transformation. By focusing on the skills necessary for modern legal practice, the NextGen exam aims to better prepare future lawyers for the challenges they will face in their careers.
