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The Decision to Embrace Change
In a strategic move towards legal innovation, Nebraska and Kentucky have recently joined the states, opting for the updated Next Gen bar exam for attorney licensing. However, both states have chosen to defer the implementation by another year, aiming to begin administering the revamped exam in July 2027.
A Nationwide Shift
The decision by Nebraska and Kentucky follows a growing trend, with nine states expressing their intent to transition to the Next Gen test. Notably, Oregon, Maryland, and Missouri have committed to adopting the new exam as soon as it becomes available in July 2026.
Evolution of the Bar Exam
The National Conference of Bar Examiners initiated the development of the Next Gen bar exam in 2021. This forward-looking version seeks to prioritize legal skills over the rote memorization of laws. A significant 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.
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Streamlined and Modernized
In addition to emphasizing legal skills, the Next Gen exam introduces a shorter testing period, lasting nine hours as opposed to the current 12-hour duration. The objective is to create a more efficient and focused examination process. Notably, the National Conference plans to cease offering the existing Uniform Bar Exam to states by 2028.
State Perspectives on the Transition
Nebraska Supreme Court Chief Justice Michael Heavican emphasized the strategic significance of adopting the Next Gen exam, stating that it represents “the next logical step” in ensuring the admission of competent attorneys in the state. The decision to delay implementation by a year will give law schools the necessary time to adapt their bar preparation programs.
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On the other hand, the Supreme Court of Kentucky, led by Chief Justice Laurance VanMeter, expressed confidence in the Next Gen bar exam, considering it the way forward for law student education and testing.
Looking Ahead
Joining the initiative, Wyoming and Iowa have also committed to implementing the Next Gen exam in July 2027. Meanwhile, Connecticut has expressed its intent to adopt the new test without specifying the timeline for the transition.
Pressures on State High Courts
As the legal landscape undergoes a transformative shift, state high courts nationwide face increasing pressure to select a standardized test for the class of 2026. This urgency is driven by the need to enable current first-year students to adequately prepare for the upcoming changes in the bar examination process.
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