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Virginia and South Dakota have announced their transition to the revamped NextGen bar exam, set to launch in July 2026. These additions bring the total number of jurisdictions adopting the new format to over half of the 56 states and territories that administer bar exams for attorney licensing.
Virginia’s and South Dakota’s Plans for Implementation
Virginia will begin administering the NextGen exam in July 2028. The state plans to include a Virginia-specific section alongside the national test, ensuring continued focus on local legal knowledge. South Dakota, meanwhile, will implement the NextGen exam a year earlier, starting in July 2027, as per the decision of the South Dakota Supreme Court.
With these commitments, 29 jurisdictions have now confirmed their transition to the NextGen bar exam, marking a significant shift in legal education and licensing standards.
A Milestone in Bar Exam Evolution
The NextGen bar exam represents the first major overhaul of the national attorney licensing test in 25 years. Developed by the National Conference of Bar Examiners (NCBE), the new exam aims to prioritize legal skills over rote memorization. Work on this redesign began in 2021 with the goal of creating a more practical and skills-based assessment for aspiring lawyers.
Diverging Approaches: California and Nevada
While many jurisdictions are adopting the NextGen format, California and Nevada have opted out. California is working on a new bar exam derived from the current format, which is set to debut in February and will be offered remotely. Nevada, on the other hand, is exploring an alternative licensing model that combines traditional bar exam elements with a supervised practice requirement.
What Makes the NextGen Exam Different?
The NextGen exam eliminates the three separate components of the current test—the Multistate Bar Exam (200 multiple-choice questions), the Multistate Essay Exam, and the Multistate Performance Test. It is also shorter, reducing the testing time from 12 hours to nine hours. Another significant change is that the new exam will be conducted entirely on computers, reflecting the increasing integration of technology into the legal profession.
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States Leading the Transition
Several prominent jurisdictions, including Florida, Illinois, and Colorado, have announced plans to switch to the NextGen exam between July 2026 and July 2028. These changes align with the NCBE’s timeline to phase out the current bar exam by 2028.
Uncertainty in New York
Despite being the state with the highest number of annual bar exam takers, New York has yet to reveal its plans regarding the adoption of the NextGen bar exam. Its decision is eagerly anticipated and could significantly influence the broader legal community.
The shift to the NextGen bar exam underscores a broader trend in legal education and licensing, emphasizing practical skills and adaptability. As more jurisdictions join this movement, the landscape of attorney licensing in the United States continues to evolve.
