California and Arizona are making significant changes to their licensure protocols in response to budget issues and lawyer shortages, respectively. These changes could have a ripple effect on other states as well.
California has decided to collaborate with Kaplan North America to develop a proprietary bar exam after addressing copyright concerns with the National Conference of Bar Examiners. This move is significant as it establishes competition for the NCBE and may inspire other states to consider innovative approaches to licensure.
The State Bar of California is facing financial challenges, with its admissions fund projected to be insolvent by 2026. The five-year, $8.25 million contract with Kaplan includes delivering a multiple-choice question test in February 2025 and essay and performance test questions in 2026. This collaboration aims to enhance the licensure process in California.
On the other hand, Arizona is introducing the Arizona Lawyer Apprentice Program to address the shortage of lawyers in the state, particularly in underserved areas. Graduates who scored between 260 and 269 on the Uniform Bar Exam can participate in this program, where they will work under the supervision of experienced attorneys for two years in public law firms or rural Arizona. This initiative aims to increase access to justice and improve the efficiency of the justice system.
Both California and Arizona’s initiatives could potentially lead to discussions about cut scores for the bar exam and alternative pathways to licensure in other jurisdictions. By exploring innovative approaches to licensure, these states are setting examples for other states to consider new methods of assessing lawyer competence and increasing the number of legal professionals serving the public.
In light of these changes, the legal education landscape is evolving, with the ABA approving policy shifts to allow alternate methods of licensure beyond the traditional bar exam. States like Oregon and Washington are also exploring alternative pathways to the bar, such as supervised practice portfolios and additional pathways involving supervised practice.
Overall, California and Arizona’s efforts to revamp their licensure protocols reflect a broader trend in the legal profession towards exploring innovative approaches to licensing new attorneys. These changes could pave the way for a more diverse and accessible legal profession in the future.
