Utah is taking a bold step towards reforming its legal licensing process by considering a proposal that would allow law graduates to practice without taking the traditional bar exam. This initiative follows the lead of several other states that have recently adopted alternative pathways for legal licensure.
On Monday, the Utah Supreme Court unveiled a plan permitting graduates from American Bar Association-accredited law schools to gain licensure after completing 240 hours of supervised practice under an experienced attorney, along with fulfilling additional requirements. Importantly, law graduates will still have the option to take the bar exam if they choose.
The court is currently soliciting public feedback on this proposal until December 19, with a final decision expected thereafter. This proposal originated from a working group formed in 2020 to explore alternatives to the bar exam, and the court’s decision to seek public comment indicates a willingness to consider licensing options beyond traditional methods.
Notably, Utah implemented a temporary diploma privilege during the COVID-19 pandemic in 2020, allowing law graduates to bypass the bar exam. Brigham Young University law professor and working group member Catherine Bramble highlighted the success of that initiative as a potential boost for support of the new proposal. “My hope is that this could be implemented as soon as next summer,” she stated.
The National Conference of Bar Examiners, which oversees the components of the bar exam used by most states, has not yet commented on Utah’s proposal.
This movement towards reform began in Oregon in 2023 when it introduced an apprenticeship pathway for law school graduates that does not require taking the bar exam. Washington followed suit in March, and Arizona initiated a plan in July allowing law graduates who fail the bar exam to obtain a license through a practical skills program.
In contrast, California’s Supreme Court recently rejected a similar proposal that would have allowed law graduates to work under supervision for up to six months and submit a portfolio of their work for evaluation by state bar assessors, citing various ethical concerns.
The Utah working group’s report noted that the bar exam is “not the only or the best way” to ensure that new lawyers possess the necessary skills for practice. It pointed out criticisms regarding the exam’s inability to fully assess competence and its failure to protect public interests adequately. Additionally, disparities in test scores between white and minority candidates were cited as ongoing issues. The financial burden associated with preparing for and taking the bar exam was another factor prompting support for alternative pathways.
Under Utah’s proposed plan, participants would need to complete 240 hours of supervised work post-graduation, fulfill specific coursework requirements during law school, and pass a written examination similar to the Multistate Performance Test currently included in the national bar exam.
This innovative approach aims not only to streamline access to legal practice but also to enhance diversity and equity within the legal profession while ensuring that new attorneys are well-prepared to serve their communities.
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