Virginia and South Dakota Adopt NextGen Bar Exam
Virginia and South Dakota Announce Transition Plans
Virginia and South Dakota confirmed on Thursday their plans to adopt the new NextGen bar exam, set to debut in July 2026. This decision increases the number of jurisdictions committing to the revamped test to more than half of the 56 states and territories that require a bar exam for attorney licensing.
Virginia plans to begin administering the NextGen exam in July 2028 while continuing to include a Virginia-specific section focused on state law. South Dakota, on the other hand, will start using the NextGen exam in July 2027, following approval from its Supreme Court.
Overview of the NextGen Bar Exam
The NextGen bar exam represents the first major overhaul of the national lawyer licensing test in 25 years. The National Conference of Bar Examiners initiated the redesign in 2021, aiming to shift the focus toward practical legal skills and reduce reliance on memorizing laws. The new format will replace the three separate components of the current test—the Multistate Bar Exam, the Multistate Essay Exam, and the Multistate Performance Test.
Notably, the NextGen exam will be shorter, lasting nine hours instead of the current 12, and will be conducted entirely on computers. This streamlined approach intends to modernize the assessment process and better reflect the skills lawyers need in practice.
Other States’ Plans and Alternatives
With Virginia and South Dakota’s decisions, 29 jurisdictions have now committed to transitioning to the NextGen exam. States like Florida, Illinois, and Colorado have also scheduled their transitions between July 2026 and July 2028. The National Conference of Bar Examiners will discontinue the current bar exam format by the latter date.
However, not all states have embraced the NextGen exam. California and Nevada stand out as exceptions. California plans to launch its own updated bar exam in February, designed to be delivered remotely. Meanwhile, Nevada is creating an alternative licensing process that combines traditional bar exam elements with a supervised practice requirement.
The Road Ahead
As jurisdictions continue announcing their plans, New York—which has the largest number of bar exam takers annually—has yet to reveal its decision regarding the NextGen exam. The evolving landscape of attorney licensing signals a pivotal moment for legal education and assessment, with many jurisdictions adopting innovative approaches to meet modern demands.
