• Utah’s new proposal may allow law graduates to bypass the bar exam after supervised practice.

• The state Supreme Court will take public feedback until December 19 before deciding.

• Similar reforms have been implemented in Oregon, Washington, and Arizona.

The Utah Supreme Court has introduced a proposal that would enable law graduates from American Bar Association-accredited schools to practice law in the state without taking the bar exam, according to a Reuters report.

• Under the proposal, graduates would need to complete 240 hours of supervised practice with an experienced attorney before being allowed to practice in the state.

• Participants in the alternative pathway would also have to complete a series of courses while in law school and pass a written exam that’s similar to the Multistate Performance Test currently part of the national bar exam.

• Law graduates could still opt to sit for the bar exam.

The plan, open for public feedback through December 19, aims to broaden pathways into the legal profession and reduce reliance on the traditional bar exam. This initiative is the latest in a growing list of states, including Oregon, Washington, and Arizona, that are exploring or have implemented alternative licensing methods in recent months.

Reasons for the Shift

The Utah Supreme Court’s proposal is the product of a working group convened in 2020 to assess alternatives to the bar exam.

The Utah working group concluded that:

• the bar exam is “not the only or the best way to ensure that those admitted to practice have the requisite skill to practice law,” 

• the exam does not gauge the full breadth of knowledge and skills new lawyers need,

• it does not protect the public,

• score gaps between white and minority test takers are an ongoing problem,

• the cost of studying for and taking the bar exam is too high.

During the COVID-19 pandemic, Utah temporarily waived the bar exam, offering diploma privilege to law graduates as an emergency measure, Brigham Young University law professor and working group member Catherine Bramble said.

The success of that program could bolster support for the alternative pathway proposal. "My hope is that this could be implemented as soon as next summer," Bramble said.

Similar Programs

The Utah proposal follows other similar measures taken over the last few months. The current licensure reform movement began with Oregon in 2023, when the state adopted an apprenticeship pathway for law school graduates that does not require taking the bar.

Washington followed with a similar approach in March, and in July, Arizona put a plan in motion that lets law grads who fail the bar exam obtain a license through a practical skills program. A similar proposal was rejected by the California Supreme Court in October for posing an "array of ethical and practical problems."