Passing Bar Exam No Longer Needed for Law Licensure in Washington: ‘Blocks Marginalized Groups’

Washington’s Supreme Court ruled that an individual no longer needs to pass the bar exam for law licensure.

The bar exam is a hindrance to “marginalized groups,” according to the court.

“After more than three years of extensive study—bringing together data and research with testimony from scholars and experts—the Task Force came to two important findings: The traditional bar exam disproportionately and unnecessarily blocks marginalized groups from entering the practice of law, and the traditional bar exam is at best minimally effective for ensuring competent lawyers,” Washington Courts reported.

In its ruling, the court wrote that the bar exam is filled with “racism and classism.”

“In addition to the racism and classism written into the test itself the time and financial costs of the test reinforce historical inequities in our profession,” the ruling states.

The ruling also proposed creating “additional, experiential pathways to bar licensure that protect the public by improving lawyer skills while reducing the unproductive barriers for historically marginalized groups to enter the profession.” These pathways include apprenticeship programs, completing skill credits, and participating in 500 hours of work as a licensed legal intern.

By removing the necessity of passing the bar exam and opening numerous pathways to law licensure, the court has “more responsibility for and control over entry into the legal profession in order to: protect the public and improve trust in the legal profession, advance the cause of diversity equity and inclusion, facilitate lawyer competency, and reduce barriers to entry into the legal profession,” according to the ruling.