Washington D.C. Adopts Uniform Bar Exam

February 9th, 2016 / By Kyle McEntee

Originally published on Above the Law.

Washington D.C. is the 20th jurisdiction to adopt the Uniform Bar Exam. In an order filed last Thursday, the D.C. Court of Appeals confirmed that it would begin administrating the exam this July.

This will not be the only new UBE jurisdiction in the coming weeks or months. Vermont’s Board of Bar Examiners also announced that “Vermont expects to adopt the Uniform Bar Examination for [the] July 2016 bar exam.” It’s not official but the Vermont Supreme Court asked the Board to propose rule changes to quickly make way for the changes.

Advocates for widespread adoption of the UBE are enjoying some momentum since last week. First, the Conference of Chief Justices adopted a resolution last Tuesday — three and a half years after it last urged UBE consideration — where the CCJ endorsed the ABA Law Student Division’s Resolution 109 for the ABA House of Delegates. Yesterday, the House passed Resolution 109, which “urges the bar admission authorities in each state and territory” to adopt the Uniform Bar Exam “expeditiously.”

The UBE has a number of benefits, some of which I highlighted last week. But as one commenter responded, “what potential real-world consequences may come about as a result of this vote?”

There is no immediate effect. The ABA is a trade association without any authority over any jurisdiction. That does not make the vote meaningless, however. The idea is to signal to the non-UBE states that they should get on board. The ABA resolution, spearheaded by Chris Jennison, will contribute to momentum that has been building for the last few years. The resolution will secure the UBE on the agenda for the jurisdictions lagging behind. The resolution’s accompanying report will provide clear evidence and arguments in favor of the UBE that proponents can use to fight the bar’s protectionist instincts. The pace may still be too slow to help many current law students, but the progress over the last two weeks will nevertheless do lasting good.