California Rejects Alternative Licensing Proposal for Law Graduates
California recently turned down a proposal that would have allowed law graduates to become licensed attorneys without taking the traditional bar exam, marking a setback for the movement seeking to reform attorney licensing across the U.S. However, experts believe this decision is not the end of the road for similar initiatives, as other states continue to explore alternative pathways.
California's Supreme Court Denies Portfolio Bar Exam Proposal
On October 10, the California Supreme Court rejected a proposal that would have allowed law school graduates to obtain their licenses after completing six months of supervised legal work and submitting a portfolio of their work for evaluation. The court cited a number of ethical and practical concerns with the plan, stating that it posed significant challenges for effective oversight and public protection.
Supporters Criticize the Decision
Susan Smith Bakhshian, a Loyola Law School professor who helped develop the proposal, expressed disappointment, stating that California had "taken a wrong turn." She emphasized that legal licensing reform is a "long and complicated process," but believes that the momentum for change will continue despite the setback. If passed, California would have become the largest state to adopt this alternative pathway, licensing up to 6,000 attorneys annually.
Opponents Fear Erosion of Public Protection
Opponents of the Portfolio Bar Exam in California argued that the program would make it too easy for individuals to become licensed attorneys, potentially lowering the standard of legal competence and weakening public protections. This sentiment has raised concerns that California’s decision could stall similar reforms in other states, especially since many were looking to California for leadership in the movement.
Growing National Momentum for Licensing Reform
Despite California’s rejection, alternative licensing programs are gaining traction in other parts of the country. States like Oregon, Washington, and Arizona have already adopted new attorney licensing pathways that don't require the traditional bar exam. For instance, Oregon launched an apprenticeship model in 2023, which has since been adopted by several graduates and legal employers. Washington introduced a similar program, and Arizona is allowing graduates who fail the bar exam to still obtain licensure through practical skills training.
A Shift in Attorney Licensing Nationwide
More states are considering reforms. High courts in Minnesota and Utah are evaluating alternative licensing proposals, and states like South Dakota and Indiana are in the process of developing new programs. Additionally, the American Bar Association (ABA) relaxed its long-standing support for the bar exam in 2023, signaling broader support for exploring new licensing pathways.
Why Some States Resist Change
Despite these efforts, larger jurisdictions like New York, Florida, and Texas continue to require traditional bar exams. These states have not yet taken formal steps toward alternative pathways, with many bar examiners maintaining that the traditional bar exam remains the most reliable method of ensuring minimum competence among new lawyers and safeguarding public interest.
Potential for Reform in the Future
Legal experts like Deborah Jones Merritt, professor emerita at Ohio State University’s law school, believe Oregon’s apprenticeship model could serve as a blueprint for other states. Since its introduction in 2023, Oregon's program has attracted significant interest, with 76 law graduates and around 100 legal employers applying to participate. As more states continue to experiment with new attorney licensing models, the landscape for legal admissions may undergo substantial changes in the coming years.
Conclusion: A Setback, Not the End
While California’s decision may slow the momentum for alternative licensing programs, it does not spell the end of the movement. With multiple states pursuing reforms and the ABA signaling openness to new approaches, legal licensing in the U.S. is likely to continue evolving, providing hope for future change.
