Missouri became the first state to adopt the Uniform Bar Examination, and the National Conference of Bar Examiners reported in June that North Dakota was the second state to do so.

1. Feature
Uniform Bar Exam
By Rebecca Neely
In the September 15, 2010 article, ‘’ABA Group Backs Uniform Bar Exam’’, it’s reported that in a resolution adopted by the ABA’s Council
of the Section of Legal Education, the group ‘’urges the bar admission authorities in each state and territory to consider participating in
the development and implementation of a uniform bar examination.’’ The Conference of Chief Justices adopted a similar resolution.
Currently, individual states regulate the activities of their own Additionally, he discusses the fact that even though there may
lawyers and administer their own bar exams. However, the be some local variations in practice or regional differences
institution of a uniform bar exam (UBE) would make it easier involving, for example, community property, a contract written
for lawyers to become licensed in multiple states. in New York still involves virtually the same concepts as one
written in any other state. Consequently, there is not really a
In April 2010, Missouri became the first state to adopt the rational justification for having each state administer its own
Uniform Bar Examination, and the National Conference of Bar bar examination.
Examiners reported in June that North Dakota was the second
state to do so. The Hon. Rebecca White Berch is Vice Chief Justice of the Arizona
Supreme Court and a former longtime member of the Arizona
Other jurisdictions considering the idea include Arizona, Bar Examinations Committee. In her essay, ‘’The Case for the
Colorado, Minnesota, New Hampshire and Washington, D.C. Uniform Bar Exam’’, she addresses the underlying question of why
a jurisdiction might want to consider adopting a UBE.
Even states that adopt the UBE would continue to conduct
their own bar exams, which could include testing on that She points to the fact that people travel and move more
individual state’s law. However, the UBE would allow lawyers frequently in today’s world. More often than not, lawyers don’t
to transfer a standard bar exam score between jurisdictions. live and practice entirely in one state anymore. Also, she
cites the fact that electronic communications and transfers
“Portable” UBE scores are recognized in all UBE jurisdictions.
of money already make it easy to effect multijurisdictional
It’s believed this would make it easier for recent law graduates
transactions on behalf of clients; the potential to join the bar
facing an uncertain legal job market to be flexible in pursuing
in another state without taking that state’s bar exam would
career opportunities throughout the country.
further facilitate the practice of law. Additionally, she feels
But there are other motivations for instituting a UBE. In a a UBE would ensure uniform content, uniform grading, a
February 2009 article in The Bar Examiner, the concept of uniform passing score, uniform terms for evaluating special
instituting a uniform bar exam is explored through a series accommodations, and so much more.
of essays. The simple, yet profound phrases that sum up the
The Hon. Gerald W. VandeWalle is Chief Justice of the North Dakota
essays are: ‘’This is an idea whose time has come,’’ ‘’The devil
Supreme Court. He was appointed to the North Dakota Supreme
is in the details,’’ and ‘’It’s the right thing to do.’’
Court in 1978 and has been Chief Justice since January 1, 1993.
The authors of three of these essays are Frederic White, the In his essay, ‘’Life Without a Local Bar Exam’’, he supports
Hon. Rebecca White Berch, and Hon. Gerald W. VandeWalle. adopting a UBE, pointing to the fact that the results of local
examinations are often unreliable. Criticisms of local exams
Frederic White serves as dean and professor of law at Texas
have included allegations that the questions are not well
Wesleyan University School of Law, located in Fort Worth.
written; the grading of the essay questions is not consistent;
Prior to coming to Texas Wesleyan, White served as dean and
and the small number of people writing, and the exams may,
professor of law at Golden Gate University School of Law in
in itself, cause a statistically unreliable result. However, he
San Francisco. He also was a professor of law at Cleveland-
feels familiarity with unique local precedents is a real concern.
Marshall College of Law, Cleveland, Ohio, for 26 years.
In and of itself, though, the need for this local familiarity
should not be the basis for rejecting the concept of the UBE.
Essentially, in his essay, ‘’A Uniform Bar Examination: An Idea
Overall, he feels there is a better way of doing something that
Whose Time Has Come’’ he discusses the idea that in general,
is already being done relatively well.
everyone agrees the practice of law has changed dramatically in
the last 20 years. Unfortunately, he believes the licensing process
for U.S. attorneys has failed to catch up with today’s realities.
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