WSR 25-02-010

RULES OF COURT

STATE SUPREME COURT

[November 7, 2024]

The Washington State Bar Association, having recommended the suggested amendments to APR 4—Applicants for Admission to Practice Law, and the Court having approved the suggested amendments for publication;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the suggested amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of the Court's websites in January 2025.

(b) The purpose statement as required by GR 9(e) is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than April 30, 2025. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

dated at Olympia, Washington this 7th day of November, 2024.

Washington State Bar Association

Sunitha Anjilvel, Acting WSBA President

Terra Nevitt, Executive Director

Renata de Carvalho Garcia, Chief Regulatory Counsel

Washington State Bar Association

1325 Fourth Avenue, Suite 600

Seattle, WA 98101-2539

renatag@wsba.org • (206) 733-5912

The purpose of the suggested amendments to APR 4(d) is to implement the Washington Supreme Court's adoption of the Washington Bar Licensure Task Force recommendation regarding the NextGen Bar Exam. On March 15, 2024, the Washington Supreme Court entered order number 27500-B-710 adopting the WBLTF's recommendation to adopt the NextGen Bar Exam beginning with the July 2026 bar exam. The NextGen Bar Exam is owned by the National Conference of Bar Examiners (NCBE). The NCBE intends for the NextGen Bar Exam to be a new version of the Uniform Bar Exam (UBE), maintaining the ability for applicants to transfer scores between UBE jurisdictions. Although the exam is referred to as the NextGen Bar Exam, it will still be the UBE, but with updated content and formats. In addition, because the NextGen version of the UBE will have a different scoring scale, a new minimum passing score will need to be determined. Accordingly, the amendments needed to the APR to implement adoption of the NextGen exam are simply to distinguish between the two versions of the UBE and identify the minimum passing score for each version.

The NCBE's work to determine minimum passing scores for the NextGen exam relative to the passing scores for the original version of the UBE will take place next year. We expect to have a NextGen passing score by August or September 2025. Given the time involved for rule amendments through the GR 9 process, we are submitting these suggested amendments now and will ask the Court to enter an order setting the passing score for the NextGen exam when it is finally determined. A technical amendment can then be requested at that time to amend APR 4(d) to include the score in the APR.

D. Hearing: A hearing is not requested.

E. Expedited Consideration: Expedited consideration is not requested.

1. Washington Supreme Court Order No. 27500-B-710

(d) Lawyer Bar Examination. Unless otherwise provided by these rules, applicants for admission to practice as a lawyer must take and pass the National Conference of Bar Examiners' (NCBE) Uniform Bar Examination (UBE) and Multistate Professional Responsibility Examination (MPRE).

(1) Washington's UBE minimum passing score for the original version of the UBE is 266; the minimum passing score for the next generation version of the UBE is to be established by court order.

(2) Washington's MPRE minimum passing score is 85, which must be earned no earlier than three years prior to and no later than 40 months after the date of the administration of the UBE in which the applicant received the minimum passing score.

(3) The Bar may disclose the results of the lawyer bar examination to an applicant's law school and the NCBE.