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State to explore alternatives to bar exam

Students take the Delaware Bar Exam at the University of Delaware in July 2023.
Students take the Delaware Bar Exam at the University of Delaware in July 2023.

Judicial officials are open to finding ways law students can enter the legal profession without passing the state bar exam.

A handful of states - such as New Hampshire, Oregon, and Washington - have launched programs providing alternative pathways to bar admission. Now, Delaware Justice Gary Traynor is heading up a new task force to look at those other states and make recommendations about whether Delaware should try something similar.

Traynor says such a program could address a few concerns with the state’s legal profession. One thing he notes is that the traditional bar exam doesn’t really test how well a prospective lawyer interacts with clients.

“Although we test on ethics and professional responsibilities, there's very little that the current bar examination can do to assess whether a newly licensed lawyer will be able to deal appropriately with clients," he said.

Traynor says an alternative pathway to the bar could also be a pipeline for more people to practice law in the public interest.

The state's bar exam is also being revamped. The state bar expects to use the new "Next Gen bar exam" starting in 2028.

Members of the task force will be named soon, and the group is expected to submit its recommendations by June 2026.

Martin Matheny comes to Delaware Public Media from WUGA in Athens, GA. Over his 12 years there, he served as a classical music host, program director, and the lead reporter on state and local government. In 2022, he took over as WUGA's local host of Morning Edition, where he discovered the joy of waking up very early in the morning.