by Maureen R. Braley

The Idaho State Bar Admissions Department administers the rules governing admission to the practice of law in Idaho. Attorneys can be admitted by taking the Idaho Bar Examination, transferring a Uniform Bar Examination (“UBE”) score to Idaho, or based on their experience practicing law in another state. The Admissions Department also oversees limited admission to the practice of law in Idaho through a House Counsel license (working in-house for an Idaho employer), Emeritus Attorney license (limited license to do pro bono work), Military Spouse Provisional admission (servicemember spouse is stationed in Idaho), pro hac vice admission, and Legal Intern licenses.

Idaho Bar Examination News and Statistics

In May 2023, the Idaho State Bar membership considered and approved Resolution 23-01, which recommended to the Idaho Supreme Court that Idaho Bar Commission Rule (“I.B.C.R.”) 217 be amended to provide that the passing score on the bar examination be 270. On June 1, 2023, the Idaho Supreme Court entered an order amending I.B.C.R. 217 consistent with Resolution 23-01, effective for the July 2023 bar examination.

There was a significant decline in the number of people taking the Idaho Bar Examination in 2023 compared to 2022. 275 people took the examination in 2022, while only 213 people took the examination in 2023, representing a 22.5% decrease. The decline was anticipated due to the Concordia University School of Law’s closure in the spring of 2020 and those students having transferred to the University of Idaho College of Law and graduating in 2022. The overall pass rate for the 2023 bar exams was 54.9%, which is down 4.7% from the 2022 overall pass rate of 59.6%.

We predict there will be fewer people taking the Idaho Bar Examination going forward, given that Idaho again has only one law school and the changes to admission requirements for experienced attorneys from other states, which are addressed later in this article.

Admission for Experienced Attorneys

In November 2023, the Idaho State Bar membership considered and approved Resolution 23-02, which recommended to the Idaho Supreme Court that the admissions rules be amended to make admission based on practice experience available to attorneys from any jurisdiction and to include judicial law clerk work in the definition of the “Active Practice of Law.” On December 28, 2023, the Idaho Supreme Court entered an order amending the admissions rules consistent with Resolution 23-02, effective March 1, 2024. This rule change enables more experienced attorneys to be admitted to practice law in Idaho without having to take the Idaho Bar Examination.

In 2023, 96 people applied for reciprocal admission under former I.B.C.R. 206, which was up 18.5% from 81 applicants in 2022. As of March 28, 2024, 47 people have applied for admission under I.B.C.R. 206, with 24 applying after the rule change became effective on March 1, 2024.

UBE Admissions Trends and the NextGen Bar Exam

In 2011, Idaho was the third state to adopt the Uniform Bar Examination (“UBE”). Currently, 41 jurisdictions administer the UBE. Applicants taking the UBE earn a portable bar exam score that can be transferred to other states to be admitted there without having to take another bar examination. Applicants applying to transfer their UBE score to Idaho must still undergo a character and fitness background investigation before being approved for admission. In 2023, 58 attorneys applied for admission in Idaho through UBE score transfer.

The National Conference of Bar Examiners (“NCBE”), the entity that develops the UBE, is currently developing a new bar examination, dubbed the NextGen Bar Exam, which is designed to be a better test of the knowledge and skills entry-level lawyers should be expected to know. The NextGen Bar Exam will be available for the July 2026 bar examination. The NextGen Bar Exam will eventually replace the current UBE, which will be unavailable after the February 2028 bar examination.

In February 2023, the Board of Commissioners of the Idaho State Bar established the NextGen Bar Exam Task Force to monitor developments with the NextGen Bar Exam and consider whether it should be implemented in Idaho. Seventeen jurisdictions have already announced their plans to administer the NextGen Bar Exam, including Oregon, Utah, Washington, and Wyoming.