NextGen Bar Exam Update by Abby Kostecka

NextGen Bar Exam of the Future

In July of 2026, Idaho and ten other jurisdictions will be the first to administer the NextGen Uniform Bar Exam (“UBE”). The NextGen UBE is designed to balance the skills and knowledge needed to successfully practice law and is touted as a better assessment of the qualifications necessary to become a lawyer. Additionally, the modernized format of the exam, entirely online, is designed to ensure that graduates and new admittees are prepared to competently engage in the practice of law.

The NextGen UBE has been in the making since 2018; guided by the results of a comprehensive, empirical three-year study, the National Conference of Bar Examiners (“NCBE”) planned for the earliest stages of the implementation process to begin in 2021 and 2022. The NCBE’s process included several phases of research testing and statistical analysis, with the implementation timeline continuing until 2028. 40 jurisdictions have adopted the NextGen UBE and will have administered the new exam in or before 2028. The current examination is comprised of the Multistate Bar Examination (“MBE”), the Multistate Essay Examination (“MEE”), and the Multistate Performance Test (“MPT”). The NCBE intends for the final administration of the MBE, MEE, and MPT to take place in 2028.

In 2023, the Idaho State Bar Board of Commissioners established the NextGen Task Force to explore whether they should recommend adopting the NextGen UBE in Idaho. As a result of their work, the Idaho State Bar membership approved Resolution 24-01, which recommended to the Idaho Supreme Court that Section II of the Idaho Bar Commission Rules be amended to implement the NextGen Bar Exam in Idaho. In February 2025, the Idaho Supreme Court entered an order amending the admissions rules consistent with Resolution 24-01, replacing the UBE with the NextGen UBE.

The important work of the NextGen Task force is ongoing. As next summer approaches, the Task Force will continue to meet and discuss important topics and decisions, including setting a passing score, portability with states who have not administered NextGen, and standard-setting guidelines for Idaho. The Task Force will also monitor ongoing developments with the NextGen UBE, as the NCBE continues to assist jurisdictions with preparation and troubleshooting.

The Idaho State Bar is working collaboratively with the NCBE and the University of Idaho College of Law to prepare—both substantively and logistically. The Bar is fortunate to have a longstanding collaborative relationship with the University of Idaho College of Law, which graciously provides the primary testing site for the July bar exam. The NCBE is assisting with site engineer and proctor training, as well as ensuring the exam location possesses the appropriate and necessary Wi-Fi capabilities for this wholly digital exam. Finally, the NCBE and the Idaho State Bar are coordinating efforts to provide Idaho applicants with exam content scope outlines, question samples by type, and an exam software preview.

Idaho is at the forefront of legal education reform by adopting the NextGen UBE. The Idaho State Bar has taken deliberate steps to prepare both applicants and legal educators for this significant transition. Efforts to support applicant success reflect Idaho’s commitment to innovation in legal assessment and ensuring that future attorneys are well-equipped to meet the demands of modern legal practice.

You can contact Abby Kostecka, Licensing Director, at akostecka@isb.idaho.gov or (208) 334-4500 with any questions.

image of Abby Kostecka

Abby Kostecka is the Licensing Director of the Idaho State Bar. Her job duties include overseeing applying and being admitted to the Idaho State Bar, and MCLE accreditation and compliance for attorneys in Idaho. She worked as a prosecutor for Ada County prior to joining the Bar. She received her undergraduate degree from the University of Kentucky and her law degree from Gonzaga University.