Md. Admin. Order of 2023-11-01 (Adoption of the NextGen Bar Examination)

IN THE SUPREME COURT OF MARYLAND

ADMINISTRATIVE ORDER ON ADOPTION OF THE

NEXTGEN BAR EXAMINATION

WHEREAS, in November 2017, this Court adopted the Uniform Bar Examination

(“UBE”), along with a Maryland supplement to the examination (known as the Maryland

Law Component (“MLC”)), which was implemented in 2019; and

WHEREAS, the first administration of the UBE and MLC in Maryland was in July

2019, and Maryland has remained a UBE jurisdiction since that time; and

WHEREAS, all jurisdictions that participate in the UBE currently administer the

Multistate Performance Test (“MPT”), the Multistate Essay Examination (“MEE”), and

the Multistate Bar Exam (“MBE”); and

WHEREAS, the National Conference of Bar Examiners (“NCBE”), after a lengthy

process, has announced that it will begin offering a new version of the bar examination,

known as the NextGen Bar Exam (“NextGen Bar Exam”), with the first administration of

the NextGen Bar Exam to occur in July 2026; and

WHEREAS, NCBE has announced that the current UBE exam materials will be

offered concurrently with the NextGen Bar Exam between July 2026 and February 2028,

and that, beginning with the July 2028 administration of the bar exam, the current UBE

materials will no longer be available for any jurisdiction to use as a test for law licensure;

WHEREAS, as of July 2028, the NextGen Bar Exam materials will replace the

current UBE materials as the sole basis for score portability between UBE jurisdictions;

WHEREAS, this Court, with the assistance of the Maryland State Board of Law

Examiners (“SBLE”), has studied whether to adopt the NextGen Bar Exam and, if so, when

to begin administering the NextGen Bar Exam in Maryland; and

WHEREAS, the NextGen Bar Exam will test a broad range of foundational

lawyering skills, using a focused set of clearly identified fundamental legal concepts and

principles needed in today’s practice of law; and

WHEREAS, Maryland has an interest in remaining a UBE jurisdiction where

successful takers of a nationally administered Bar Examination may avail themselves of

score portability; and

WHEREAS, SBLE has recommended that this Court adopt the NextGen Bar Exam,

and that the first administration of the NextGen Bar Exam in Maryland be in July 2026;

WHEREAS, SBLE has consulted with officials at the University of Maryland

Francis King Carey School of Law and the University of Baltimore School of Law, who

have informed SBLE that their respective law schools support the adoption of the NextGen

Bar Exam; and

WHEREAS, this Court is satisfied that, beginning with its first administration in

July 2026, the NextGen Bar Exam, in combination with the MLC, will provide a sound

basis for assessing competence to enter the practice of law in Maryland; and

WHEREAS, it will be necessary to amend certain provisions of the Maryland Rules

to account for the change from the current UBE materials to the NextGen Bar Exam

materials, and to ensure UBE broad score portability during and after the NextGen

transition period; it is this 1st day of November, 2023, hereby

ORDERED by the Supreme Court of Maryland that

1. Maryland shall adopt the NextGen Bar Exam; and

2. The first administration of the NextGen Bar Exam in Maryland shall be in

July 2026; and

3. The Standing Committee on Rules of Practice and Procedure shall propose

new Rules and/or amendments to the existing Maryland Rules of Procedure,

as necessary to allow SBLE to administer the NextGen Bar Exam beginning

with the July 2026 administration of the NextGen Bar Exam and to ensure

broad UBE score portability during and after the NextGen transition period;

4. SBLE shall incorporate the subjects of Family Law and Trusts and Estates

(beyond Maryland-specific distinctions) into the MLC until such time as the

NextGen Bar Exam includes those subjects in portions of the exam that test

substantive legal knowledge.

/s/ Matthew J. Fader

Matthew J. Fader, Chief Justice

/s/ Shirley M. Watts

Shirley M. Watts, Justice

/s/ Michele D. Hotten

Michele D. Hotten, Justice

/s/ Brynja M. Booth

Brynja M. Booth, Justice

/s/ Jonathan Biran

Jonathan Biran, Justice

/s/ Steven B. Gould

Steven B. Gould, Justice

/s/ Angela M. Eaves

Angela M. Eaves, Justice

Filed: November 1, 2023

/s/ Gregory Hilton

Gregory Hilton

Clerk

Supreme Court of Maryland

Pursuant to the Maryland Uniform Electronic Legal Materials

Act (§§ 10-1601 et seq. of the State Government Article) this

document is authentic.

2023-11-01

08:04-04:00

Gregory Hilton, Clerk