Emma Wordsmith
Prior to attending law school at the University of Oregon, Bailey McQueeny-Rose gained experience in reproductive health care, first as a medical assistant and later as a trainer. She trained others for the same role, overseeing training in six different states. This experience highlighted the discrepancies in health care access based on state laws and motivated her to consider a career as a civil rights lawyer.
Initially planning to take the bar exam after completing her law degree, McQueeny-Rose found a new pathway to practice law in late 2023 in Oregon. This alternative route allows graduates to gain admission to the Oregon bar through supervised on-the-job training instead of the traditional multiday bar exam format offered by most states twice a year.
Graduates pursuing this pathway must complete 675 hours of supervised work under a licensed attorney’s guidance and submit a work portfolio for evaluation by the Oregon Board of Bar Examiners. Those admitted under the Supervised Practice Portfolio Examination (SPPE) must also pass an ethics exam, similar to traditional bar exam takers.
Bailey McQueeny-Rose expressed her preference for the SPPE pathway over the traditional bar exam, emphasizing the hands-on experience it offers in working with civil rights employers and learning the day-to-day responsibilities of a civil rights lawyer.
Several states, including Minnesota, Nevada, Utah, and Washington, are exploring similar alternative pathways to licensure, shifting away from the reliance on the bar exam as the sole entry point into the legal profession. Moreover, Arizona, South Dakota, Texas, and California have shown interest in alternative programs, with New Hampshire having implemented a version of supervised practice since 2005 for selected law school graduates.
Many states view alternative licensure as a means to guide graduates toward underserved legal areas or regions lacking adequate legal representation, such as rural communities.
Challenges in meeting the demand for public defenders in Oregon and other states, especially in expansive rural areas, have spurred the adoption of new licensure pathways. These initiatives also aim to promote diversity in the legal profession, addressing the traditional barriers faced by marginalized groups in passing the bar exam.
Oregon Supreme Court Chief Justice Meagan Flynn highlighted the diverse approaches taken by other states in response to Oregon’s licensure innovation. Flynn serves on a national committee tasked with recommending changes to the bar admissions process to enhance diversity in the legal profession through the National Center for State Courts.
State bar exams, with varying passing scores, often fail to assess essential lawyering skills, particularly those crucial for client interactions and legal practice, according to critics. Some states utilize the Uniform Bar Exam, while others have state-specific assessments.
Catherine Bramble, an associate professor at Brigham Young University Law School, argues that the bar exam’s limited assessment methods do not gauge the practical skills required for effective legal practice. Research indicates that newly licensed lawyers benefit from practical experience and supervision, underscoring the need for revised licensure models.
In Utah, the state Supreme Court is contemplating a supervised practice proposal that mandates law school applicants to complete a core curriculum alongside 240 hours of supervised practice, including client-facing and pro bono work. Pro bono service exposure early in a lawyer’s career fosters ongoing commitment to such work, promoting community service engagement.
Nevada’s proposed licensure rules emphasize the importance of effective client representation by enabling law students to fulfill most licensure requirements during their academic tenure at the William S. Boyd School of Law, University of Nevada, Las Vegas.
In addition to the traditional bar exam and SPPE, the Oregon Supreme Court is evaluating a third licensure path. This alternative route permits students to satisfy coursework and supervised practice obligations during law school, culminating in licensure upon graduation.
The upcoming NextGen test by the National Conference of Bar Examiners, focusing on foundational lawyering skills like client counseling and dispute resolution, signals a shift in the national bar exam’s assessment criteria.
Law schools have increasingly integrated practical skills into their curricula to better prepare students for legal practice. Deborah Jones Merritt, professor emerita at the Ohio State University Moritz College of Law, advocates for reforms to address the bar exam’s inequities in evaluating legal competency, particularly for individuals from underrepresented groups.
The COVID-19 pandemic prompted several states to reconsider the necessity of traditional bar exams in 2020 due to public health concerns. Exploring alternatives, some states, including the District of Columbia, granted diploma privilege to law graduates, eliminating the bar exam requirement.
A notable development in 2021 was the American Bar Association’s release of bar exam passage rate statistics by race for the first time, revealing disparities favoring white test takers. These findings underscored the need to address discriminatory practices within the legal licensure process.
The bar exam’s drawbacks, such as its high cost and time-intensive nature, pose significant barriers for aspiring lawyers. Brian Gallini, a key proponent of licensure reforms in Oregon, emphasized the financial burdens and obstacles faced by law school graduates preparing for the bar exam.
Implementing changes to licensure processes presents challenges, with critiques from traditionalists arguing for the retention of bar exam rituals as a rite of passage for aspiring lawyers.
While only a few 2024 law school graduates in Oregon have chosen the new pathway so far, the establishment of post-graduate fellowships and clerkships aims to increase participation. These programs target placements in underserved legal areas, fostering practical experience and specialization.
McQueeny-Rose will join Levi Merrithew Horst, a law firm in Portland, Oregon, focusing on civil rights cases, including police misconduct and class-action suits. Her decision to pursue the SPPE program reflects her commitment to Oregon and her passion for contributing to positive change within the state.
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