Washington will admit some new lawyers without a bar exam score.

Washington applicants who could not take the July 2026 bar exam in Yakima may qualify for admission without a passing exam score. The Washington Supreme Court authorized that option on August 6 after a technology failure led the Washington State Bar Association to cancel the administration for most applicants.

The relief does not apply to every affected applicant. Prior exam history, whether an applicant completed the July exam, and a written election submitted by noon on August 14 determine the available path.

Washington adopted the National Conference of Bar Examiners' NextGen Uniform Bar Examination in March 2024. It joined the first group of jurisdictions to administer the exam in July 2026, the first operational administration of the NextGen UBE anywhere.

A technology failure stopped testing in Yakima on July 28

Approximately 2,643 applicants participated at 16 testing locations across 10 jurisdictions, according to NCBE. Approximately 700 were scheduled to test in Washington.

Testing began Tuesday, July 28. The WSBA could not start the exam for applicants at the Yakima Convention and Event Center because of a technology failure at the venue. It canceled the entire July administration in Yakima that day.

Renata de Carvalho Garcia, the WSBA's chief regulatory counsel, said the association did "not have sufficient confidence that the technology issues have been resolved." Applicants with approved testing accommodations completed their exams without disruption.

NCBE reported issues at three testing locations in three jurisdictions. Starts were delayed in Maryland and Missouri, and Washington was the jurisdiction that canceled. NCBE said it was working with the affected jurisdictions to determine what occurred. The Washington Supreme Court later said the causes were still being investigated and had not been fully identified.

The August 6 order divided applicants into three groups

The court entered Order No. 25700-B-753 as emergency action under APR 3. It described the experience as "profoundly disruptive" for applicants who could not test through no fault of their own.

The first group consisted of applicants registered in person under specified APR 3 provisions who could not sit in Yakima and had never previously failed to earn a minimum passing bar exam score in any United States jurisdiction. They could accept an exam waiver and seek admission by court order, or transfer their application to the September 2026 or February 2027 NextGen UBE without another WSBA application fee or NCBE exam fee.

The election was due by email to the WSBA by noon on August 14. It became final upon receipt. An applicant who did not respond by the deadline was deemed to have withdrawn, received a full refund of both fees, and lost eligibility for admission by waiver.

Applicants who selected the waiver could not sit for the September exam. They may take a later exam at their own expense under the generally applicable rules. Paragraph 1 was entered by majority, with Chief Justice Stephens and Justices Johnson, Whitener and Angelis dissenting. The September restriction drew dissents from Justices Gordon McCloud and Whitener.

The second group consisted of affected applicants who previously took a bar exam in a United States jurisdiction without earning a minimum passing score. They could not receive a waiver. They could transfer to September 2026 or February 2027 without the two fees, subject to the same August 14 election and withdrawal terms. Justice Gordon McCloud dissented from that paragraph.

The third group consisted of applicants who completed the July exam. They will receive scores and could not seek a waiver or sit for the special September administration. Those who do not pass may take the February 2027 Washington exam without the WSBA application fee or NCBE exam fee, subject to the remaining deadlines and requirements. That paragraph drew three dissents and one abstention.

Waiver applicants become eligible for admission after October 9. By November 28, 2029, they must complete the APR 5 preadmission requirements, including the Washington Law Component and oath, and provide an MPRE score of at least 85. They remain subject to character and fitness review and continuing disclosure duties while their applications are pending.

On August 14, the court declined the WSBA Board of Governors' request to reconsider. It said the August 6 order would stand without modification.

Later orders extended intern licenses and preserved MPRE scores

On August 12, the court entered Order No. 25700-B-754 under its emergency authority concerning APR 9. The order covers Yakima applicants who do not qualify for a waiver, decline one, or completed the July exam.

Those applicants may request an extension of an existing Licensed Legal Intern license or apply for a new license even if more than nine months have passed since graduation or completion of the APR 6 law clerk program. Upon a WSBA recommendation confirming eligibility, the court will extend or issue the license through July 31, 2027.

A September 4 order addressed MPRE scores. APR 4(d) ordinarily requires a passing MPRE score earned no earlier than three years before the date of the UBE administration in which the applicant earns a passing score. Some affected applicants faced expiration before the September 2026 or February 2027 exams.

Order No. 25700-B-758 provides that scores of 85 or higher remain valid for affected Yakima applicants who pass either of those administrations, notwithstanding the ordinary expiration rule. The WSBA posted notice of the order on September 11.

The make-up exam produced 171 completed examinations

The special NextGen UBE administration took place September 1 and 2 at the University of Washington Tacoma. Of 172 participating examinees, 171 completed the exam.

Before testing, the WSBA said it worked directly with UW Tacoma and NCBE to verify the venue's technology capabilities. Scores from the July and September administrations are scheduled for release on October 9.

That date also controls two other events. Waiver applicants become eligible for admission after October 9, assuming they satisfy the applicable admission requirements. Registration also opens for the WSBA's courtesy seating policy.

Under that policy, lawyers admitted by waiver may take the February 2027 or July 2027 Washington exam to obtain a portable NextGen UBE score. Registration and technology fees apply. The WSBA says a later exam result will not affect admission or eligibility for admission by waiver.

Three consequences for practicing attorneys

The orders reach start dates, score portability, and the status of supervised practice.