Chief justice: New attorney licensing pathway could be tougher than bar exam

Law school graduates will soon have an alternative to passing the bar exam to become licensed attorneys in New Mexico, under a new skills-based pathway approved by the state Supreme Court this week.

The program will allow graduates to obtain provisional licenses, complete at least 675 hours of paid legal work under supervision and submit portfolios demonstrating their abilities. The State Board of Bar Examiners will evaluate the portfolios and determine whether applicants are qualified for full licenses.

“There are a lot of places where there just are not enough lawyers,” Chief Justice Julie J. Vargas told KOAT in an interview.

Two-thirds of New Mexico’s 33 counties have fewer than one lawyer per 1,000 residents, making them “legal deserts” under the American Bar Association’s definition. The court hopes the program will increase access to legal services, particularly in rural communities.

Vargas said the pathway could prove more rigorous than the traditional bar exam because applicants must demonstrate practical skills while working with clients and handling legal matters.

“We’re going to find that this program is more rigorous than the bar exam,” Vargas said.

How the program will work

Applicants must have a law degree, pass a character and fitness review, complete an attorney ethics test and secure a qualified supervising attorney or host organization. Host organizations could include law firms, government agencies and civil legal aid providers.

Qualified applicants will receive provisional licenses allowing them to perform legal work under supervision. They may work in criminal, civil, administrative, workers’ compensation and other areas of law.

Their portfolios must demonstrate competence in areas including:

• Drafting briefs, pleadings and other legal documents
• Meeting and communicating with clients
• Advocating before judges or hearing officers
• Conducting negotiations and investigations
• Interacting with opposing counsel, judges and other legal professionals
• Managing a law practice

Supervising attorneys will certify the applicants’ work before portfolios are submitted to the State Board of Bar Examiners, the same body that administers and grades the traditional bar exam.

Participants must complete the 675 hours within 12 months, though a six-month extension may be available in exceptional circumstances.

Participants will be paid

Participants will be paid similarly to other first-year lawyers, Vargas said. The option could allow graduates to begin earning money immediately after law school rather than spending months preparing for the bar exam and waiting for results.

Vargas estimated that bar preparation courses and examination fees can total about $6,000.

The program’s participants will remain under attorney supervision during client meetings, courtroom appearances and other legal work. They also will be subject to the same professional disciplinary system as fully licensed attorneys and must have malpractice insurance.

Vargas said the pathway could particularly benefit district attorneys’ offices and public defenders, which could put new hires to work in court sooner. It also could help rural lawyers train successors before retiring.

Applicants may graduate from law schools anywhere in the country, provided they satisfy New Mexico’s requirements.

Applications expected in 2027

Vargas said officials expect the program to begin with a small group, potentially about 10 applicants in its first year.

New Mexico’s pathway is modeled in part on a supervised-practice program Oregon launched in 2024. Arizona, Nevada, New Hampshire, South Dakota, Utah and Wisconsin also offer alternatives to the bar exam. Several other states are considering similar changes.

The New Mexico Supreme Court has not announced an official start date, but it expects the State Board of Bar Examiners to begin accepting applications by mid-2027.

The traditional bar exam will remain available.

Beginning in July 2027, New Mexico plans to administer the NextGen Uniform Bar Examination, which is designed to better assess the knowledge and practical skills attorneys need when entering the profession. The current bar exam will be phased out nationwide by 2028.