
Judith Gundersen (Photo by Matt Marton/ABA Journal)
Leading the charge is Judith Gundersen, president of the National Conference of Bar Examiners since 2017. As of early December, 47 jurisdictions have adopted the revamped exam, which moves away from rote memorization and seeks to test skills and readiness to practice.
“We learned we’re testing too broadly, and we’re testing too deeply,” says Gundersen, who adds that the reform process dates back to 2018, when NCBE asked 15,000 stakeholders what is needed to test minimum competency. Through 2024, 327,864 scores had been earned in all jurisdictions since 2011, according to NCBE.
With those marching orders, Gundersen pointed the troops—roughly 97 employees and about two dozen contractors—toward developing a new exam, she says.
The new exam then was a destination “without a true road map,” says Judge Cynthia L. Martin of the Missouri Court of Appeals Western District and a former chair of NCBE’s Testing Task Force.“It is this unbelievable, aggressive, exciting, ambitious project to change the bar exam. She’s just determined and committed to making it the best it could be.” Martin adds that NCBE could have simply confirmed that the UBE is valid and reliable and kept the licensure process the same.
With launch day just months away, Gundersen forges ahead despite intense scrutiny by constituencies, including attorneys, law students, law school administrators and the public.
In response to the early feedback regarding too many topics, NCBE initially cut trusts and estates and family law—causing a firestorm of criticism. NCBE relented and decided to test the topics in ancillary fashion beginning in July of 2026 and by 2028 return them as core testing areas.
“Judy’s listened, the team has listened,” Illinois Chief Justice David Overstreet says. Meanwhile, some have said the new exam isn’t a big enough change, while others have said more information is needed about the test to help candidates prepare.
“The fact that she’s getting it from both sides is probably an indication that she’s pretty well right there in the sweet spot,” Overstreet adds.
Along with developing new question sets, study guides and various protocols, NCBE is moving the test from the in-person, live-proctored pencil-and-paper protocol to the examinees’ personal computers at locations selected by the jurisdictions. It’s a tricky move, many say.
The new exam comes at a hot moment for licensure—just after California flubbed the launch of its state-specific exam and as states, including Arizona and Oregon, offer alternative options to licensure to address legal deserts.
But it’s not a competition among the new licensure methods.
“To the extent we can help to ensure that those alternative paths are consistent and that the public is protected, we’re happy to help out,” says Gundersen, noting that many of those states have also adopted the NextGen exam too.
A graduate of the University of Wisconsin Law School, Gundersen is aware of critics who note she was admitted to the bar via diploma privilege and never took the bar exam.
“Yeah, I’ve heard that,” she says, adding her 25 years at NCBE prepared her well for the role.