The Washington state Supreme Court said Thursday that recent law school graduates whose attempt to take the bar exam last week was marred by technology issues can receive a waiver to practice law in the state without passing the test.
The waiver option will be available to first-time applicants who were unable to take the test in late July, when it was canceled after an hourslong technology issue. According to the court, applicants can either choose to accept the waiver or take the test during a makeup session in September, or at a later date.
People who have previously failed the test are not eligible for the waiver, and can instead choose to take the exam at a later date or receive a refund.
Applicants must inform the Washington State Bar Association by noon on Aug. 14 by emailing admissions@wsba.org.
Matthew James Sanders, director of the King County Department of Public Defense, wrote in a letter to state Supreme Court Justice Debra Stephens that applicants, like all new attorneys, would receive "intensive supervision from experienced supervising attorneys" and a reduced caseload to "ensure they provide competent and diligent representation."
In the announcement, the court said there was "no perfect resolution and certainly none that satisfies everyone, including the members of the Court." The court adopted the resolution with a majority vote.
"The experience was devastating for the many applicants who spent years preparing to become licensed lawyers in Washington. Much of the public discussion about what happened reflects partial information, or, in some instances, is outright incorrect."
The statement adds that while an investigation is needed to determine the cause of the technology issue, "waiting for that full investigation is not possible before taking further action."
"Applicants, employers, law schools, and the broader community need clarity and resolution," the statement says.
The Washington Bar Association announced July 29 it had canceled the exam after the technology issue made the test impossible to administer to the 645 applicants registered to take it.
The National Conference for Bar Examiners, which administered a new version of the test for the first time, said about 2,624 applicants in 10 jurisdictions across the country had registered to take the exam. Like Washington, sites in Missouri and Maryland also experienced delays and issues, though applicants were eventually able to continue the exam.
Applicants, and the deans of law schools at the University of Washington, Seattle University and Gonzaga University, previously asked the court to grant applicants a waiver to allow graduates of accredited law schools to practice law without passing the exam.
According to a statement issued by Gonzaga University, 110 graduates were affected by the cancellation of the test.
Law school graduates who spoke to The Spokesman-Review said many applicants had job offers that were contingent on passing the bar exam, and expressed concern that those offers would be withdrawn.
"This response to the July 2026 bar exam failure strives to balance the needs of the public, the profession and applicants who were unable to take the test through no fault of their own," the court said in a statement. "Our legal community supports and welcomes new WSBA members and strives to strengthen the profession through mentorship, continuing education and a commitment to service and excellence."
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