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South Dakota moves to adopt new bar exam for attorneys

Changes are looming for aspiring South Dakota lawyers.

Beginning in 2027, an updated bar exam will be young attorneys’ final step before entering practice.

The NextGen Bar exam, the newly approved test for attorneys to begin practicing law, has already been adopted in 29 other states.

Some say the update offers a more practical, less philosophical examination of lawyering skills. That includes South Dakota Supreme Court Chief Justice Steven Jensen.

“More experiential, practice based," Jensen said. "So, a lot of the questions will be more about the things you might typically see in practice versus sometimes more esoteric questions. I think if there’s been any challenge in the profession, you need to make sure lawyers are really ready to go out there and practice.”

Jensen said state leaders are still working out precisely what this change means.

“We’re really in the beginning phases of that and there’s still work to be done in terms of what’s the appropriate pass score – things like that – but I am excited from the standpoint of I think it’s going to be a test that will better tell us if someone’s really prepared to practice in South Dakota,” Jensen said.

But for currently enrolled law students, 2027 is a hard date.

“Law students that are currently in first year of law school already know that’s the exam they’re going to be taking," Jensen said. "They can start thinking about studying for that exam, what that looks like, and the law school can begin to prepare.”

Materials for the NextGen Bar can be found online here.

C.J. Keene is a Rapid City-based journalist covering the legal system, education, and culture