South Dakota Supreme Court Chief Justice Steven R. Jensen sent a letter to members of the South Dakota bar today (Thursday) outlining upcoming and possible changes in legal education and bar admissions.
Jensen said that the bar examination will be around for most applicants for admission. However, he wrote that the court will move to the NextGen bar exam. That is more focused on the practical application of the law. However, it is still being developed and may not be available until 2026 at the earliest.
He said the Bar Admission Study Steering Committee also recommends that a future lawyer either needs to pass an Indian Law question on the bar or take an Indian Law course at an ABA-accredited law school.
Jensen also noted the alternative public service pathway recommendation without having to take a bar examination.
“In addition to the traditional law school grading of their course work, the Board of Bar Examiners would independently review the portfolio of work from the students during the program to assess minimum competence to practice law.”
Students going through the public service route must also pass the Multistate Professional Responsibility Exam and pass a character and fitness review from the Board of Bar Examiners. Those who meet these requirements would be licensed to practice law upon graduation from the University of South Dakota Law School.
“The public service pathway to admission has the potential to create law students who are more practice-ready upon graduation and committed to work in a public service field,” the Chief Justice wrote.
There will be a webinar on Feb. 2, 2024, for South Dakota lawyers to learn more about the recommendations from the Steering Committee.