Diploma Privilege Without Distinction
The Issue
On July 28, 2026, the Washington State Bar Association (WSBA) canceled the July 2026 bar exam after technology and administrative failures disrupted testing for 645 applicants at the Yakima Convention and Event Center. Subsequently, on August 6, 2026, the Washington State Supreme Court issued Order No. 25700-B-753, granting diploma privilege, i.e., admission to the bar without taking the bar exam, to all applicants except (1) those who had made one or more unsuccessful prior attempts at the bar exam in any U.S. jurisdiction, and (2) those with disability accommodations who took the exam under substandard testing conditions.
The purpose of this petition is to support these excluded candidates. It asks the Court to reconsider its decision and extend diploma privilege to (1) repeat test-takers, as it did in June 2020 via Order No. 25700-B-630, when it granted diploma privilege without distinguishing candidates based on the number of prior attempts, and (2) all candidates with disability accommodations regardless of exam completion status.
Currently, repeat test-takers have three options: (1) sit for the exam in September 2026, (2) sit for the exam in February 2027, or (3) withdraw their application for a refund of the WSBA application fee and National Conference of Bar Examiners (NCBE) exam fee. Candidates who took the exam with disability accommodations must await results for their July attempt and, if they did not pass, sit for the February 2027 bar with a credit for their WSBA application fee and NCBE exam fee.
However, these options are inadequate to remedy the actual harms applicants are experiencing as a result of the July 2026 administrative failure. In addition to costs already incurred for the canceled July exam, repeat candidates will face further expenses for necessities such as travel to and from the new test site in Tacoma; lodging; food; child care and other domestic responsibilities; lost wages from legal employment; and medical expenses due to delayed access to employer-sponsored health insurance. These costs are particularly devastating for candidates who went into debt to prepare for the July exam, those who work or have caregiving responsibilities, and those traveling from outside of Washington or the U.S.
Accommodated candidates who did not pass their July attempt will have to incur these costs for a February retake. Requiring this retake would cement first-time candidates among this group as the only applicants being denied licensure for July, effectively identifying them to employers and the broader public as disabled individuals who failed the exam. This has far-reaching career consequences beyond the bar exam and would exacerbate harm to a uniquely vulnerable class of candidates who already face higher barriers to licensure and employment due to discrimination and systemic accessibility issues within the legal profession.
It is important to note that accommodated examinees did not experience a normal or fair testing experience. As they faced technical issues, improperly implemented accommodations, unexpected schedule changes, repeated disruptions, and uncertainty about whether they could continue an exam that was being canceled for everyone around them, accommodated examinees were deprived of the opportunity to demonstrate their true testing abilities. These disruptions mean that the Court's order effectively requires accommodated examinees to meet a higher standard than the rest of their peers: to successfully pass the bar while facing unprecedented and substandard testing conditions.
Furthermore, the current remedies also fail to adequately address the harms suffered by the Washington public. Washington has faced a severe attorney shortage for years, with rural counties experiencing the greatest unmet access-to-justice needs. Prosecutor and public defense offices across the state lack adequate staffing to manage their caseloads, leading to significant delays in the administration of justice. In situations where even one additional attorney can make a meaningful difference, denying diploma privilege to entire classes of eligible candidates forces the public to bear the costs of the administrative failures that led to the cancellation and inadequate execution of the July exam.
July marked the debut of an entirely new bar exam format, the NextGen Uniform Bar Exam (NextGen UBE). Because of this, no historical performance data or established pass rates exist for it; the only datasets currently available are those for the Legacy UBE. Therefore, any assumption that a prior Legacy UBE score predicts performance on the NextGen UBE is speculative at best. Excluding repeat test-takers from diploma privilege on conjectural grounds undermines both the equitable rationale underlying diploma privilege and the August 6 order's aim of shielding applicants and the public from bearing the consequences of an extraordinary systemic failure in exam administration.
For these reasons, we ask for your support in requesting that the Washington State Supreme Court expand its diploma privilege order to include all candidates who were registered and qualified to sit for the July 2026 exam. We thank you sincerely for your time and consideration.
564
The Issue
On July 28, 2026, the Washington State Bar Association (WSBA) canceled the July 2026 bar exam after technology and administrative failures disrupted testing for 645 applicants at the Yakima Convention and Event Center. Subsequently, on August 6, 2026, the Washington State Supreme Court issued Order No. 25700-B-753, granting diploma privilege, i.e., admission to the bar without taking the bar exam, to all applicants except (1) those who had made one or more unsuccessful prior attempts at the bar exam in any U.S. jurisdiction, and (2) those with disability accommodations who took the exam under substandard testing conditions.
The purpose of this petition is to support these excluded candidates. It asks the Court to reconsider its decision and extend diploma privilege to (1) repeat test-takers, as it did in June 2020 via Order No. 25700-B-630, when it granted diploma privilege without distinguishing candidates based on the number of prior attempts, and (2) all candidates with disability accommodations regardless of exam completion status.
Currently, repeat test-takers have three options: (1) sit for the exam in September 2026, (2) sit for the exam in February 2027, or (3) withdraw their application for a refund of the WSBA application fee and National Conference of Bar Examiners (NCBE) exam fee. Candidates who took the exam with disability accommodations must await results for their July attempt and, if they did not pass, sit for the February 2027 bar with a credit for their WSBA application fee and NCBE exam fee.
However, these options are inadequate to remedy the actual harms applicants are experiencing as a result of the July 2026 administrative failure. In addition to costs already incurred for the canceled July exam, repeat candidates will face further expenses for necessities such as travel to and from the new test site in Tacoma; lodging; food; child care and other domestic responsibilities; lost wages from legal employment; and medical expenses due to delayed access to employer-sponsored health insurance. These costs are particularly devastating for candidates who went into debt to prepare for the July exam, those who work or have caregiving responsibilities, and those traveling from outside of Washington or the U.S.
Accommodated candidates who did not pass their July attempt will have to incur these costs for a February retake. Requiring this retake would cement first-time candidates among this group as the only applicants being denied licensure for July, effectively identifying them to employers and the broader public as disabled individuals who failed the exam. This has far-reaching career consequences beyond the bar exam and would exacerbate harm to a uniquely vulnerable class of candidates who already face higher barriers to licensure and employment due to discrimination and systemic accessibility issues within the legal profession.
It is important to note that accommodated examinees did not experience a normal or fair testing experience. As they faced technical issues, improperly implemented accommodations, unexpected schedule changes, repeated disruptions, and uncertainty about whether they could continue an exam that was being canceled for everyone around them, accommodated examinees were deprived of the opportunity to demonstrate their true testing abilities. These disruptions mean that the Court's order effectively requires accommodated examinees to meet a higher standard than the rest of their peers: to successfully pass the bar while facing unprecedented and substandard testing conditions.
Furthermore, the current remedies also fail to adequately address the harms suffered by the Washington public. Washington has faced a severe attorney shortage for years, with rural counties experiencing the greatest unmet access-to-justice needs. Prosecutor and public defense offices across the state lack adequate staffing to manage their caseloads, leading to significant delays in the administration of justice. In situations where even one additional attorney can make a meaningful difference, denying diploma privilege to entire classes of eligible candidates forces the public to bear the costs of the administrative failures that led to the cancellation and inadequate execution of the July exam.
July marked the debut of an entirely new bar exam format, the NextGen Uniform Bar Exam (NextGen UBE). Because of this, no historical performance data or established pass rates exist for it; the only datasets currently available are those for the Legacy UBE. Therefore, any assumption that a prior Legacy UBE score predicts performance on the NextGen UBE is speculative at best. Excluding repeat test-takers from diploma privilege on conjectural grounds undermines both the equitable rationale underlying diploma privilege and the August 6 order's aim of shielding applicants and the public from bearing the consequences of an extraordinary systemic failure in exam administration.
For these reasons, we ask for your support in requesting that the Washington State Supreme Court expand its diploma privilege order to include all candidates who were registered and qualified to sit for the July 2026 exam. We thank you sincerely for your time and consideration.
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Petition created on August 7, 2026