The New Mexico Supreme Court has approved a new program for law graduates to become licensed attorneys without taking the traditional bar exam.
The court announced the change Tuesday. Graduates who choose this new route must work under the supervision of a qualified attorney for at least 675 hours over 12 months and submit a portfolio of their work demonstrating practical legal competencies, which have to be reviewed by the Board of Bar Examiners.
“The skills-based pathway to licensure ensures that new attorneys possess the practical, on-the-job lawyering skills needed to help New Mexicans,” Chief Justice Julie J. Vargas said in a statement. She believes the new program will “increase the number of attorneys in New Mexico to address unmet legal needs, particularly in rural areas where it is difficult to find a lawyer.”
‘Legal Desert’
Two-thirds of 33 counties in New Mexico have fewer than one lawyer for every 1,000 residents. The American Bar Association defines this scarcity as a legal desert. About 85 percent, or 8 in 10, of the state’s lawyers reside and practice in the larger cities of Albuquerque, Las Cruces, and Santa Fe, resulting in a number of counties having no resident attorneys. The only law school in New Mexico is at the University of New Mexico, which produces about 100 students every year.
A Supreme Court-appointed committee of lawyers, judges, and law professors recommended the skills-based pathway after studying attorney licensure issues for more than one year. The committee concluded that the traditional bar exam does not completely evaluate the range of skills needed for practice. Instead, it creates financial obstacles, with preparation and testing costing more than $6,000, and contributes to the shortage.
Accredited School
Applicants must finish their law education from an ABA-accredited law school. They have to pass a character-and-fitness review and achieve a qualifying score on the Multistate Professional Responsibility Examination. And they must also secure a supervising attorney or host organization, including a law firm, government office, or civil legal aid provider.
Successful applicants will receive a provisional license that allows them to perform legal work under a supervising attorney while building their portfolio.
The portfolio must show the applicants’ competence in written legal work such as briefs and pleadings, client meetings, advocacy before a judge or hearing officer, investigations, negotiations, and interactions with other legal professionals. It must also demonstrate basic law practice management. The supervising attorney has to certify the work, while the Board evaluates it for minimum competence. An extension of six months of the 12-month period is allowed.
The court ordered the board to formulate the necessary rules, evaluation rubrics, forms, and training materials. Court officials expect the board to start accepting applications by the middle of 2027.
Other States
New Mexico mainly patterns the new program on Oregon’s alternative pathway, which was approved by the Oregon Supreme Court in 2023. That pathway also requires applicants to earn 675 hours of legal practice under a supervising attorney and submit a portfolio. Other states, such as Utah and Minnesota, have also developed similar programs.
Officials expect the new program could help more graduates start earning a living and serving clients sooner. The new pathway also complements existing state efforts, such as the Rural Justice Initiative, expanding clerkships, externships, and support for lawyers in underserved areas.
