Delaware judiciary announces changes to the bar

The Delaware bar exam for attorneys will be reformed to modernize the process, not lower expectations, said the chief justice.

Chief Justice Collins J. Seitz Jr. said modernization will better reflect how other states handle admission to the bar.

However, officials said, changes include lowering a passing score of 145 to 143, and reducing the number of written essays from eight to four. Topics for the essays will be reduced from 14 areas of law to 10.

The Delaware Bar exam also will be offered twice a year, instead of only once in July. Starting in 2024, officials said, an exam will be offered in February.

“Delaware is the only state to hold the bar exam just once a year. This can frustrate applicants because if they fail to pass the exam, which may be required for them to keep or land a job in Delaware, they have to wait a full year before they can try again,” Seitz said in a prepared statement. “The bar exam is not supposed to be a barrier to entering the profession but is supposed to be a test of an applicant’s ability to successfully practice law in Delaware, and I believe these reforms will help better reflect that purpose.” 

Changes to the bar exam – long considered one of the most challenging in the nation – come following an effort to build and sustain a more diverse Delaware Bench and Bar, and a strategic plan to improve the bar admissions process.

The Delaware Board of Bar Examiners recommended changes using input from members of the judiciary, the bar and experts in professional licensing, testing and psychometrics, officials said.

Seitz said he believes these reforms will keep Delaware competitive in attracting top legal talent, and keep Delawareans interested in the law from going elsewhere.

In addition, the Supreme Court adopted several reforms to the admissions process for attorneys such as:

• A reduction of clerkship requirements from a 21-week commitment to 12 weeks
• A reduction in the checklist of activities for candidates – where potential lawyers need to sit in on certain legal proceedings – from a mandatory list of 25 items to 18 out of 30 potential items
• A reduction in the late application fee from $1,400 for law school graduates to $900, and from $1,600 for attorneys admitted in another jurisdiction to $1,000.

Other internal changes include partnering with the National Conference of Bar Examiners to compile the character and fitness application for the board’s review.

All the changes will go into effect in time for the next administration of the Delaware Bar exam in July.