At its May 14–15, 2026, meeting, the Board of Trustees concurred with and approved the Committee of Bar Examiners’ (CBE) recommendation that the California Supreme Court adopt the National Conference of Bar Examiners’ (NCBE) NextGen Uniform Bar Exam (NextGen UBE) for administration beginning in July 2028. The Board also agreed with and adopted the CBE’s recommendation to adopt a California component to the exam as soon as practicable, after giving the required two-year statutory notice. To expedite the development of a California component, the Board approved, as did the CBE, to seek direction from the Supreme Court on which subjects and skills the Court would want to see included. In acknowledgment that the NextGen UBE will be a new exam, and the significant public comment surrounding the CBE’s and Board’s decision-making process, the Board further directed staff to review the NextGen UBE performance data and evaluate the public comments.
In addition to transmitting to the Supreme Court the risk-benefit analysis adopted by the CBE at its April 17, 2026, meeting, the Board directed staff to transmit the report to the California Legislature to satisfy the reporting obligations set forth in Business and Professions Code section 6046.2.
“This has been an exceptionally challenging task, and I want to acknowledge the difficult work undertaken by the Board, the CBE, and our stakeholders as we evaluated all the possible bar exam options before us,” said State Bar Board Chair José Cisneros. “Throughout this process, we worked closely with the CBE to ensure that any recommended pathway would be reliable, grounded in data, and responsive to stakeholder concerns. By recommending the NextGen Uniform Bar Exam to the Supreme Court, while also seeking guidance from the Court on the development of a future California component, we believe we are putting forward a solution that is thoughtful, responsible, and focused on protecting the public while supporting the next generation of California licensees.”
Throughout 2025 and 2026, the Board and the CBE reviewed information about California Bar Exam options, including presentations, cost analyses, stakeholder input, survey results from law school deans and current and prospective licensees, and materials addressing issues raised by the administration of the February 2025 bar exam. Like the CBE’s April approval, the Board’s approval was made as part of the need to transition away from the NCBE’s Multistate Bar Examination, which will be phased out as a standalone option after the February 2028 administration.
In other actions, the Board:
- Approved the Committee on Professional Responsibility and Conduct’s (COPRAC) publication of the updated 2026 Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law (2026 Practical Guidance), which replaces the original 2023 version. The updates were made in response to a directive by the Supreme Court to consider whether additional guidance was warranted regarding lawyer use of agentic AI tools (automated programs that can plan and execute tasks and iteratively work toward a defined goal with minimal or no human intervention), and related guidance is incorporated throughout.
- The 2026 Practical Guidance further:
- Refines definitions and terminology.
- Frames competence as having two distinct components:
- Baseline technological competence; and
- Ongoing independent professional judgment.
- Clarifies that the duty of candor cannot be delegated and that lawyers must review and approve AI outputs.
The Board received an update from staff regarding proposed AI-related amendments to the Rules of Professional Conduct, per the direction of the Supreme Court. The amendments will be considered by the Board at a future meeting after further consideration by COPRAC following an initial public comment period. Any rule changes would require Supreme Court adoption.
The Board also heard a quarterly update on performance metrics from the Office of Chief Trial Counsel (OCTC) highlighting that the number of incoming discipline complaints continues to rise (projected to be over 24,000 for fiscal year 2026) as OCTC staff levels continue to drop.
The Board adopted a support position on AB 2784, the annual legislation authorizing the State Bar attorney licensing fee. The bill maintains attorney licensing fees at current levels and incorporates several Board-adopted legislative priorities. The Board took no position on provisions in AB 2784 relating to the California Lawyers Association and the allocation of affinity program revenue. The Board also adopted additional legislative priorities governing the conduct of meetings and memorializing the structure of the State Bar as a regulatory agency.
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