Nine students in pilot program could become lawyers without passing bar exam

Nine South Dakota law school students have been selected as the first participants in a pilot program that could allow them to become lawyers without passing the state bar exam.

The Public Service Pathway Bar Admission Pilot Program is an outgrowth of a yearslong debate on the value of the bar exam as a measure of fitness for legal service in the state. For about a decade, bar exam critics in South Dakota have criticized the timed test as a barrier to the profession that can prevent otherwise competent lawyers from service based not on their ability, but on slower reading speeds or extra time spent fine-tuning their analysis.

Pilot program will allow new lawyers to swap public service for the bar exam

The pilot program creates an alternative route to bar licensure by combining legal education and practical experience. Law school students selected for the program must complete a minimum of two years of full-time public service employment, such as in the office of a state’s attorney or public defender, upon admission to practice law in the state.

The University of South Dakota Knudson School of Law, in partnership with the host public service entities, selected the nine participants from 13 applicants.

“This program reflects our commitment to shaping lawyers who are not only skilled and ethical but also dedicated to serving the public good,” said Knudson School of Law Dean Neil Fulton in a news release. “It provides an innovative, rigorous pathway to licensure that emphasizes real-world experience and professional responsibility.”

Participants have been placed to work with the Minnehaha County Public Defender’s Office in Sioux Falls, Brown County State’s Attorney’s Office in Aberdeen, Minnehaha County State’s Attorney’s Office in Sioux Falls, Pennington County State’s Attorney’s Office in Rapid City, and the Federal Public Defender’s Office in Sioux Falls. Attorneys with the host entities will supervise, mentor and assist each participant.

Program participants will be required to submit a portfolio of their work during the program. The Board of Bar Examiners will evaluate the work and perform a character and fitness review of each participant before making a recommendation regarding a participant’s admission to practice as an attorney in South Dakota.

The five-year pilot program is administered through the cooperation of the USD Knudson School of Law and the state Board of Bar Examiners. The program is open to students at the law school and limited to a maximum of 10 students that meet specific criteria in each law school class during the pilot.