Washington bar exam collapse leaves hundreds stranded

So Weber • October 6, 2026 • 4 min read

Washington State Bar Exam failure in 2026 stranded 600+ law students in Yakima due to technical issues, marking the first major UBE digital format collapse.

A cat holding a traditional bar exam blue book and pen and a laptop with no internet.

The Washington State Bar Exam failed in July 2026 after technical issues stranded hundreds of law students in Yakima without completing the test. The two-day NextGen Uniform Bar Examination (UBE), run by the Washington State Bar Association, was canceled for most participants due to bandwidth and connectivity problems—the first major failure of the new digital format, despite its success in other states and territories.

Over 600 law students had traveled to Yakima, east of the Cascade Mountains, to take the exam. Many arranged flights, rental cars, and hotel bookings only to find themselves trapped in exam rooms for hours while administrators worked to resolve the issue. Some managed to finish the test, but most left without clarity on when, or if, they could retake it.

The breakdown occurred as Washington became one of the first states to adopt the NextGen UBE, a digital version of the traditional bar exam developed by the National Conference of Bar Examiners (NCBE). More than 40 jurisdictions plan to transition between 2026 and 2028, but Yakima’s failure exposed significant weaknesses in the system.

Stranded students demand answers as exam collapses

Test takers reported connectivity disruptions early in the exam, forcing long waits while administrators decided whether to continue. Those unable to complete the test remained in exam rooms for hours without breaks, unsure of their next steps. The Washington State Supreme Court decided to grant diploma privilege licenses to those test takers who had not been granted accommodations and had not failed a previous bar exam or who were not licensed in any other state, provided they passed the ethics exam and met character and fitness standards.

Test takers who were eligible for diploma privilege licenses were also given the opportunity to sit for a substitute exam on September 1 and 2 if they wanted a license that would be acknowledged by other states. Unlike California’s 2025 tech failure, where test takers sued for emotional distress and reimbursement, no major legal action has emerged in Washington-though that could change once results are released.

The incident reinforced skepticism about digital testing among some legal professionals. Susan Cohodes, a personal injury attorney who took the bar exam in the 1980s and 1990s, recalled writing answers by hand with erasable ink pens and pink erasers. The contrast between past reliability and current instability was sharp.

Law schools tighten tech rules amid cheating fears

In response, several law schools are revising their tech policies. The University of Chicago, UC Berkeley, UT Austin, and Columbia have restricted laptop use in classes or exams, citing concerns over AI cheating and the limitations of digital proctoring. Cohodes believes that handwriting and manual note-taking can help students hone their writing skills and develop critical thinking abilities in ways that typing cannot.

The September 2026 retest drew fewer than 200 participants, about one-third of the original July cohort. While operations ran smoother, some test takers still experienced minor connectivity issues on the second day. The court also noted that diploma privilege licenses would not be recognized in states where Washington’s ethics exam did not meet reciprocal standards, potentially limiting mobility for new attorneys.

Silent lawsuits loom over flawed retest results

Unlike the California test-takers who faced similar “technical difficulties” last year, as far as I have seen, none of the 600 or so examinees have filed a lawsuit for negligent infliction of emotional distress or, at the very least, for reimbursement of non-refundable hotel or rental car charges. That may change this month, when the state releases the results of the July and September tests, for those who chose to take it.

Any test taker who was granted accommodations and who doesn’t pass could certainly find a clever lawyer to file a lawsuit using the rarely used theory of “Hey, wait a minute, I want diploma privilege too.” Washington’s NextGen UBE includes performance tests requiring real-time digital submissions, raising concerns about incomplete or corrupted files affecting scoring fairness.

In personal injury practice, attorneys like Cohodes have long advocated for handwritten notes to improve client interactions by slowing transcription and encouraging active listening. She still uses a legal pad and blue-black ink in courtrooms, even when opposing counsel relies on tablets. Cohodes noted that if the system fails, you still have a record. The Yakima failure, she added, highlighted the need for backup methods, such as paper answer sheets, to prevent statewide testing disasters.