The board voted to adopt a staff recommendation that sets the minimum passing score for the NextGen Uniform Bar Examination at 616, the equivalent of the jurisdiction’s current 266 score, and will forward the proposal to the court for consideration at its December en banc meeting.

Chief Garcia, who presented the admissions-and-licensing recommendation, told the board that the National Conference of Bar Examiners (NCBE) had provided mapping tables and standard-setting data after prototype administrations. “My recommendation is for us to set the minimum passing score as 616, which is equivalent to the current score of 266 for the current exam,” Chief Garcia said, describing the approach as an equivalency exercise rather than a re-evaluation of competence.

Garcia reviewed three inputs the board considered: NCBE’s recommended NextGen range (610–620), WSBA staff’s mapping-based proposal (616), and a submission from law school deans that favored 610 as the lower, equity-minded option. Garcia said the board should monitor results after the NextGen rollout and reassess if necessary. She told governors that Washington will administer its first NextGen bar in July 2026 and that applications are expected to open in February, which constrains the timeline for any additional outreach.

Governors debated trade-offs between access and comparability. Some members argued lowering the pass score would reduce barriers to entry and help legal deserts; others warned that changing the score alongside a new exam would complicate comparisons and the board’s ability to study disparate impact. One governor noted prior court concerns about process and public vetting when the board last considered a score change.

An unnamed board member moved to adopt the 616 recommendation; the motion was seconded (the transcript does not record the seconder by name). The board took a roll call vote. The roll call as recorded in the transcript shows Governor Arneson, Governor Couch, Governor Larry, Governor Dresden, Governor Rathbone and Governor Bloom voting in the affirmative; Governor Bang voting no; Governor Wynne and Governor Whitney marked not present. The chair announced the motion passed with two dissenting votes.

The board’s action will be submitted to the court for its December en banc review; staff emphasized the need to finalize the recommendation in time for that schedule. The meeting then moved to the next agenda item and took a 10-minute break.