Who decides what? Court, board, bar, NCBE and ABA

The short answer

There is no national law license in the United States. Each state decides who practices in its territory, and it does so through its supreme court. The other institutions you will hear about (the board of bar examiners, the bar, NCBE and the ABA) each handle part of the path, but none of them gives you the license on its own.

Knowing who does what saves you time and money: you will know whom to ask, which document to request and which promises not to believe. No one can "get you approved by the ABA," for example: the ABA accredits law schools, it does not admit lawyers.

At a glance

What each institution is, what it does and what it does not do
Who	What it is	What it does	What it does not do
The state supreme court	The state's highest court. In New York it is called the Court of Appeals.	It sets the rules on admission and discipline, and has the final word on who practices.	It does not handle your application day to day: it delegates that to the board of bar examiners and, depending on the state, to the bar.
The board of bar examiners	The admissions office that works for the court. In California it is a committee of the State Bar.	It receives your application, studies whether your education qualifies, gives the bar exam and, in many states, investigates your character and fitness.	It does not write the national exam (NCBE does) or give you the license (the court does).
The bar (State Bar)	It depends on the state: in Florida, membership is required to practice; in New York, the statewide bar is a voluntary association.	Where it is mandatory: membership, lawyer discipline and continuing legal education (CLE). In California, it also handles admission.	In Florida it has no control over admissions. Where it is voluntary, it does not regulate: it is a professional association.
NCBE	The National Conference of Bar Examiners, a nonprofit organization founded in 1931.	It prepares the exams most states use and, for some of them, investigates applicants' character.	It does not decide who is admitted or who may take the exam: each state decides that.
The ABA	The American Bar Association, a voluntary national professional association.	Its council on legal education, independent from the ABA, accredits J.D. programs with the recognition of the Department of Education.	It does not grant licenses, does not discipline lawyers and does not decide whether your foreign degree qualifies you for the exam.

One by one

The state supreme court

State supreme court

Each state regulates the legal profession through its highest court. In Florida, the Constitution gives the Supreme Court exclusive jurisdiction over the admission and discipline of lawyers, and The Florida Bar describes it as the final authority on both. In New York, the Court of Appeals sets the admission rules (Part 520), and applicants are admitted by one of the four departments of the Appellate Division.

For you: The rules that apply to you are in the admission rules of your state's court. They are the source we cite in each state guide.

See the state-by-state guides

The board of bar examiners

Board of bar examiners

It is the office that handles your file. In Florida, the Board of Bar Examiners is an administrative agency created by the Supreme Court to apply the admission rules. In New York, the Board of Law Examiners gives the exam and certifies to the Appellate Division those who pass it; character and fitness are reviewed by the Appellate Division. In California, the State Bar's Committee of Bar Examiners oversees the exam and the moral character review, and recommends to the Supreme Court those who qualify.

For you: Your questions about whether your degree qualifies, deadlines and documents go to your state's board, not to the ABA or NCBE.

See the admission routes

The bar

State Bar · bar association

"State Bar" does not mean the same thing in every state. In Florida, every practicing lawyer must be a member of The Florida Bar, which investigates and prosecutes lawyer discipline but has no direct control over admissions. In New York, the statewide bar (the New York State Bar Association) is a voluntary association, the first of its kind in the country. In California, the State Bar also handles admission, through its Committee of Bar Examiners.

For you: Besides the state bar there are voluntary associations of Hispanic lawyers, by country of origin and by specialty. In each state guide we list the ones in that state.

See the Florida associations

NCBE

National Conference of Bar Examiners

It is a nonprofit organization, founded in 1931. It prepares the exams most states use (the MBE, the MEE, the MPT and the MPRE ethics exam), coordinates the uniform exam (UBE), whose score can be carried from one state to another, and, for some states, investigates applicants' character and fitness; in Florida, for example, it does so for Foreign Legal Consultants. It is introducing a new exam, NextGen: Florida will give it, with a Florida law component, from July 2028.

For you: NCBE gives you the exam, but who may take it and with which degree is up to the state.

Character and fitness: what they review in your history

The ABA

American Bar Association

It is one of the largest voluntary professional associations in the world. On your path it has a single role: the Council of its Section of Legal Education, independent from the ABA as the Department of Education requires, accredits J.D. programs. Every state supreme court recognizes ABA-approved law schools, and, according to the ABA itself, 46 states require, as a general rule, graduating from one of them to take the exam.

For you: That is why you will hear "ABA-approved law school" so often: in many states, a foreign-trained lawyer needs an LL.M. or other study at one of them. But the ABA does not evaluate your degree or admit you, and since 2026 some states also approve law schools themselves.

Who approves law schools

The word "bar": several different things

"The bar" can mean the exam, the board, the bar association or the license. When someone mentions "the bar," ask which of these they mean:

The bar exam: each state's admission exam.
The board of bar examiners: who gives the exam and studies your application.
The State Bar · the bar association: the organization of the state's lawyers, mandatory or voluntary depending on the state.
Admitted to the bar: holding the license granted by the state's supreme court.

How it all fits together in a state

Three examples, from law school to license.

Florida

The law school: ABA-approved. Since October 1, 2026, the Court can also accept other accreditors.
The Florida Board of Bar Examiners studies your application and gives the exam.
NCBE prepares the national part of the exam; from July 2028, it will be NextGen with a Florida law component.
The Supreme Court of Florida has the final authority over your admission.
The Florida Bar: membership is required to practice, and it handles discipline and continuing legal education (CLE).

The full Florida guide

New York

The Court of Appeals sets the admission rules, including those for people who studied law in another country (section 520.6).
The Board of Law Examiners studies your application and gives the exam: the UBE, the New York Law Exam (NYLE) and the MPRE.
NCBE prepares the UBE and the MPRE.
The Appellate Division reviews your character and fitness and admits you.
The statewide bar (the New York State Bar Association) is voluntary: you can join, or not.

The full New York guide

Texas

The law school: since January 6, 2026, it is approved by the Supreme Court of Texas, with its own list. For now, it is the same schools the ABA approves.
The Texas Board of Law Examiners, nine lawyers appointed by the Court, studies your application, decides whether you are eligible, investigates your character and gives the exam: the UBE, with the Texas Law Component, and the MPRE.
NCBE prepares the UBE and the MPRE; from July 2028, it will be NextGen.
The Supreme Court of Texas sets the admission rules, including those for people who studied law in another country (rule 13), and admits you once the Board certifies you.
The State Bar of Texas is mandatory: your license is not valid until you enroll in it.

The full Texas guide

A little history: Florida and New York

In Florida and in New York, the court regulates lawyers. The difference is the bar: in Florida, the court made it mandatory; in New York it is still a voluntary association.

Florida: the court came first

1907: Lawyers form the Florida State Bar Association, a voluntary association.
1949–1950: The Supreme Court, under its own authority over lawyers, orders the bar to be unified. In 1950 The Florida Bar is born, and the state's 3,758 lawyers become its members.
1955: A statute (section 454.021 of the Florida Statutes) declares that admitting lawyers is a judicial function, governed by the Supreme Court.
1972: Voters approve the new Article V of the Constitution, in force since January 1, 1973. Its section 15 gives the Court exclusive jurisdiction over the admission and discipline of lawyers.

First the court acted, then the law recognized it, and finally the Constitution sealed it. It is a basic idea in the United States: a lawyer is an officer of the court, and that is why the courts regulate lawyers.

New York: the voluntary bar

1876: The New York State Bar Association is born, the first voluntary statewide bar association in the country. It is still voluntary today.
Today: The Court of Appeals sets the admission rules (Part 520), and the Appellate Division admits lawyers and handles their discipline.
Every two years: Every lawyer admitted in New York registers with the Office of Court Administration and pays a fee. A lawyer who does not may be suspended by the Appellate Division.

A voluntary bar does not mean there is no oversight: registration and discipline are handled by the court.

Mandatory or voluntary bar? State by state

According to the ABA, in 31 states and the District of Columbia you must be a member of the bar to practice. In 18 states and Puerto Rico, the bar is voluntary, and Nebraska is a mixed case.

Mandatory

Alabama
Alaska
Arizona
California
District of Columbia
Florida
Georgia
Hawaii
Idaho
Kentucky
Louisiana
Michigan
Mississippi
Missouri
Montana
Nevada
New Hampshire
New Mexico
North Carolina
North Dakota
Oklahoma
Oregon
Rhode Island
South Carolina
South Dakota
Texas
Utah
Virginia
Washington
West Virginia
Wisconsin
Wyoming

Voluntary

Arkansas
Colorado
Connecticut
Delaware
Illinois
Indiana
Iowa
Kansas
Maine
Maryland
Massachusetts
Minnesota
New Jersey
New York
Ohio
Pennsylvania
Puerto Rico
Tennessee
Vermont

Mixed

Nebraska: it keeps the register of lawyers, but in everything else it works as a voluntary bar.

In some states with a mandatory bar there is also a voluntary association: for example, in California (California Lawyers Association), Virginia (The Virginia Bar Association), North Carolina (North Carolina Bar Association) and the District of Columbia.

A voluntary bar does not mean there is no registration: the lawyer is still registered with the state's court. In New York, for example, every two years.

And NAFA? NAFA is none of these institutions and admits no one. UNPAM's credential evaluation tells you what your degree is worth and where to start, but the decision belongs to your state's board and court. In the membership orientation we help you know what to ask each one.

Sources

Reviewed on October 21, 2026. Each state organizes these functions in its own way: always confirm with your state's court or board.

This page is for information and is not legal advice. The decision on your admission belongs to each state's supreme court and board.

And in your state?

Each state guide tells you what your state requires, with the official rule and whom to ask.

See the state-by-state guides See the admission routes