Opinion
Delivered January 18, 1994
The Board of Law Examiners has submitted proposed amendments in the last paragraph of Rule IX, Examination-Subjects-Passing Grade to permit retention and use of an applicant's passing essay score or passing score on the Multistate Bar Examination in examinations given within the next three years; subparagraph 4 of Rule XII, Requirements For Taking Examination to allow for taking the Arkansas Bar Examination an unlimited number of times; and the fourth paragraph of section A of Rule XIII, General Information, of the Rules Governing Admission to the Bar to provide that the Executive Secretary of the Board shall conduct initial reviews of applications for initial instatement or reinstatement to the Arkansas Bar. Having carefully considered these proposals, the Court adopts the proposed amendments and republishes Rules IX, XII, and XIII in their entirety as amended. The amended Rules become effective immediately.
IX.
EXAMINATION — SUBJECTS — PASSING GRADE
A. GENERAL EXAMINATION
All examinations shall be in writing and shall cover the subjects hereinafter listed and such other subjects as the Board may direct, subject to prior Court approval.
BUSINESS ORGANIZATIONS
This subject heading may include corporations, partnerships, agency and master-servant relationships.
COMMERCIAL TRANSACTIONS
This subject heading may include the general coverage of the U.C.C. This will not include the general subject of contracts and will not include matters relating to warranties under product liability, both of which may be covered under other headings.
CRIMINAL LAW AND PROCEDURE
This subject heading may include constitutional law as it applies to criminal law and procedure.
CONSTITUTIONAL LAW
This subject heading may include both the Arkansas Constitution and the Constitution of the United States. This subject will not be primarily directed to matters relating to criminal law and procedure.
TORTS
This subject heading may include the entire field of TORT law and questions concerning product liability.
PROPERTY
This subject heading may include the law of real property and, or, personal property. Emphasis here should not be placed on the U.C.C. and other such questions arising primarily under the subject heading "Commercial Transactions."
WILLS, ESTATES, TRUSTS
Because of the broad scope of this subject heading, questions concerning taxation shall not be covered. Guardianship of both the person and the estate may be included.
EVIDENCE
PRACTICE, PROCEDURE ETHICS
This subject heading may include both state and federal trial and appellate practice and, where applicable, remedies and choice of forum. This subject may include all Arkansas Supreme Court Rules and Regulations concerning legal or judicial ethics.
EQUITY AND DOMESTIC RELATIONS
CONTRACTS
This subject heading should place emphasis upon the traditional basics of contract law. Only where duplication cannot be avoided, should matters such as the application of the Uniform Commercial Code be covered under this heading.
NOTE: Conflict of Laws is not included as a separate subject on the examination. However, conflict questions may arise in the subjects included on the examination and should be recognized as such.
Applicants must make a combined average grade of 75 percent on all subjects in order to pass.
The Board shall destroy all examination papers, including questions and answers, at the time of the next succeeding bar examination. However, the original copy of each question shall be maintained in accordance with Rule III G(3).
A bar examination applicant may elect to retain either the applicant's average Arkansas essay score or the applicant's Multistate Bar Examination scale score for use in any succeeding examination if such examination is given within three years or six consecutive examination sessions after either score is obtained, whichever period of time is longer. In addition, an applicant may transfer from another jurisdiction a Multistate Bar Examination scale score provided that such score may be transferred for a period of up to three years or six consecutive examination sessions after its acquisition, whichever is longer.
B. MULTISTATE PROFESSIONAL RESPONSIBILITY EXAMINATION
The provisions of Section A of this rule, titled GENERAL EXAMINATION, and the provisions of Rules II and IV of the Rules Governing Admission to the Bar shall govern the semiannual general examinations conducted by the Arkansas State Board of Law Examiners.
As a prerequisite to being allowed to take the general examination, each applicant shall be required to obtain a scaled score of 75% or more on the Multistate Professional Responsibility Examination. This score shall be considered independent of the combined average grade as set out in Rule IV of these rules and Section A of this Rule. Any applicant, in Arkansas or out of state, may take the MPRE at any time prior to graduation at any site where the exam is offered. Individuals who successfully complete the Multistate Professional Responsibility Examination are allowed to retain their passing score or transfer such passing score from another jurisdiction for a period not exceeding three years from the date upon which the individual took the Multistate Professional Responsibility Examination. There is no limit on the number of times that an applicant may take the Multistate Professional Responsibility Examination without passing. (Per Curiam Order, November 1, 1971; Amended by Per Curiam Order, June 18, 1984; Amended by Per Curiam Order, April 4, 1988; Amended by Per Curiam Order, May 18, 1992; Amended by Per Curiam Order June 7, 1993.)
Rule XII.
REQUIREMENTS FOR TAKING EXAMINATION
1. Graduation from a law school shall not confer the right of admission to the bar, and every candidate shall be subject to an examination.
2. No candidate shall be allowed to take the bar examination who is not a citizen of the United States or an alien lawfully residing in the United States.
3. No candidate shall be allowed to take the bar examination unless the applicant has graduated, or completed the requisites for graduation, from a Law School approved by the American Bar Association.
4. An applicant shall not be limited in the number of times he or she may take the Arkansas Bar Examination.
Rule XIII.
GENERAL INFORMATION
SECTION A
The practice of law is a privilege. Admission to practice is based upon the grade made on the examination, moral qualifications, and mental and emotional stability.
In addition to meeting all other requirements of the Rules Governing Admission to the Bar, every applicant for admission to practice by examination and every applicant for reinstatement of license to practice must be of good moral character and mentally and emotionally stable. The determination of the eligibility of every such applicant shall be made by the Board and the burden of establishing eligibility shall be on the applicant.
Every such applicant shall complete and file with the Executive Secretary of the Board an application, verified under oath, on a form approved by the Board. The Board shall require the submission of proof of good moral character and mental and emotional stability, and the Board may conduct whatever investigation it deems appropriate as to any applicant and may, at its discretion, require additional proof of these qualifications. Upon receipt of a petition seeking reinstatement of license to practice law after disbarment, or surrender of license, the Board shall cause a public notice of the pendency of the petition for reinstatement to be placed in a newspaper of general circulation in the State and at least one newspaper of local circulation for at least 30 days prior to the hearing or decision by the Chairman pursuant to this rule. The notice shall solicit information regarding the petition and shall be in such form as shall be designated by rule of the Board.
Any applications for initial instatement, or reinstatement after disbarment, surrender, or suspension pursuant to Rule VII(D) shall be submitted to the Executive Secretary of the Board. The Executive Secretary shall review all such applications. Any application which raises questions of eligibility based upon the standards as set out in this rule, shall be referred to the Chairman of the Board for review. The Chairman, applying the standards as set out in this rule, shall determine whether the initial applicant, or applicant for reinstatement, is eligible for initial admission or reinstatement.
In the event the Chairman determines that an initial applicant is eligible, he shall so notify the Executive Secretary, who shall then certify to the Clerk that the initial applicant is eligible for admission to the Bar of Arkansas. In the event the Chairman determines that an applicant for reinstatement, whose license is suspended for failure to pay fees only, is eligible, the Chairman shall certify to the Clerk that the applicant is eligible for reinstatement to the Bar of Arkansas.
In the event the Chairman is unable to determine eligibility of the referred applicant, then the applicant shall be notified of such determination. In such instances, the applicant shall be advised that the applicant has a right to a hearing on the question and the right to be represented by counsel at the expense of the applicant. At the Chairman's discretion, or upon request of the applicant, the Chairman of the Board shall appoint a subcommittee from the Board comprised of not less than three members who shall proceed to a hearing as hereinafter provided. The Chairman shall not be eligible to serve thereon.
This panel shall be appointed for the sole purpose of making a full and accurate record of all facts and circumstances affecting the application. The appointing officer shall designate a member to serve as Chairman of the hearing panel.
The Executive Secretary of the Board shall act as evidence officer for the hearing and shall be charged with the responsibility of presenting any evidence that may be pertinent to the hearing, either for or against the applicant, and shall have the further responsibility of procuring evidence of parties or witnesses as hereinafter provided. However, for good cause shown, the Chairman of the Board is authorized to appoint a substitute evidence officer.
The burden of establishing eligibility shall remain with the applicant. At the initiation of the hearing, the evidence officer shall provide a brief background of the actions that have been taken by the parties which have resulted in the necessity of a hearing, and the evidence officer shall establish that all procedural requirements have been met as required by this rule. The applicant shall then be permitted to present evidence in support of the application without regard to technical rules of evidence but subject, however, to cross-examination. At the close of the applicant's presentation, the evidence officer shall then present any evidence which is pertinent to the issues, subject to cross-examination, and the applicant shall then be permitted to introduce any evidence which may be pertinent in rebuttal, subject to cross-examination.
A complete transcript, in writing, of all proceedings and exhibits shall be prepared and a copy thereof provided to the applicant and to each member of the Board.
All costs and expenses incident to such proceedings shall be borne by the applicant. The applicant may be required to post a bond as set by the Executive Secretary to insure payment of such costs and expenses. The hearing panel shall have authority to issue summons for any person or subpoenas for any witness, directed to any Sheriff or State Police Officer within the State, requiring the presence of any party or the attendance of any witness before it, to include production of pertinent documents or records. Such process shall be issued under the seal of the Supreme Court of the State of Arkansas and be signed by the Chairman of the Board, or the Executive Secretary. The summonses or subpoenas shall be served in any manner provided by the Arkansas Rules of Civil Procedure for service of process. Likewise, the affected attorney shall be entitled to compel, by subpoena issued in the same manner, the attendance and testimony of witnesses, and the production of pertinent documents or records. The Circuit Court of Pulaski County shall have the power to enforce process. Disobedience of any summons or subpoena or refusal to testify shall be regarded as constructive contempt of the Supreme Court.
The applicant shall have thirty days from receipt of the notice of decision by the Chairman denying eligibility, or decision by the Chairman indicating inability to determine eligibility to request a hearing. Such request shall be in writing and addressed to the Chairman of the Board and the hearing shall be set by the Chairman of the hearing panel for a day certain. Absent exigent circumstances, the hearing shall be conducted within 60 days after the chairman of the hearing panel is notified that the applicant requests a hearing. For good cause shown, the Chairman of the hearing panel may grant extensions of time.
At the conclusion of the hearing, a copy of the transcript of proceedings shall be submitted without comment by the hearing panel to each member of the Board. The Board, within thirty days of receipt of the transcript, after considering the entire record de novo shall by majority vote of the full Board, determine the eligibility of the applicant. Thereafter, within 90 (ninety) days of said vote the Board shall cause to be filed with the Executive Secretary the findings of fact and conclusions of the Board, a copy of which shall be delivered to the applicant. Any concurrence or dissent in writing shall be made a part of the record and a copy thereof furnished to the applicant.
Within thirty days of receipt of written findings of the full Board denying eligibility, the applicant may appeal said findings to the Supreme Court of Arkansas for review de novo upon the record. Such appeal shall be prosecuted by filing a written notice of appeal with the Clerk of the Supreme Court of Arkansas with a copy thereof to the Chairman of the Board. The notice of appeal shall specify the party taking the appeal; shall designate the order of the Board from which appeal is sought; and, shall designate the contents of the record on appeal. The notice shall also contain a statement that the transcript, or specific portions thereof, have been requested from the Executive Secretary. The Executive Secretary shall certify the record as being a true and correct copy of the record as designated by the parties and it shall be the responsibility of the appellant to transmit such record to the Supreme Court Clerk. The record on appeal shall be filed with the Supreme Court Clerk within ninety (90) days from filing of the first notice of appeal, unless the time is extended by order of the Arkansas State Board of Law Examiners. In no event shall the time be extended more than seven (7) months from the date of entry of the initial order of the Board. Such appeals shall be processed in accord with pertinent portions of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas.
In the event the Board, or the Chairman of the Board, shall recommend recertification of an applicant subsequent to disbarment, surrender of license, or suspension of license pursuant to Rule VII(D) where a hearing panel has been appointed, the applicant shall have the burden of filing with the Court a motion pursuant to Rule III of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas. The applicant shall file a single copy of the original transcript of the hearing, if one has been conducted, or, the original copy of the authorization for recertification which has been issued by the Chairman of the Board pursuant to this Rule. The motion filed in conjunction with the transcript or recommendation from the Chairman of the Board shall briefly summarize the circumstances leading to the disbarment, surrender, or suspension. The matter shall then be referred to the Arkansas Supreme Court for disposition in accordance with regular motion practice pursuant to Rule III or its successor rule.
All other rules governing admission to the Bar are amended hereby to conform herewith.
This section shall apply to any applicant whose eligibility for admission to the Bar of this State shall not have been determined by the Board prior to adoption of these Rules.
Any proceedings at which the testimony of witnesses is being taken under oath shall be open to the public.
SECTION B
The examination is in writing. Each applicant must provide the necessary pens and paper.
Questions from previous examinations are on file in the Supreme Court Library.
For information relative to the examination and application to take same, consult the Executive Secretary, who should be addressed as Executive Secretary of State Board of Law Examiners, Little Rock, Arkansas. (Per Curiam Order, May 18, 1992.)