(a) The Board, its members, employees, and agents are immune from all civil liability for conduct and communications occurring in the performance of their official duties, and civil suits predicated thereon may not be instituted.(b) Records, statements of opinion, and other information regarding an applicant for admission to the bar, communicated by any entity, including a person, firm, or institution, without malice, to the Board or to its members, employees, or agents are privileged, and civil suits predicated thereon may not be instituted. Amended January 8, 1981, effective 1/8/1981; further amended January 23, 1981, and February 3, 1981, effective 1/23/1981; renumbered September 1984; further amended February 27, 1985, effective 2/27/1985; further amended October 23, 1985, effective 10/23/1985; further amended February 13, 1987, effective 2/13/1987; further amended October 27, 1989, effective 11/1/1989, subject to transitional orders; further amended August 1, 1990, effective 8/1/1990; further amended September 28, 1990, effective 9/28/1990; further amended February 7, 1992, effective 2/7/1992; further amended May 14, 1993, effective 5/14/1993; further amended August 1, 1994, effective 8/1/1994; further amended February 6, 1995, effective 2/6/1995; further amended July 1, 1999.COMMENT:
This immunity rule is patterned from a model immunity rule adopted by the House of Delegates of the American Bar Association. Part (a) of the rule provides absolute immunity from civil liability to members of the Board of Law Examiners, employees of the Board, and agents of the Board in the performance of their official duties. Part (b) of the rule grants immunity to those who provide information about an applicant as long as the information is provided "without malice." The purpose of part (b) is to encourage and protect the reporting of truthful information and candid evaluation. Intentional reporting of false information, without just cause, excuse, or justification, is not protected.