Opinion
Opinion delivered May 27, 1999
Presently an applicant for admission to the Bar of Arkansas may retain any Arkansas essay score or retain or transfer any Multistate Bar Examination (MBE) scaled score for a period of three (3) years or six (6) consecutive examinations, whichever is longer. The Arkansas State Board of Law Examiners (Board) has asked this Court to change those provisions to allow transfer or retention for the immediately succeeding examination only and to set a minimum score to be retained or transferred.
The Board argues that the existing provision unrealistically encourages applicants to bring forward marginal or failing scores on one-half of the examination with the faint hope that sometime in the future he or she will do sufficiently well on the other half in order to put together an overall passing score. Further, the existing provision allows an applicant to retain a failing or marginal essay average for several examinations, then change horses and retain a marginal MBE score for an additional period of time, and so on. The Board questions whether the acquisition of an overall passing score in this patch work fashion, over a long period of time, accurately depicts whether the applicant has established basic competence to practice law.
The Board also notes that the existing retention or transfer period is significantly longer than most other jurisdictions. Two other jurisdictions have a retention or transfer period similar to this jurisdiction. The majority however are substantially less, with many not allowing retention or transfer of scores at all.
The Court accepts the proposal submitted by the State Board of Law Examiners. The Court adopts and republishes the entirety of Rule IX of the Rules Governing Admission to the Bar as it appears on the attachment to this per curiam order.
The new retention and transfer provisions will be effective with scores initially obtained in any jurisdiction during the July 1999 bar examination period. Specific scores acquired before that date shall be subject to the previous provision if the applicant has elected to retain or transfer that score from any exam during the period beginning July 1996 and extending through the February 1999 examination.
Rule 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 AND PROCEDURE
This subject heading may include both state and federal trial and appellate practice and, where applicable, remedies and choice of forum.
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.
A bar examination applicant may retain: the applicant's Arkansas essay score of 75% or more; or, the applicant's Multistate Bar Examination scaled score of 135 or more. The retained score may be used in the immediately succeeding examination only. An applicant may transfer from another jurisdiction a Multistate Bar Examination scaled score of 135 or more for use in the immediately succeeding examination only.
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 for admission to the Bar of Arkansas each applicant shall be required to attain a scaled score of 75 or more on the Multistate Professional Responsibility Examination (MPRE). 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 may take the MPRE prior to a general examination, or within one (1) year from conduct of a general examination at which the applicant receives a passing score. Individuals who successfully complete the MPRE are allowed to retain, or transfer from another jurisdiction, their passing score for a period not exceeding three years from the date upon which the individual took the MPRE. There is no limit on the number of times that an applicant may take the MPRE without passing. (Per Curiam November 1, 1971; amended by Per Curiam June 18, 1984; amended by Per Curiam April 4, 1988; amended by Per Curiam May 18, 1992; amended by Per Curiam June 7, 1993; amended by Per Curiam January 18, 1994; amended by Per Curiam May 15, 1995; amended by Per Curiam May 27, 1999.)