Opinion
Delivered July 18, 1988
Rule II of the Rules Governing Admission to the Bar is changed by this per curiam opinion. The more significant changes include: a $25.00 processing fee for a printout to be mailed to the applicant showing all of the applicant's examination scores; authorization for the Board to release statistical data to the public, as long as the identity of the individual applicant is protected; and, the top examination paper in each subject shall be made available for examination by all applicants.
Effective immediately, Rule II shall provide:
RULE II. TIME AND PLACE OF EXAMINATION
The Board shall hold semiannual examinations of applicants to be given in the months of February or March and July or August of each year at the State Capitol, or other designated place, in Little Rock. The Board shall meet semiannually following said examination for the purpose of grading the examination papers and certifying the grades thereon. The grades on such examinations shall be certified to the Clerk of the Court within 30 days following the giving of the examination.
The Board may meet at such other times as it may designate to carry out its duties specified herein.
The activities, files and records of the Board shall be kept confidential except in the following instances:
a. Public hearings required under these rules;
b. The certification of names and addresses of all applicants who complete the examination and whether they have passed the examination;
e. Upon written request of an applicant and payment of a $25 processing fee, the Executive Secretary shall send to the applicant by certified mail, return receipt requested, restricted delivery to addressee only, a list showing the examination grades awarded the applicant. The written request must be made within six months following the certification of examination results to the Court;
d. When necessary for disbarment suit, release of statistical data, or in defense of litigation brought against the Executive Secretary, the Board, or members of the Board;
e. Such statistical data as the Board deems proper, protecting the identity of the individual applicant;
f. The top examination paper in each subject examined shall be available for review in the Office of the Clerk of the Court, but the name of the author shall not be disclosed;
g. Any information furnished to the Board or its Executive Secretary in connection with any application shall be confidential unless the person furnishing that information waives its confidentiality in writing. Any proceeding at which the testimony of witnesses is being taken under oath shall be open to the public and all evidence considered by the Board at such a proceeding shall be public.
HICKMAN and HAYS, JJ., dissent.
The records that we keep and the records our committees have are all public records and should be available for public examination. When a lawyer seeks a public license to practice law, it becomes a matter of public interest, and all records regarding that application should be public. That includes the grade the individual makes on the examination.
Only for good sensible reasons and in extraordinary cases should any public record be secret or access limited.
I find no justification to keep secret the individual grades made by applicants for a public license to practice law.
HAYS, J., joins in the dissent.