Rule 3 - Board of Bar Examiners(a)Appointment; Composition of Board; Restriction on Appointments; Terms; Vacancy; Officers; Quorum.(1)Appointment. The Court appoints the members of the Board.(2)Composition of Board. The Board is comprised of 19 members: (A) Eleven "Examiners": nine attorneys admitted to the Bar for at least three years before appointment, and two nonattorneys; and(B) Eight "Associate Examiners": attorneys admitted to the Bar for at least three years before appointment. Associate Examiners assist the Examiners in grading examinations and are not voting members of the Board.(3)Restriction on Appointments. No trustee or faculty member of a law school or trustee of a university with a law school may serve as an Examiner or Associate Examiner.(4)Terms. Terms commence on October 1. Each term of appointment is for four years, plus any additional time necessary for appointment of a successor. No Examiner or Associate Examiner may be appointed for more than two consecutive, full terms, but: (A) an Examiner may be reappointed after a lapse of one year; and (B) an Associate Examiner may be appointed as an Examiner and then will be subject to the terms of appointment of an Examiner.(5)Vacancy. If an Examiner or Associate Examiner resigns, or an appointment is otherwise vacant, the Court will appoint a successor to complete the unexpired term.(6)Officers, Appointment of Chairperson and Vice-Chairperson. Annually, for terms commencing on October 1, the Court designates two Examiners to serve respectively as the Chairperson and Vice-Chairperson of the Board. The Chairperson and Vice-Chairperson will serve in those capacities until their successors are designated. In its discretion, the Court may reappoint the Chairperson for a third consecutive, four-year term.(7)Quorum. A quorum consists of six Examiners, or all Examiners not disqualified, whichever is less.(b)Duty to Determine Minimal Professional Competence. It is the Examiners' duty to determine whether each Applicant has made the necessary showing of Minimal Professional Competence in accordance with these rules warranting the Applicant's admission to the Bar to engage in the practice of law. (c)Annual Report. Annually, the Board submits a written report to the Court that addresses the bar examination; applications for admission and persons admitted to the Bar; and relevant policy matters and rule changes considered or proposed by the Board.(d)Compensation and Expenses. - In the performance of their Board duties, each Examiner and Associate Examiner is eligible to receive per diem compensation and be reimbursed for reasonable and necessary expenses equivalent to that provided by law for comparable boards and commissions. A request for compensation and reimbursement must be made on a Court-approved voucher and be submitted to the Court Administrator. Effective 4/18/2016; amended May 1, 2019, effective 5/1/2019.Board's Notes
This rule is drawn from the prior rules §§ 1, 2, and 5.
The role of Associate Examiners has been revised because adoption of the Uniform Bar Examination will change grading practices in some respects. The rule clarifies that Associate Examiners are not voting members of the Board. Prior rule § 1(b) required a lapse of a full term (four years) before a former Examiner could be reappointed to the Board. The new rule shortens that period to one year.
Board's Notes-2019 Amendment
The amendment to Rule 3, increasing the number of Examiners from nine to eleven by adding two attorney members and increasing the number of Associate Examiners from seven to eight, is to facilitate grading the additional questions contained in the Uniform Bar Examination. The number of Examiners necessary to comprise a quorum has been increased accordingly.