Opinion
Opinion delivered September 16, 1996
In recent years, the Arkansas State Board of Law Examiners has been called upon to implement matters of first impression as to initial admission or reinstatement pursuant to the Rules Governing Admission to the Bar.
In response to this maturation of the admission and reinstatement process, the Court deems it appropriate to adopt certain pertinent decisions of the Board as regulations approved by this Court. Accordingly, the Court amends and republishes attached Rule I to the Rules Governing Admission to the Bar. Further, as set forth in the amended Rule I, the Court adopts and publishes the attached regulations which shall appear as an appendix to the Rules Governing Admission to the Bar.
In 1938, Amendment 28 to the Constitution of the State of Arkansas was adopted. That amendment conferred upon the Court the authority to regulate the practice of law. Prior to adoption of that amendment, statutes governed the process of admission to the practice of law in this State. In order to dispel any uncertainty as to the exclusive authority of this Court to regulate the practice of law, including the admission process, the Court hereby amends and republishes Rule XII as attached. RULE I. COMPOSITION OF BOARD OF LAW EXAMINERS
The State Board of Law Examiners, (hereinafter Board), is hereby constituted, before whom all applicants for license must appear.
Said Board shall consist of eleven members: two from each Congressional District (as now or hereafter constituted), and the remainder from the State at large. Each appointment shall be for a term of three years, unless otherwise designated by the Supreme Court. Vacancies occurring from causes other than expiration of term of office will be filled by the Supreme Court as they occur, and the person so appointed shall serve the remainder of the term of his or her predecessor. The Board, from its members, shall annually select its own chair. Absent exigent circumstances, a Board member may serve no more than two (2) consecutive full three year terms. A replacement where a vacancy occurs shall not be considered a full three year term. Members shall continue to serve beyond their designated term until such time as their successor is qualified and appointed by the Court.
The Board, its individual members, Executive Secretary and employees and agents of the Board are absolutely immune from suit or action for their activities in discharge of their duties hereunder to the full extent of judicial immunity in Arkansas.
The Board may adopt regulations consistent with these rules, to be submitted to the Arkansas Supreme Court for approval prior to their implementation. Any regulations adopted by the Board and approved by the Court shall appear as an appendix to the Rules Governing Admission to the Bar. (Per Curiam Order, February 10, 1969; Amended by Per Curiam Order, May 18, 1992; amended by per curiam July 17, 1995.) 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 to the number of times he or she may take the Arkansas Bar Examination.
5. The requirements set forth in this rule, as well as the other Rules Governing Admission to the Bar, are exclusive and may not be contravened or supplemented except by further order of the Arkansas Supreme Court. (Per Curiam, February 10, 1969 as Amended by Per Curiam, September 22, 1969; Amended by Per Curiam, September 11, 1972; Amended by Per Curiam, December 10, 1979, Amended by Per Curiam, March 23, 1983; Amended by Per Curiam Order, May 18, 1992; Amended by Per Curiam Order, January 18, 1994.) APPENDIX RULES GOVERNING ADMISSION TO THE BAR REGULATIONS
1. Subsequent to an examination, an applicant may not have access to copies of his or her answers.
2. With regard to retention or transfer of Multistate Bar Examination scores, or retention of essay scores, an applicant may utilize any such score provided that said score falls within the applicable time frame as set forth in Rule IX.
3. The essay portion of the examination will be considered two-thirds (2/3) of the overall average, and the Multistate Bar Examination portion shall be considered one-third (1/3) of the overall average.
4. A passing score under this rule shall remain valid for a period of one (1) year after its determination, or a final vote of the Board on admissibility of the applicant, whichever is earlier, subject to the following exceptions:
(a) In the event of Board denial of initial admission, followed by an appeal to the Arkansas Supreme Court pursuant to Rule XIII of these rules, or other litigation challenging such denial, the examination score shall remain valid until the conclusion of the appeal or litigation; or,
(b) In the event the applicant opts to participate in the deferral of initial admission program as set forth in Rule XIII of these rules, then the examination score shall remain valid until final Board determination of admissibility, or administrative termination, whichever is earlier; and,
(c) Periods of delay attributable to actions of the Board or its Executive Secretary shall be excluded from the calculation of the aforementioned one year period.
5. The application required by this rule shall be in the office of the Secretary of the State Board of Law Examiners no later than 5:00 p.m. on the date that falls sixty (60) days before the first day of each exam, and this deadline shall be strictly construed. Calculation of the sixty (60) days shall exclude the first day of the exam and, if such date falls on a Saturday, Sunday, or legal holiday, the application deadline shall be the preceding day.
6. Telefacsimile copies of documents required by the Board of Law Examiners in connection with the application for initial admission or reinstatement shall not be accepted.
7. In those instances where the Chair of the Board determines that an evidentiary hearing is required, and a bond is requested by the Executive Secretary, pauper status is not available to the applicant.
8. Pursuant to the section of this rule titled "Board Decision — Evidentiary Hearing — Appeal After Denial" only those votes conveyed to the Executive Secretary within thirty (30) days after receipt of the transcript by the respective Board members shall be counted. In the event of abstention by a Board member prior to a vote on the transcript, the Court shall appoint a substitute examiner to review the record de novo.