Rule XVIII Admission by Transfer of Uniform Bar

Rule Text

Amendment history: HISTORY Adopted by per curiam order April 18, 2019, effective October 1, 2019; amended and effective December 3, 2020; amended and effective June 9, 2022. APPENDIX––APPLICATION REGULATIONS Regulation 1. Subsequent to an examination, an applicant may not have access to copies of his or her answers. (Adopted September 16, 1996.) Regulation 2. 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. Regulation 3. 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 is determined by the provisions of Rule X. Regulation 4. The character questionnaire required by this rule shall bear the original signature of the applicant. Regulation 5. 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. Regulation 6. Pursuant to the section of this rule [RGAB XIII] 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. Regulation 7. Application and Miscellaneous Fee Schedule Bar examination application fee ....................................................................................$ 1000.00 Application mailing fee .................................................................................................$ 5.00 Copies–per page ............................................................................................................$ 0.25 The miscellaneous fees set forth above are in addition to any other fees or expenses the applicant may be required to submit in connection with his or her application. HISTORY (Adopted by Per Curiam November 5, 1998; amended by per curiam April 19, 2019, effective October 1, 2019; amended and effective December 3, 2020.) Regulation 8. Standards for Admission (a) The revelation or discovery of any of the following may be treated as cause for further inquiry before the Board determines whether the applicant possesses good moral character and mental and emotional stability: 1. Unlawful conduct; 2. Academic misconduct; 3. Misconduct in employment; 4 Acts involving dishonesty, fraud, deceit or misrepresentation; 5. Acts which demonstrate disregard for the rights or welfare of others; 6. Abuse of legal process, including the filing of vexatious or frivolous lawsuits; 7. Neglect of financial responsibilities; 8. Neglect of professional obligations, including failure to comply with time constraints; 9. Violation of an order of a court; 10. Conduct that evidences current mental or emotional instability that may impair the ability to practice law; 11. Conduct that evidences current drug or alcohol dependence or abuse that may impair the ability to practice law; 12. Denial of admission to the Bar in another jurisdiction; 13. Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction; 14. Making of false statements, including omissions, on bar applications in this state or any other jurisdiction; and, 15. Any other conduct that reflects adversely on the good moral character and mental and emotional stability of the applicant. (b) In making the determination of whether the applicant is of good moral character and mentally and emotionally stable, the following factors may be considered in assigning weight and significance to prior conduct: 1. Applicant’s age at the time of the conduct; 2. Recency of the conduct; 3. Reliability of the information concerning the conduct; 4. Seriousness of the conduct; 5. Factors underlying the conduct; 6. Cumulative effect of the conduct; 7. Evidence of rehabilitation; 8. Applicant’s positive social contributions since the conduct; 9. Applicant’s candor in the admissions process; 10. Materiality of any omissions or misrepresentations; and, 11. Any other conduct that reflects adversely on the good moral character and mental and emotional stability of the applicant. (c) The Applicant has a continuing obligation to update the application with respect to all matters raised in the application. This obligation continues during the pendency of the application, including the period when the matter is on appeal to the Board or the Court. (Adopted by Per Curiam Order September 30, 2004.) (d) Seeking counsel from the Judges and Lawyers Assistance Program (JLAP) for physical or mental disabilities that result from disease, substance abuse, disorder, trauma, or age that might impair the applicant’s ability to practice (impairments) shall not be considered adversely by the Board in its evaluation. Further, should the applicant choose to participate in a program designed for him or her by JLAP, and successfully complete that program by the time of graduation, the evidence of such rehabilitation and recovery shall be considered favorably by the Board when evaluating the applicant’s character and fitness. The applicant’s failure to complete a treatment program may be considered adversely by the Board. HISTORY (Adopted September 30, 2004; subsection (d) added by Per Curiam Order November 11, 2010.)