Rule II Board of Bar Admissions. 1. Appointment -- Term of Office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. General Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Devotion to Duty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5. Essential Conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6. Adverse Influences, Conflicting Duties and Inconsistent Obligations.. . . . . . . . . . . . 5 7. Oath. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8. Compensation and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Quorum

Section 1. Appointment -- Term of Office. By virtue of Section 73-3-2, Mississippi Code of 1972, the Mississippi Legislature created a Board to be known as the "Board of Bar Admissions" which shall be appointed by the Supreme Court of Mississippi. The Board shall consist of nine (9) members, who shall be members in good standing of the Mississippi Bar and shall serve for terms of three (3) years. Three (3) members shall be appointed from each Supreme Court District, one (1) by each Supreme Court justice from his district, with the original appointments to be as follows: Three (3) to be appointed for a term of one (1) year, three (3) to be appointed for a term of two (2) years, and three (3) to be appointed for a term of three (3) years, one (1) from each district to be appointed each year. No member of the Board of Bar Admissions may be a member of the legislature. Board members will serve until replaced. Vacancies during a term shall be filled by the appointing justice or his successor for the remainder of the unexpired term.

[Effective November 1, 1991; amended effective April 15, 2004 to provide that Board members serve until replaced.]

Section 2. Duties. It shall be the duty of the Board to administer these Rules and to determine the fitness and qualifications of persons seeking admission to practice law in the State of Mississippi. In the performance of these duties the Board, the Committee and their staff and assistants shall be deemed to be officers of the Court and members of the Judicial Branch of the Government of the State of Mississippi.

Section 3. General Powers. The Board shall have the power:

A. To promulgate necessary Rules for the administration of their duties, subject to the approval of the Chief Justice of the Court, and to promulgate operating regulations and procedures, consistent therewith, as the Board deems necessary and proper to carry out the administration of their duties.

B. In connection with the performance of its duties, to take testimony under oath and to compel the attendance of witnesses and the production of documents by the filing of a praecipe for a subpoena with the Clerk.

C. To require the payment by each applicant of such reasonable fees as prescribed by the Rules adopted by the Board and approved by the Chief Justice of the Court. All fees collected by the Board shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said Board. D. To employ such stenographic or other assistance as may from time to time be necessary or proper. E. To conduct, directly or through the Committee on Character and Fitness, such investigation of each applicant as shall be necessary to determine his character and fitness to practice law and his compliance with the Rules. F. To certify to the Court the names of applicants who are qualified for admission to the Bar. G. To elect one of its members as chairman and another as vice-chairman. H. To appoint the members of the Committee on Character and Fitness to perform duties prescribed herein. I. To appoint a Secretary (who may or may not be a member of the Board). The duties of the Secretary shall be as follows:

(1) Execute official documents as the Secretary of the Board which shall include but not be limited to Certificates of Eligibility for Admission to the Bar.

(2) Serve as liaison between the Board and the Supreme Court of Mississippi.

(3) Such other duties as the Board may determine. J. To employ a Bar Admissions Administrator and other employees of the Board who shall be paid salaries and/or compensation fixed by the Board. The Bar Admissions Administrator and such other employees shall be supervised by an Executive Director who shall be the Director of the Administrative Office of Courts. The Bar Admissions Administrator and such other employees, as may be designated by the Board, shall be bonded to insure faithful performance of their duties. The duties of the Bar Admissions Administrator shall be as follows:

(1) Dissemination of information as to the prerequisites which a person must have prior to taking the bar examination.

(2) Receiving and examining applications of persons for registration and admission and maintaining appropriate registers of applicants.

(3) Keeping on file all examination papers (except MBE examination booklets and answer sheets) for a period of (45) days following the publication of the results of the examination, after which he shall destroy all such papers unless a request for review has

been filed by a failing applicant within the said (45) day period. In such a case, the examination papers of all applicants will be kept;

a. until the entry of a final order of the Board changing every petitioning applicant's failing status or

b. for a period of 6 months following the final order of the Board affirming the failure of any applicant, after which period all examination papers shall be destroyed unless the Board otherwise directs.

(4) Unless otherwise directed by the Board, keeping on file all information and documents pertaining to applicants for a period of five (5) years after the applicant is issued a “Certificate of Eligibility” at which time the Board shall have no obligation to retain the files and may thereafter destroy them. This rule does not apply to examination papers which shall be retained only as provided by Item J(3) above.

(5) Keeping a record of all meetings and proceedings, and keeping all minutes and records of the Board of Bar Admissions.

(6) Receiving application fees and other monies paid to the Board and properly depositing and accounting for the same in accordance with state law.

(7) Preparing an annual budget for approval by the Board and assisting in its presentation to the Mississippi State Legislature.

(8) Presenting to the State Auditor claims for payment of expenses incurred by the Board and otherwise administering, or assisting in the administration of the fiscal affairs of the Board.

(9) Supervising the work of other employees of the Board.

(10) Receiving from and preserving records of previous Boards of Bar Admissions, including lists of former applicants for admission.

(11) Such other duties as the Board may determine.

[Effective November 1, 1991; amended effective April 15, 2004 to designate the Director of the Administrative Office of Courts as Executive Director of the Board of Bar Admissions and to limit requirements concerning keeping and destruction of files; amended effective July 1, 2010 to correct the language in A and delete a portion of C which refers to a section of the Code which has been repealed.]

Section 4. Devotion to Duty

A Board member should be willing and able to devote whatever time is necessary to perform the duties imposed upon him.

Section 5. Essential Conduct. A Board member should be conscientious, studious, thorough and diligent in learning the methods, problems and progress of legal education, in preparing bar examinations, and in seeking to improve the examination, its administration and requirements for admission to the Bar. He should be just and impartial in recommending the admission of applicants. He should exhibit courage, judgment and moral stamina in refusing to recommend applicants who lack adequate general and professional preparation or who lack good moral character.

Section 6. Adverse Influences, Conflicting Duties and Inconsistent Obligations. A Board member should not have adverse interests, conflicting duties nor inconsistent obligations which will in any way interfere or appear to interfere with the proper administration of his functions. A Board member or agents of the Board should not participate directly or indirectly in courses for the preparation of applicants for bar admission nor act as a trustee of a law school or of a university of which a law school is a part or with which a law school is affiliated. A Board member should so conduct himself that there may be no appearance that his judgment may be swayed by improper considerations.

Section 7. Oath. The members of the Board shall take a prescribed Oath to be administered by one (1) of the Judges of the Court, or by another person authorized by law to take Oaths, to faithfully and impartially discharge the duties of the office.

Section 8. Compensation and Expenses. The members of the Board shall receive compensation as established by the Court for preparing, giving and grading the examination, plus all reasonable and necessary travel expenses incurred in the performance of their duties.

Section 9. Quorum. The Board shall act upon each application at a special or regular meeting of the Board at which a quorum is present. A special or regular meeting may be conducted in person, via telephone, or conference call or in such other manner as allows for the presence of a quorum, provided that each member of the Board is given at least twenty-four hour’s actual notice of the meeting or executes a waiver of notice and consent to such a meeting. Actual notice of the meeting may be given by telephone, telefax, email or any other means reasonably calculated to assure that the members have actual notice of the meeting. Attendance of a Member without objection constitutes waiver of notice and consent to such meeting. A quorum shall consist of a majority of the members. Action on any matter at the meeting of the Board may be taken by a majority of a quorum. The Board may act upon any matter without a meeting by a written poll conducted by the Chairman. Action taken upon such a poll may be taken only upon majority vote of the entire Board. The action of the Board taken by written poll shall be placed in the minutes of the Board at its next meeting.

[Effective November 1, 1991; amendment effective July 1, 2010 to provide for telephonic participation or telephonic or other electronic meetings.]