Rule IX Examination. 1. Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2. Preparation of the Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3. Analysis of Questions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4. Time and Place of Examination.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5. Subjects on the Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 6. Conduct of Examinations.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 7. Mode of Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 8. Grading of the Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 9. Passing Grade. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 10. Borderline Reappraisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11. Examination Results

Section 1. Requirements. Every person desiring admission to the bar, except those exempt from the general bar examination under Rule VI, shall be required to take and pass a written bar examination in a manner satisfactory to the Board of Bar Admissions.

Section 2. Preparation of the Examination. The Chairman shall make assignments among the members of the Board concerning preparation and grading of the examination. The Board members may prepare the examination questions personally or may utilize the services of expert draftsmen to prepare bar examination questions, including out-of-state law teachers, or may use the services of the National Conference of Bar Examiners or other national agency.

Section 3. Analysis of Questions.

Before an essay question is used in the bar examination, whether drafted by a Board member or by an expert draftsman, an outline or analysis of the important points of law which should be covered by the examinee shall be prepared. Each proposed question and the outline or analysis for the grading of answers will be reviewed by at least one other member of the Board before the examination. Proposed models for grading may be adjusted and reevaluated in light of examinees' actual responses. A final version of the outline or analysis of the question used in

grading answers will be filed in the Board's office by each examiner simultaneously with the submission of essay grades.

Section 4. Time and Place of Examination.

A. Regular Bar Examination. The Board shall conduct a bar examination twice each year on dates to be set by the Board in February and July for the purpose of examining the applicants for license to practice law. (Until further order by the Board, the examination shall be administered on Tuesday and Wednesday of the week containing the last Wednesday in February and July.) Each examination shall be administered over a period of two consecutive days. One day of the examination will be devoted to the Multistate Bar Examination (MBE) prepared by the National Conference of Bar Examiners and one day of the examination will consist of essay-type questions and/or written performance tests prepared by or at the direction of the Board or through the services of the National Conference of Bar Examiners. Each applicant for admission under Rule IX at a particular administration of the Mississippi

Bar Examination must take all portions of the essay and performance examination at that administration. Scores achieved on essay or performance-type questions at a previous administration may not be utilized or considered as part of an applicant's score on a subsequent administration. B. Utilization of Previous MBE Scaled Score. An applicant who has taken the Multi-state

Bar Examination (MBE) prepared by the National Conference of Bar Examiners, either in Mississippi or in another jurisdiction, within the immediately preceding 20-month period may elect to utilize the scaled score which he achieved on said previous administration of the MBE in lieu of retaking MBE during current Mississippi Bar Examination. Applicant's election to utilize MBE scaled score from a previous administration must be made in a written petition received by the Board not later than thirty (30) days before the Mississippi Bar Examination at which the applicant proposes to sit. Such petition shall state the date and place at which he took the MBE and the scaled score which he achieved. In the case of a request to utilize an MBE score from another administration of the MBE in a state other than Mississippi, the applicant must attach to his petition an authorization for the Board to obtain a certification of the MBE Scaled Score attained by the applicant from the Board of Bar Admissions (or equivalent agency) of the jurisdiction in which applicant sat for the subject MBE or from the National Conference of Bar Examiners. In the event that any change occurs in the procedure for preparation, grading or scaling of the MBE which, in the opinion of the Mississippi Board of Bar Admissions, renders impossible or inaccurate comparison of scaled scores between different administrations of the MBE, the Board may terminate or modify the utilization of previous MBE scores.

C. Multi-state Professional Responsibility Examination. As a mandatory condition for admission to the Mississippi Bar by examination each applicant must achieve a scaled score of not less than 75 on the Multi-state Professional Responsibility Examination (MPRE) administered by

the National Conference of Bar Examiners (NCBE). This score must be achieved on an administration of the MPRE within twenty-four (24) months before or within twelve (12) months after the date of administration of the Mississippi Bar Examination at which the applicant achieves a passing result. It shall be the responsibility of each applicant to register for and take the MPRE in the manner and at the time prescribed by the NCBE and to request that his scores be furnished by the NCBE to Mississippi Board of Bar Admissions. The MPRE may be taken before or after the administration of the Mississippi Bar Examination at which an applicant proposes to sit. However, applicants are strongly encouraged to take the MPRE before taking the Mississippi Bar Examination, since no applicant will receive a " certificate of eligibility for admission" until the Board receives the certification of the applicant's achieving the said minimum scaled score on the MPRE within the time period prescribed in this subpart.

[Section 4A amended effective for Mississippi Bar Examinations administered in February 1992 and thereafter; Section 4B amended March 14, 1995 effective from and after July 1, 1995, but examinations administered February 1995 are to be scored according to existing rules and also by the rules in the March 14, 1995 order; amended effective April 24, 1997. Section 4C was further amended December 14, 2000 to increase the required scaled score from 70 to 75 and require that it be achieved within a stated time span; amended effective April 15, 2004; amended December 9, 2004 to delete transitional provision; Section 4A amended effective August 23, 2011 for the Mississippi Bar examinations administered in February 2012 and thereafter.]

Section 5. Subjects on the Examination. The examination shall be based upon such of the following subjects as the Board shall determine: A. Administrative Law B. Contracts C. Business Organizations, including Corporations, Partnership, and Agency D. Criminal Law and Procedure E. Domestic Relations F. Evidence G. Federal Income Taxation H. Federal Jurisdiction and Rules of Civil Procedure I. Practice and Procedure of Mississippi Courts J. Professional Conduct and Ethics K. Real Property L. Torts M. Uniform Commercial Code

N. Constitution of the United States and the State of Mississippi O. Wills, Estates, Trusts and Future Interests (including basic federal tax consequences) P. Conflict of Laws Q. Bankruptcy

The Multistate Performance Test (MPT) will measure skills required for performance of legal tasks, such as (a) problem solving, (b) legal analysis and reasoning, (c) factual analysis, (d) communication, (e) organization and management of a legal task and (f) recognizing and resolving ethical dilemmas. Prior to the examination the Board shall indicate to all applicants for a particular examination which subjects will be covered on the portion of the examination prepared by the Board and the order and time of the examination. The contents of the Multi-state Bar Examination (MBE), Multi-state Essay Examination (MEE), and Multistate Performance Test (MPT) shall be determined by the authorities preparing such examination.

Section 6. Conduct of Examination. Bar examinations shall be held under the supervision of the Board, which shall be in actual charge thereof through one or more of its members or staff employees. The Chairman of the Board shall have authority to designate the duties of members of the Board with respect to the examination. The member of the Board or staff employee in charge at an examination session may be hereinafter referred to as the "examiner". The Board may utilize such number of monitors as the Board deems necessary to assist in conducting the examinations.

Section 7. Mode of Examination.

A. Identification Procedure. The Board shall utilize an identification procedure which shall insure the anonymity of the examinees throughout the examination and grading process.

B. No Assistance During Examination. Applicants shall not bring with them into the examination room any books, memoranda, notes, brief cases, bags, parcels, or any materials or devices to assist them in answering questions. All questions shall be answered solely from the

applicant's own knowledge and without assistance from any other source. Any applicant violating this rule, or knowingly assisting another applicant in a violation of this rule, shall be given an automatic failing grade on the entire examination. The circumstances of such violation may be considered by the Board as grounds for barring such applicant from retaking the Mississippi Bar Examination at a later session.

C. Oath of Applicant. Each applicant shall, upon concluding the last examination session, take and subscribe the following oath:

I do solemnly swear (or affirm) that I never saw until handed me by the Examiner the questions upon which I have been examined in connection with my application for admission to the Bar, nor a copy thereof; that I have not, before my examination, received any information as to the contents of said questions, and that I did not, while said examination was in progress, use or refer to any memorandum of any kind or receive directly or indirectly, from any source whatever, any suggestion, but that I wrote each and every answer exclusively from my own knowledge.

_________________________________ Sign name (not number) of Applicant

_________________________________ Address where results of examination are to be mailed

This paper shall be delivered to the examiner to be preserved as a part of the records of the Board.

D. Handling of Examination Papers. At the beginning of each examination session, the examiner shall deliver to the applicants a copy of the questions to be answered at that session.

The Multi-state Bar Examination (MBE) and the Multi-state Essay Examination (MEE) shall be administered in the manner prescribed therefor. No questions, answer sheets, or other materials relating to the MBE shall be copied or removed from the examination room.

Questions prepared by the Mississippi Board of Bar Admissions shall be consecutively numbered and shall be labeled as to their general subject matter. Answers to such questions shall be written in blank booklets supplied by the examiner. The applicant shall write all answers in ink. The Board may in its discretion permit applicants to typewrite their answers, in which case

the Board may require payment of additional fees to defray additional expenses involved. The applicant must label and number his answers to correspond with the subject matter and numbers of that part of the examination and shall consecutively number each page of his answers to each part of the examination. The applicant shall not write his name or number, or otherwise attempt to identify himself on the pages containing his answers.

E. Anonymity of Grading. Applicants are forbidden to identify, or attempt to identify, themselves, their identification numbers, or their answers to any member of the Board or any other person. Applicants shall not in any manner attempt to influence the grading of their examination. The circumstances may be considered by the Board as a grounds for barring such applicant from retaking the Mississippi Bar Examination at a later session.

F. Absence From Examination Room. Each applicant must complete and turn in his answer to the portion of the examination given to him before leaving the examination room, except by permission of the examiner, or unless accompanied by a monitor.

G. Monitors. Monitors shall perform such duties as are assigned to them by the examiner. Their purpose shall be to facilitate the conduct of the examination and to insure its integrity. Monitors shall not under any circumstances discuss the content of the examination with an applicant. Any question relating to the examination shall be referred immediately to the examiner.

H. Special Testing Accommodations. The Board, in its sole discretion, may direct that the Bar Examination be administered to applicants with disabilities in a fair and reasonable manner, but different from the manner by which it is administered to other applicants. An applicant with a disability who desires a special procedure for administration of the Examination shall so petition the Board at the time of filing his application, setting out the basis for the request and the type of special procedure which would be appropriate for his situation. Medical documentation must be submitted with the request.

Section 8. Grading of the Examination

A. Procedure. All examinations (except MBE) shall be graded and reviewed by the Board or by members of the Mississippi Bar under the direction of the Board. If graders who are not members of the Board are employed they must meet the requirements against conflicts of interest applicable to members of the Board under Rule II, Section 6, above. The Board shall establish specific standards by which such graders perform their duties.

B. Standard for Grading. Essay and performance test questions will test the applicant's ability to reason logically, to analyze accurately legal problems, and to demonstrate a knowledge

of the fundamental principles of law and their application, and to perform basic legal tasks. The grade of the paper shall be measured by the reasoning power as well as by the correctness or incorrectness of the answer.

C. Time Limits for Grading. Grades, exam papers and analysis shall be returned to the Bar Admissions Administrator no later than thirty (30) days following the examination. In the event of disability of an examination grader during the performance of his duties, the Board shall determine the procedures to be followed in grading the papers involved.

Section 9. Passing Grade.

A. Answers to each of the essay examinations propounded by the Mississippi Board of Bar Admissions (hereinafter called, collectively, the “MSE”) shall be assigned a score on a range of 0 to 100 points. Answers on each of the questions on the Multistate Essay Examination (hereinafter called the “MEE”) and Multistate Performance Test (“MPT”) shall be assigned a raw score on a range of 0 to 30 points. The Board shall have the right to make the final determination respecting all essay and performance test grades.

B. The applicant’s score on each of the MSE examinations and on each question on the MEE and MPT shall be converted to the range of 0 to 200 points utilizing the MBE scaled scores of all applicants on the current Mississippi Bar Examination and the “Standard Deviation Method” described in The Bar Examiners’ Handbook (3rd Edition, 1993 Supplement) at pp. 30:605-606, or such other standard statistical method as may be adopted by the Board. (The scores thus determined are hereinafter called “converted scores.”)

C. The applicant's converted scores on all examinations on the MSE shall be averaged to determine the applicant’s “Average Converted MSE Score.” The applicant’s converted scores on all questions on the MEE shall be averaged to determine the applicant’s “Average Converted MEE Score.” The applicant’s converted scores on all questions on the MPT shall be averaged to determine the applicant’s “Averaged Converted MPT score.”

D. In order to pass the Mississippi Bar Examination, an applicant must achieve a combined score of 132 points (rounded to the nearest 0.1 point) on the entire examination, weighing the applicant’s “Average Converted MSE Score” (determined under Item C above) as 30% of the combined score, the applicant’s “Average Converted MEE Score” (determined under Item C above) as 15% of the combined score, the applicant’s “Average Converted MPT Score” (determined under Item C above) as 15% of the combined score and the applicant’s scaled score on the MBE as 40% of the combined score.

[Effective November 1, 1991 with Section 9D(2) applied to determine results on Mississippi Bar Examination administered in July 1991 and thereafter; amended March 14, 1995 effective from and after July 1, 1995, but examinations administered February 1995 are to be scored according to existing rules and also by the rules in the March 14, 1995 order; amended effective February 1, 1998; amended effective August 24, 2000 for February 2001 and subsequent examinations.]

Section 10. Borderline Reappraisal

Prior to the final calculation of grades, each answer (excluding MBE) of those applicants achieving a combined score between 129 and 131.9 shall be individually reviewed by the Board. The procedures employed in such borderline reappraisal shall be determined by the Board. [Amended March 14, 1995 effective from and after July 1, 1995, but examinations administered February 1995 are to be scored according to existing rules and also by the rules in the March 14, 1995 order.]

Section 11. Examination Results

The Bar Admissions Administrator shall make a permanent record of the grades attained by each applicant and shall inform each applicant whether he has passed or failed the examination. Each applicant failing to achieve a passing grade on the examination shall be provided (at no cost to the applicant) with a report showing his or her score on the MBE, on each of the MSE examinations, and on each question on the MEE and MPT. An applicant receiving a passing grade on the examination may request, in writing, a report showing his or her score on the MBE and his or her combined score. A request for such report shall be accompanied by a report fee of $25.00 (money order, certified check, or cash only). An applicant may request in writing a certification of the scaled score achieved on the MBE suitable for transfer of the applicant's MBE scaled score to another jurisdiction which accepts transfers of MBE scaled scores. A request for such a certification shall be accompanied by a score certification fee of $25.00 (money order, certified check, or cash only).