Rule V Disclosure and Confidentiality of Information. 1. Penalty for Failure to Disclose Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 2. Release of Confidential Information.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3. Confidentiality of Information and Documents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4. Records

Section 1. Penalty for Failure to Disclose Information. No one shall be licensed to practice law in this state: A. who fails to disclose fully to the Committee and Board, whether requested to do so or not, the facts relating to any disciplinary proceedings or charges as to his professional conduct, whether same have been terminated or not, in this or any other state, or any federal court or other jurisdiction, or

B. who fails to disclose fully to the Committee and Board all facts relating to any civil or criminal proceedings or other material information concerning his character and fitness called for by these Rules or by the application forms. In the event an applicant shall fail to fully, timely and faithfully comply with the requirements of Rule III, Section 1, his application will be deferred to a future bar exam, if such failure comes to the attention of the Board prior to the administration of the bar examination. If such failure comes to the attention of the Board after the applicant has taken the bar examination, the Board may order that his result on that bar examination be deemed void. If such failure comes to the attention of the Board after the applicant has been admitted to the Bar, the Board may file a complaint with the appropriate disciplinary authorities. The Committee and Board shall consider an applicant's failure to disclose material information in making its determination of whether the applicant has the requisite character and fitness to be admitted to the Bar. The Board may excuse the failure to disclose information and suspend the operations of the preceding portions of this Section only if it determines that the information which the applicant failed to fully and timely disclose or supplement is not significant or germane to the applicant's character and fitness.

Section 2. Release of Confidential Information. By making application for registration as a law student or examination an applicant waives his right to confidentiality of medical/psychological communication, record, evaluations and any other pertinent medical/psychological information touching on the applicant's fitness to practice law as determined by the Board or Committee. A refusal by an applicant to furnish written release for such medical/psychological information or an applicant's objection to the disclosure of such information to the Board or Committee shall be cause for the dismissal of the application. Any written release executed by a law student registrant or examination applicant shall terminate immediately upon admission to the Bar or sixty (60) days after the application is terminated by voluntary withdrawal or by denial of admission on grounds of character and fitness.

An application is not terminated until any appeal or rights to appeal have terminated.

Section 3. Confidentiality of Information and Documents. Information and documents concerning an applicant's character and fitness shall be considered confidential. Such information and documents shall not be disclosed except to members of the Board, members of the Committee on Character and Fitness, the Secretary, Special Counsel (appointed pursuant to Rule VIII, Section 5), and necessary clerical personnel authorized by the Board, Committee, or Secretary to assist in their duties. An applicant shall have the right to inspect information and documents pertaining to his application during regular business hours. Such inspection shall be by appointment with the Bar Admissions Administrator and all materials shall remain under the surveillance of the Bar Admissions Administrator during such inspection. No person shall disclose information or documents concerning an applicant's character and fitness to persons other than those listed above, except to the extent that such disclosure is necessary to the investigation of applicant's character and fitness. In addition to the foregoing, upon proper request, the Board, at its discretion, may disclose information or documents from an applicant's file to the admitting authorities in other jurisdictions, to any disciplinary agency and to any law enforcement agency for use in connection with disciplinary or criminal proceedings against such applicant.

[Effective November 1, 1991; amended effective August 24, 2001, for application for the February 2001 and subsequent examinations.]

Section 4. Records

A. This Section establishes the rules and procedures governing the inspection, copying, and/or reproduction of any Public Records, as defined by the Mississippi Public Records Act of

1983, Miss. Code Ann. §25-61-1, et seq., (1972, as amended), (the “Act”), in the possession of the Mississippi Board of Bar Admissions (Board) which are required or allowed to be examined and copied as Public Records under said Act, subject to any exemptions or exceptions thereto.

B. The following non-inclusive list of records of the Board are not Public Records and will not be made available, to-wit:

(1) Applications for licensure;

(2) Records concerning an applicant’s character and fitness;

(3) Test questions and answers/analyses unless previously made public by the Board;

(4) Recommendations concerning an applicant from any source;

(5) Bar examination answers and scores of applicants;

(6) Those items exempted from inspection and production by Miss. Code Ann. §9-1-38 (1972, as amended), and including, but not limited to, the internal communications between or among Board members, or between or among Board members and the staff or employees of the Board, or between or among members of the staff or employees of the Board concerning any application for admission or any matter defined herein as not being a Public Record. This Section 4 shall also apply to the notes or other memoranda prepared by or for the use of Members of the Board in regard to any application for admission or any matter defined herein as not a Public Record. (For the purposes of this Section 4, members of the Committee on Character & Fitness and special counsel to said Committee shall be treated as Members of the Board. );

(7) Personnel records exempted under Miss. Code Ann. §25-1-100 (1972, as amended);

(8) Attorneys’ work product exempted under Miss. Code Ann. §25-1-102 (1972, as amended);

(9) Academic records exempted under Miss. Code Ann. §37-11-51 (1972, as amended);

(10) Criminal investigation records exempted under Miss. Code Ann. §§45-29-1 and 3 (1972, as amended);

(11) Licensure application and examination records exempted under Miss. Code Ann. §73-52-1 (1972, as amended);

(12) Commercial and financial information exempted under Miss. Code Ann. §79-23-1 (1972, as amended); and

(13) Any other record or records which are confidential, privileged or otherwise exempt pursuant to these Rules or the laws of the State of Mississippi or the United States, or any records which the Board has declared confidential as a condition to obtaining them.

C. All requests shall be in writing describing the information sought with sufficient specificity that the Board is able to determine the precise information requested.

D. The Board shall respond to a request for access to records within fourteen (14) working days of the receipt of such request.

E. If any record, requested as provided for herein, cannot be produced for any reason, the Board shall provide a written response with the specific reasons therefor.

F. Upon compliance with the other provisions of this Rule:

(1) Public Records of the Board will be available for inspection and copying during regular business hours (8:00 a.m.-5:00 p.m.), Monday through Friday, by prior appointment made at least three (3) business days in advance unless otherwise authorized by the Board;

(2) All inspection, copying or reproduction shall be done in the office of the Board or such other place or in such other manner as designated by the Board, and all copying and reproduction shall be performed by employees of the Board or designees of the Board;

(3) Copies of records will be made available according to the following schedule of charges:

Retrieval of records (on-site) $10.00 Retrieval of records (off-site) $15.00

Regular Copying of printed material (per page) $0.50

Copying from bound volumes or records (per page) $2.00

Printing of electronically maintained records (per page) $1.00 Minimum Copy/Printing Charge $1.00

Certification of Record (per record) $25.00 Fax Transmission Fee (per fax, 5 page maximum) $5.00 Email Transmission Fee (per record) $1.00

Postage, delivery charges (e.g., FedEx, UPS) Actual charges + $5.00

For each Public Record produced the requesting party shall pay the applicable retrieval fee, together with all applicable copying charges and transmission or delivery charges per the above schedule. For any services rendered other than those listed in the schedule above, the requesting party shall pay the cost of providing such services as determined by the Board.

(4) No services will be provided until payment in full of the estimated costs of providing the services is made. Any charges in excess of the estimate shall be made in full at or prior to the time of delivery.