Rule X Review Before the Board. 1. Request for Copies of Examination.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 2. Petition for Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 3. Content of Petition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4. Review by Board

Section 1. Request for Copies of Examination

A failing applicant may request in writing from the Board, within thirty (30) days after the results of the examination have been made public, copies of the questions, his answers and model answers or analysis of the question used in grading the examination, which shall be provided to the applicant at his expense. A request for the copies shall be accompanied by a fee of $75.00 (money order, certified check, or cash only). In regard to the Multistate Bar Examination, the Board shall only be required to provide the examination grade and such other information concerning the applicant's examination results which are available to the Board.

Section 2. Petition for Review

A failing applicant may petition for a review of his examination (excluding the MBE). Such petition must be filed not later than forty-five (45) days after the date on which the Board has mailed the examination results to the applicant.

Section 3. Content of Petition

A Petition for Review shall be verified under oath by the applicant and shall designate the specific questions claimed to have been substantially misgraded. Requests for review shall be limited to particular questions on MSE examinations and on the MEE and MPT on which the applicant received a raw score of less than 75.0% of the maximum raw score points assigned to that question. The applicant shall attach to his Petition for Review a separate Memorandum setting forth, for each examination designated in the Petition, the grounds for his request for review. To preserve anonymity during review, the Memorandum, which will be the only part of the Petition for Review circulated among members of the Review Committee and the Board, shall not mention the applicant's name and shall not be signed. For identification purposes, the applicant will use the coded number assigned him during the grading process. The Memorandum shall particularize how the grade awarded is unjustified by the merits of the answers. The Memorandum must include such citation of legal authority or other briefing as the applicant wishes to have considered by the Board. No generalized claims, not accompanied by a specification of errors, shall be considered by the Board. No reference to the applicant's legal education, economic status, social standing, employment, personal hardship, past performance on Bar examinations, or other extraneous

factors shall be made in the Petition or Memorandum or mentioned in any way in review proceedings. No applicant shall communicate directly with members of the Board concerning his performance on the examination. Any violation of this Rule shall result in the automatic denial of the Petition for Review.

[Effective November 1, 1991; 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; amended effective February 1, 1998.]

Section 4. Review by Board Upon receipt of a Petition for Review, a review committee of not less than three (3) members of the Board shall review all papers on which the applicant alleges error in grading. The role of the Review Committee shall be to identify and consider specific errors in grading. It shall not be the function of the Review Committee merely to reconsider grades originally awarded. In the event that a majority of the members of the Review Committee find clear and manifest evidence that the applicant's papers have been substantially misgraded to such an extent that the result of the examination may have been affected, the Review Committee shall so report to the Board and the Board, as a whole, shall review the applicant's examination result. In the event that a majority of the members of the Review Committee find that the applicant's papers have not been substantially misgraded to an extent that the result of the examination was affected, such determination by the Review Committee shall be final without further action by the Board as a whole. After completion of the review process described in this Section and at least thirty (30) days prior to the administration of the next bar examination, an Order shall be entered in the Board minutes granting or denying the applicant's petition.