Rule 51.5 Certification by the committee on functional equivalency

1. Certification prior to application. A prospective applicant who fails to meet the accreditation requirement of Rule 51(1)(c) shall not be permitted to apply for admission to practice law, including applying for any component of the comprehensive licensing examination, unless the committee on functional equivalency certifies that the prospective applicant has met the qualifications for functional equivalency as set forth in this rule. To request certification, a prospective applicant must petition the committee on functional equivalency in accordance with the provisions of this rule and the policies and procedures of the committee. Applications to complete any component of the comprehensive licensing examination submitted without prior certification shall immediately be rejected, and the application fee shall not be refunded.

Only prospective applicants satisfying the qualifications set forth in paragraphs (a), (b), (c), or (d) of this subsection may petition for such certification. A prospective applicant must include with the petition satisfactory evidence that the prospective applicant meets these qualifications; otherwise the petition shall be summarily denied, without review.

The following qualifications are required for certification:

(a) Graduation from an unaccredited law school within the American Bar Association’s accreditation jurisdiction and satisfactory evidence that:

(1) the petitioner has been admitted to practice law in any jurisdiction, including another state of the United States of America, a territory of the United States of America, the District of Columbia, or a foreign country; and

(2) the petitioner has been, for at least five of the preceding seven years, lawfully engaged in the full-time practice of law in the jurisdiction where the petitioner is admitted to practice law, provided that if the legal work experience takes place in a foreign country, it is a country where the English common law substantially forms the basis of that country’s jurisprudence; and

(3) the petitioner’s legal education, as augmented by such subsequent law-related education or subsequent and substantive law-related experience, is now functionally equivalent to an education provided by a law school accredited by the American Bar Association, including, but not limited to, evidence of admission to practice law in another jurisdiction; engaging in the practice of law in another jurisdiction; authoring legal articles or publications; acting as a mediator, arbitrator, negotiator, or judge pro tem; attending or speaking at continuing legal education approved for accreditation by a jurisdiction in the United States; being enrolled in courses at or repeating first-year courses at an American Bar Association accredited law school; teaching at a law school accredited by the American Bar Association; teaching legal courses at a university or community college in the United States; being actively involved as a member of a professional legal association; holding positions in professional legal organizations; or being admitted pro hac vice in a United States jurisdiction.

(b) Graduation from a law school that was not accredited by the American Bar Association at the time of the petitioner’s graduation but which has since achieved full accreditation and satisfactory evidence that:

(1) the law school achieved American Bar Association full accreditation no more than three years after the petitioner’s graduation; and

(2) the legal education received is functionally equivalent to an education provided by a law school accredited by the American Bar Association.

(c) Graduation from a foreign law school outside the accreditation jurisdiction of the American Bar Association, provided that such legal education is from a law school located in a country where English common law substantially forms the basis of that country’s jurisprudence and satisfactory evidence that the petitioner either:

(1) meets the requirements of Rule 51.5(1)(a) above; or

(2) received a legal education that is functionally equivalent to an education provided by a law school accredited by the American Bar Association.

(d) Graduation with an LL.M. degree from an accredited law school within the American Bar Association’s accreditation jurisdiction.

2. Practice of law. For purposes of this rule, the term “practice of law” shall mean:

(a) private practice as a sole practitioner or for a law firm, legal services office, legal clinic, or the like;

(b) practice as an attorney for an individual, a corporation, partnership, trust, or other entity, with the primary duties of furnishing legal counsel, researching legal issues, drafting legal documents, pleadings, and memoranda, interpreting and giving advice regarding the law, or preparing, trying, or presenting cases before courts, departments of government, or administrative agencies;

(c) practice as an attorney for the federal government or for a state government with the same primary duties described in paragraph (b) of this subsection;

(d) employment as a judge, magistrate, referee, arbitrator, mediator, or similar official, provided that such employment is available only to licensed attorneys;

(e) legal service in the armed forces of the United States;

(f) employment as a full-time teacher of law at a law school accredited by the American Bar Association; or

(g) any combination of the above.

3. Substantive law-related experience. For purposes of this rule, the term “substantive law-related experience” means the provision of law-related services, including, but not limited to, drafting pleadings, legal documents, or correspondence; completing forms; preparing reports or charts; performing legal research; and interviewing clients or witnesses. Substantive law-related experience does not include routine clerical or administrative duties.

4. Filing.

(a) The prospective applicant must submit to the director of admissions an original verified petition for certification under Rule 51.5, together with a filing fee set by the board of bar examiners and paid to the State Bar of Nevada.

(b) In the event the initial filing fee shall prove to be inadequate to cover the actual costs of the investigation and hearings, an invoice shall be served on the petitioner. Within ten days of service of the invoice, the petitioner shall pay the additional invoiced amount to the state bar. Failure to pay the filing fee or any subsequent invoiced costs under this rule shall result in denial of the petition.

(c) A complete petition for certification under this rule must be filed with the admissions director no later than September 1 for the upcoming comprehensive licensing exam components administered January through May of the following year, and no later than January 1 for the upcoming comprehensive licensing exam components administered June through December of the same year. The petition must be verified and shall contain a statement of facts accompanied by copies of all relevant documents, a statement of each ground upon which relief is alleged to be warranted, and legal points and authorities, setting forth the legal basis for each ground for the relief requested. The committee shall be permitted to request additional information or documents from the petitioner, and/or to hold a hearing with the petitioner, as needed, to render a decision.

(d) The admissions director may hold an application in abeyance if the application is not complete in time for a recommendation to be made for the upcoming licensing exam component; however, in no event shall an application be extended more than twelve months after the initial filing date, in which event the prospective applicant will be required to file a new application.

5. Hearings. Consistent with Rule 57, the committee may, in conducting its investigations, take and hear relevant evidence, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers, and documents, subject to the Supreme Court Rules.

Upon payment of the filing fee and estimated expenses, the committee shall review such evidence and conduct such hearings as it deems necessary to investigate the grounds asserted by the prospective applicant and to determine whether the prospective applicant has met the qualifications set forth in this rule. The prospective applicant shall be entitled to notice as set forth in this rule and to be present, together with counsel, if desired, to present evidence to substantiate the claim. The prospective applicant shall also be entitled to all rights and privileges as are set forth in the Supreme Court Rules relating to the conduct of investigations and hearings. In any proceeding before the committee, the prospective applicant shall bear the burden of proof to demonstrate that the prospective applicant meets the qualifications as set forth in this rule.

6. Notice. Consistent with Rule 59, whenever a prospective applicant is required to appear before the committee, the prospective applicant shall be entitled to five days’ notice thereof if served personally, and ten days’ notice if served by mail at the prospective applicant’s last-known address or through email to the prospective applicant’s last-known email address.

7. Refer to committee on character and fitness. If the committee has noted questions relating to the prospective applicant’s ability to meet the character and fitness requirements of Rule 51(1)(d), (e), (f), (g), (h), or (i), the committee may recommend to the board of bar examiners that the prospective applicant be referred to the committee on character and fitness for further investigation and/or hearings prior to review by the committee on functional equivalency.

8. Recommendation to the board of bar examiners. The committee shall make a determination whether the prospective applicant meets the qualifications as set forth in this rule on or before December 1 of the year immediately preceding the year in which the prospective applicant seeks to sit for a component of the comprehensive licensing examination administered January through May of the following year, and on or before April 1 of the year in which the prospective applicant seeks to apply for comprehensive licensing exam components administered June through December of the same year.

9. Favorable recommendation. If the committee recommends that certification be granted, the committee shall file a report with the board of bar examiners, together with proof of service by mail or email on the prospective applicant, certifying to the board of bar examiners that the prospective applicant has met the qualifications set forth in Rule 51.5(1)(a), (b), (c), or (d). Service by mail shall be complete upon mailing. The report shall be filed with the board of bar examiners within thirty days of the determination, unless otherwise ordered by the board of bar examiners. Upon receipt of such certification, the board of bar examiners shall permit the prospective applicant to apply for components of the comprehensive licensing examination, unless the board determines that further investigation is necessary.

10. Adverse recommendation. If the committee recommends that certification be denied, the committee shall file a report with the board of bar examiners, together with proof of service by mail or email on the prospective applicant, describing the basis for its adverse recommendation. Service by mail shall be complete upon mailing. The report shall be filed with the board of bar examiners within thirty days of the determination, unless otherwise ordered by the board of bar examiners. Absent a timely verified petition for review filed in accordance with this rule, the board of bar examiners shall approve the adverse recommendation of the committee, unless the board of bar examiners determines that further investigation is necessary.

11. Notice of adverse decision and review.

(a) Any prospective applicant notified of an adverse decision may, within fifteen days from the date of service of the decision, file a verified petition for review with the supreme court, which shall be accompanied by a non-refundable filing fee and proof of service of a copy upon the admissions director. Service by mail shall be complete upon mailing. Such petition shall contain any relevant documentation necessary for the court’s understanding of the matter, a statement of facts supported by adequate citation to any record, and legal points and authorities setting forth the legal basis for each ground upon which the committee’s recommendation is alleged to be erroneous.

(b) Within fifteen days of service of any verified petition, the board of bar examiners shall file the committee’s report to the court. Additionally, within fifteen days of service of any verified petition, the board of bar examiners and/or the committee on functional equivalency, or their representative, may file a supplement to the committee’s report addressing any issues raised in the petition.

(c) If the court is of the opinion that the committee’s recommendation should not be disturbed, it may deny the petition. Otherwise, the court may enter an order fixing the time within which an answer may be filed by the committee, if the committee has not already filed an answer.

(d) Should the court determine that the prospective applicant is entitled to relief, it may direct the board of bar examiners to permit the prospective applicant to file an application to complete the components of the comprehensive licensing exam and to process any application in accordance with Supreme Court Rules 49 to 75.

12. Burden of proof. In the petition, in any proceeding before the committee, or before the court, the prospective applicant shall have the burden of proving that they meet the qualifications set forth in Rule 51.5(1)(a), (b), (c), or (d) by clear and convincing evidence, without imposing an excessive burden on the committee. Should a prospective applicant fail to meet this burden of proof, the committee shall refuse to certify that the prospective applicant meets the requirements of this rule, and the court shall refuse to disturb the adverse recommendation of the committee.