Supreme Court

In re Amendment to Article II, Rules 1, 2, 3, 4 and 5 of the Supreme Court Rules

(Admission to Practice Law).

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O R D E R

Section 1. Article II, Rule 1 of the Supreme Court Rules of Admission to Practice Law is

hereby amended to read as follows:

Rule 1. Admission on examination. - Every person applying for admission to the bar upon examination shall file a written application, under oath, in the clerk's office and shall satisfy the board of bar examiners that:

(a) He/She is a citizen of the United States or legal resident, of good character;

(b) He/She is over twenty-one (21) years of age; (c) He/She has graduated from a law school accredited and approved by

the American Bar Association and approved by the board; (d) If a graduate of a law school in a country other than the United States,

that said law school and further professional training accompanying the same meet the standards of law schools accredited or approved by the American Bar Association and approved by the Board; and

(e) He/she is otherwise qualified to practice law. No person shall be permitted to take more than five (5) examinations except by special order of the court, and the court, as a condition of granting special permission to take further examination, shall impose upon the applicant additional educational requirements. Commencing with the July 1998 bar examination, however, no person who prior to the date thereof or at any time thereafter has failed a total of five (5) bar examinations, whether in Rhode Island or in any other combination of states, districts, or territories of the United States (including the District of Columbia), will again be permitted to take the Rhode Island bBar eExamination, and no special order excepting any such person from this five (5) examination limit will be granted by this cCourt.

Note. The Rules of Practices of the Board of Bar Examiners Governing Admission on Examination of State of are available on the Rhode Island Supreme Court website or by contacting the Bar Administrator at the Rhode Island Supreme Court Clerk’s Office, Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island 02903, (401) 222-4233, ribarexam@courts.ri.gov.

The rules of the Supreme Court of Rhode Island governing admission to the Bar are herein set forth for the information of interested persons.

Examinations are generally held on the last Tuesday and Wednesday in February and July. All applications must be filed by December 1, and May 1, respectively. Application fees are non-refundable.

Any applicant for the bar examination shall be required to have obtained a Multi-State Professional Responsibility Examination (MPRE) scaled score of 80 in order to be eligible to sit for the Rhode Island bar examination. This score is good for two years from the date the MPRE was taken. It is the responsibility of the applicants to have their score forwarded to the Clerk, R.I. Supreme Court, prior to the filing of their applications.

THIS RULE DOES NOT APPLY TO ARTICLE II, RULE 2 ATTORNEY ADMISSIONS.

Examinations consist in part of essay type questions and in part of objective type questions provided by the Multi-State Bar Examination Program sponsored by the National Conference of Bar Examiners. Essay questions will include the following subjects, assuming as well, a general knowledge of the law: Agency, Partnership, Corporation, Civil Practice, Probate, Wills, Trusts, Conflict of Laws, Creditors Rights, Uniform Commercial Code, Domestic Relations and Equity. Multi-state multiple choice (or ‘objective type’) questions include Contracts, Criminal Law, Evidence, Real Property, Torts, and Constitutional Law.

Grading

The MBE examinations are graded by the National Conference of Bar Examiners on a scaled scoring system with scores ranging from 0 to 200. A scaled score of 130 on the MBE portion of the examination shall be required to pass the bar examination, and graders will not read the essay or MPT responses of any candidate whose scaled score on the MBE is lower than 130.

Each of the essay and MPT answers shall be graded on a six-point scale, with 6 being the highest score and 0 being the score if the applicant did not submit an answer or if the answer is totally irrelevant. Each MPT score shall be multiplied by two so as to be weighed the same as two essay responses, and the applicant's MPT and essay scores shall be aggregated. The maximum raw score for the MPT and essay answers shall be 66 (9 x 6 on the essays and 2 x 6 on the MPT problem). The aggregate scores shall then be scaled against the MBE scores of the Rhode Island applicants (ignoring those Rhode Island applicants whose scaled score on the MBE was lower than 130). The scaled scores of the MBE, essays and MPT will then be totaled. A resulting score of 276 shall be required to pass the examination.

Rule 2 Admissions

Candidates for admission under Rule 2 shall be required to take only the essay and MPT portions of the examination. The raw scores of these candidates will be scaled to the MPT and essay scores of the candidates taking both parts of the examination, and a scaled score of 138 will be required to pass the examination.

General Information

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Candidates who fail an examination may file a request, in writing, with the Clerk of the Supreme Court for a conference with a member of the Board of Bar Examiners to review his/her answers and grades.

All candidates must appear, when notified, for a personal interview with a member of the Committee on Character and Fitness.

Where a candidate has requested permission to take the Multi-State (MBE) part of the examination in a state other than Rhode Island, it will be the responsibility of the candidate to arrange with that state for the forwarding of Multi-state examination results to the Rhode Island Board. Candidates may request the National Testing Center to have their Multi-State Examination (MBE) results forwarded directly to other states. Information should include Total Scaled Score.

Examinations are conducted in complete conformity with the Code of Recommended Standards for Examiners prepared by the American Bar Association Section on Legal Education and Admission to the Bar. This code provides, among other recommendations, for non-identity grading by number, grading of all answers for each question by the same Examiner, and post- examination conferences.

The above Section of Legal Education and Admission to the Bar generally advises that an examination should test ability to reason logically, analyze problems correctly and show a thorough knowledge of the basic principles of the law and their relationship to a specific fact situation or situations.

Candidates who are graduates of a law school in a country other than the United States will be required to demonstrate to the Board that said law school and further professional training accompanying the same meet the standards of law schools accredited or approved by the American Bar Association and approved by the Board. The candidate will be required to have an American Bar Association accredited law school certify that said foreign law school meets this standard, and shall submit to a character investigation conducted by the National Conference of Bar Examiners. The Board may require, in its discretion, further training in an American Bar Association approved school.

There is no requirement for registration by law students.

All applications of bar applicants will be destroyed either (a) ten (10) years from date of admission or (b) five (5) years from the last examination taken.

POLICY ON SPECIAL TESTING ACCOMMODATIONS

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It is the policy of the Board of Bar Examiners that the bar examination will be administered to all eligible applicants in a manner that does not discriminate against physically handicapped and special needs applicants.

Any applicant desiring special testing arrangements shall petition the Board at least ninety (90) days prior to the subject examination setting forth his/her impairment and what special arrangements are desired by the applicant. If the Board of Bar Examiners, after hearing, determines that the request for handicap or special needs arrangements has been substantiated, the request shall be granted and the appropriate arrangements shall be provided.

The applicant must attach to his/her petition the following:

1. His/her physician's documentation of the impairment, describing the applicant's limitations and specific recommended needs of the applicant; and

2. Letter from the Dean of the law school setting forth its procedure for testing the applicant and whether or not extra time was allowed for examination.

The Multi-State Bar Examination is available in large type and Braille for

those applicants requiring such a format.

The English language shall be the language of the bar examination, as it is the language used throughout the Rhode Island Judicial System.

All inquiries concerning the nature of the practice of law in Rhode Island or the availability of privately conducted preparatory courses for the Rhode Island Bar Examination should be addressed to:

Ms. Helen Desmond McDonald, Executive Director Rhode Island Bar Association

115 Cedar Street Providence, Rhode Island 02903

(401) 421-5740

All other inquiries should be addressed to:

Clerk of the Supreme Court Frank Licht Judicial Complex

250 Benefit Street Providence, Rhode Island 02903

Chairman, Board of Bar Examiners (401) 222-4233

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RULE OF PRACTICE AND PROCEDURES OF RHODE ISLAND BOARD OF BAR EXAMINERS REGARDING CONTENT AND GRADING

The following Rule shall govern the content and grading of bar

examinations beginning with the February 2008 examination.

The Rhode Island Bar Examination shall be administered twice yearly on two consecutive days. It shall consist of one day of the Multi-State Bar Exam (MBE), and a second day consisting of one Multi-State Practice Test (MPT) problem, six Multi-State Essay (MEE) questions; and three essay questions composed and corrected by members of the Board of Bar Examiners.

The Multi-State Essay Examination shall consist of six questions drawn from a number of subject matters which include the following: Agency and Partnership; Criminal Law, Commercial Paper (negotiable interests); Conflict of Laws; Constitutional Law, Contracts, Corporations and Limited Liability Companies; Decedents' Estates; Evidence, Family Law; Federal Civil Procedure; Real Property, Sales; Secured Transactions; Torts, and Trusts and Future Interests. This portion of the examination is administered in one three-hour session, which is timed for the afternoon in the Central and Eastern Time Zones on the Tuesday before the last Wednesday in February and July.

The essay questions composed by members of the Board of Bar Examiners shall test subject matter which is not included in the MEE examination for that testing cycle and which is within the standard statutory authorization for subject matter controlling this Board.

Section 2. The attached Board of Bar Examiners Rules of Practice Governing Admission

on Examination, as proposed by the Board of Bar Examiners, are hereby approved by the Court.

Section 3. Admission to the Rhode Island Bar of foreign law school graduates pursuant

to Article II, Rule 1(d) is suspended until further order of the Court.

Section 4. Article II, Rule 2 of the Supreme Court Rules of Admission to Practice Law is

hereby amended to read as follows:

“Rule 2. Attorney admitted in other states. – (a) Attorney admission on examination. A person who has been admitted as an attorney of the highest court of any state, district or territory of the United States for at least five (5) years who applies for admission in this State shall only be required to take the essay portion of the Rhode Island Bar Examination upon the applicant's compliance with the following conditions:

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(a1) He/She shall file a written application, under oath, with the Clerk's Office and shall satisfy the board that he or she meets the requirements of subdivisions (a), (b), and (ce) of Rule 1; and

(b2) He/She has been engaged in the full-time active practice of law for at least five (5) years of the last ten (10) years immediately preceding filing of his or her application; or

(c3) He/She has been engaged in the full-time teaching of law at a law school accredited by the American Bar Association for at least five (5) years of the last ten (10) years immediately preceding the filing of his or her application;.

(d4) Said applicant shall provide the court with a certificate of admission from the highest judicial court of such state, district or territory, of which he/she is admitted, and shall submit to a character investigation conducted by the National Conference of Bar Examiners.

(eb) Programs providing legal services to indigents – Special counsel to the Department of Attorney General. Any attorney who is a member of the bar of the highest judicial court of a state, district or territory of the United States who seeks to be admitted to practice before the courts of this state in cases in which he/she is associated with an organized and Supreme Court approved program providing legal services to indigents may be admitted to practice upon filing with this court a written application, under oath, in the cClerk’s oOffice and after satisfying the Board of Bar Examiners this Court that he/she is a member in good standing of said court and he/she is or will be associated with such a program. Approval by this court may be granted to programs providing legal services to indigents which programs are either (1) funded in whole or in part by the federal government or by the Rhode Island Bar Foundation or (2) sponsored by a law school accredited and approved by the American Bar Association or (3) sponsored by the office of the Rhode Island Public Defender.

Any attorney who is a member of the bar of the highest judicial court of a state, district or territory of the United States who seeks to be admitted to practice before the courts of this state in cases in which he/she is associated with the Department of Attorney General may be admitted upon petition of the Attorney General to this court to serve as special counsel for good cause shown and after satisfying the Board of Bar Examiners this Court that he/she is a member in good standing of said court and he/she is or will be associated with the Department of Attorney General.

* * * Time spent practicing law pursuant to the authority of this subdivision shall

not be used to satisfy the requirement of subdivision (ba) herein.” (fc) Admission while on active duty with the armed services. Any attorney

who is a member of the bar of the highest judicial court of a state, district, or territory of the United States, who is on active duty with any one of the armed services in the state of Rhode Island, may be admitted to practice before the courts of this state upon petition of the senior legal officer of such service on active duty within the service district which includes the State of Rhode Island, to represent in civil or criminal causes junior non-commissioned officers and enlisted personnel of such service who might not otherwise be able to afford proper legal assistance. Such an attorney shall conduct himself/herself as a

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member of the bar of this Court, with all of its obligations, including Articles III (Disciplinary Procedures), IV (Periodic Registration of Attorneys and Mandatory Continuing Legal Education Regulations) and V (Rules of Professional Conduct) of these rules.

* * * Time spent practicing law pursuant to the authority of this subdivision

shall not be used to satisfy the requirements of subdivision (ba) herein. (gd) Judge Advocate Generals. Any attorney who is a member in good

standing of the bar of the highest judicial court of a state, district or territory of the United States, who is on extended active duty with the Rhode Island National Guard or who is on duty as a member of the Rhode Island National Guard and assigned to a Judge Advocate General position, may provide legal services pursuant to a legal assistance program established under 10 U.S.C. § 1044 and may appear before any court, tribunal, commission, board, department, or agency of the State of Rhode Island upon petition of the State Judge Advocate of the Rhode Island National Guard, to represent the Rhode Island National Guard, its officers, members, and employees acting in their official capacities. Such an attorney shall be considered to be a member of the bar of this Court during such service.

* * * Time spent practicing law pursuant to the authority of this subdivision

shall not be used to satisfy the requirements of subdivision (ba) herein. (he) Law school faculty supervising clinical law programs. Any attorney

who is a member in good standing of the bar of the highest judicial court of a state, district or territory of the United States, and who is employed as a full-time permanent or full-time visiting faculty member of a law school accredited and approved by the American Bar Association, may be admitted to practice law in this state solely for the purpose of supervising clinical law students in a clinical law program providing legal services to indigent clients. Such an attorney shall conduct himself/herself as a member of the bar of this Court, with all of its obligations, including Articles III (Disciplinary Procedures), IV (Periodic Registration of Attorneys and Mandatory Continuing Legal Education Regulations) and V (Rules of Professional Conduct) of these rules.

* * * Time spent practicing law pursuant to the authority of this subdivision

shall not be used to satisfy the requirements of subdivision (ba) herein.”

Section 5. Any person who would be prohibited by these amendments to Article II, Rule

2 from taking additional bar examinations because he/she has already failed five (5) bar

examinations in Rhode Island or in any combination of states, districts, or territories of the

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United States (including the District of Columbia) as of the date of this Order shall be afforded

one (1) additional opportunity to sit for the February 2016 Rhode Island Bar Examination.

Section 6. The following is hereby added as a Note following Article II, Rule 2 of the

Supreme Court Rules of Admission to Practice law:

“The Rules of Practice of the Board of Bar Examiners Governing Admission on Examination are available on the Rhode Island Supreme Court website or by contacting the Bar Administrator at the Rhode Island Supreme Court Clerk’s Office, Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island 02903, (401) 222-4233, ribarexam@courts.ri.gov.” Section 7. Article II, Rule 3 of the Supreme Court Rules of Admission to Practice Law,

entitled “Admission to the bar: committee on character and fitness” is hereby amended to read as

follows:

“(e) Persons seeking admission to practice law shall, not later than May 1 of the year in which they intend to take the July examination, and not later than December 1 next preceding the year in which they intend to take the February examination, file with the Committee on Character and Fitness and with the Clerk of the Supreme Court the petition/questionnaire on a form furnished by the Clerk, except that applicants who are graduates of a law school in a country other than the United States and applicants under Rule 2(a) shall submit the petition/questionnaire not later than AprilFebruary 1 for the July examination, and not later than NovemberSeptember 1 of the next preceding year in which they intend to takefor the February examination. The petition/questionnaire shall also contain a certificate signed by two (2) persons certifying the applicant’s good moral character. The questionnaire shall be executed by the applicant under oath. The foregoing requirements as to the time of filing may be waived for good cause shown.”

These new application filing deadlines are effective starting with the February 2016

Rhode Island Bar Examination.

Section 8. Article II, Rule 4 of the Supreme Court Rules of Admission to Practice Law,

entitled “Rule 4. Fees and Notice” is hereby amended to read as follows:

“Rule 4. Fees and Notice. An applicant for admission by examination pursuant to Rule 1 shall pay to the Character and Fitness Committee a fee of Six Seven Hundred Twenty-Five Dollars ($600725.00). Attorneys seeking admission under

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Rule 2(a) shall pay to the Clerk a fee of Seven Hundred Dollars ($700.00). Rule 1 applicants who are graduates of a law school in a country other than the United States and Rule 2(a) applicants shall pay a separate fee to the National Conference of Bar Examiners for the required character investigation, including a supplemental report upon retaking the examination. An applicant who has failed an examination and wishes to take a subsequent examination shall pay to the Clerk a fee of Six Seven Hundred Twenty-Five Dollars ($600725.00). An applicant who chooses to defer taking the examination to a subsequent date to the next scheduled examination shall pay to the Clerk an additional fee of Three Hundred Dollars ($300.00). Applicants who request that their Multi-State Bar Examination score be forwarded to another jurisdiction shall pay to the Clerk a fee of Twenty-five Dollars ($25.00). Applicants who request a copy of their previously submitted petition/questionnaire and copies of any additional bar application materials shall pay to the Clerk a fee as set by the Court. At least ten (10) days prior to the examination or, in the case of applicants for attorney admission, at least seven (7) days prior to such admission, the boardClerk shall cause to be published in a legal notice or news story in a daily newspaper of general circulation in this state the names of such all applicants for admission. All fees collected pursuant to this rule shall be used to cover the costs of administering the examination with any surplus to be deposited into the general fund.”

Section 9. The following is hereby added as a Note following Article II, Rule 5 of the

Supreme Court Rules of Admission to Practice law, entitled “Composition of the board”:

“The Rules of Practice of the Board of Bar Examiners Governing Admission on Examination are available on the Rhode Island Supreme Court website or by contacting the Bar Administrator at the Rhode Island Supreme Court Clerk’s Office, Licht Judicial Complex, 250 Benefit Street, Providence, Rhode Island 02903, (401) 222-4233, ribarexam@courts.ri.gov.”

Entered as an Order of this Court this 29th day of May 2015.

/s/ Suttell, C. J.

/s/ Goldberg, J.

/s/ Flaherty, J.

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/s/ Robinson, J.

/s/ Indeglia, J.

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BOARD OF BAR EXAMINERS RULES OF PRACTICE GOVERNING ADMISSION ON EXAMINATION

ADOPTED BY THE BOARD PURSUANT TO ARTICLE II, RULE 5 OF THE SUPREME COURT RULES AND APPROVED BY THE COURT ON MAY 29, 2015.

1. COMPOSITION AND SCOPE OF THE BOARD OF BAR EXAMINERS.

a. Powers and Duties of the Board. The Board of Bar Examiners (the “Board”) shall have theduties and powers set forth in Article II, Rule 6 of the Rhode Island Supreme Court Rules.

b. Members. Members of the Board shall be appointed and serve terms in accordance withArticle II, Rule 5 of the Supreme Court Rules, or as otherwise ordered by the Rhode IslandSupreme Court (the “Court”).

c. Chair. The Board shall elect a Chair from its own membership to serve a two (2) year termcommencing in the January of odd-numbered years. Elections shall be held during thesecond year of the current Chair’s term at the Board’s annual fall meeting. Members eligiblefor election shall have been members for three (3) years from the date of their appointment tothe Board.

d. Meetings. The Board shall hold regular meetings at a time and place to be determined by theBoard. Special meetings may be held upon reasonable notice at such time and place to bedetermined by the Chair. Six (6) members shall constitute a quorum of the Board. Amajority of the members present at a meeting at which a quorum is present shall be requiredfor action by the Board.

e. Committee on Character and Fitness Member. Pursuant to Article II, Rule 3(b) of theSupreme Court Rules, one (1) member of the Board, to be selected by the Board andapproved by the Court, shall serve as a member of the Committee on Character and Fitness(the “Committee”). The designated Board member shall be subject to the term limits formembers of the Committee set forth in Article II, Rule 3(c).

f. Compensation and Expenses. As set forth in Article II, Rule 5, members of the Board shallserve without compensation. Any expenses or costs incurred by the Board, its agents oremployees in discharging their duties shall be paid by the Court.

g. To avoid confusion with reference to the Rules of Admission set forth in Article II of theSupreme Court Rules, these Board Rules of Practice shall be referred to and cited as “Rulesof Practice” or “Practice Rules.”

h. These Rules of Practice set forth the requirements for admission to the Rhode Island byexamination pursuant to Article II, Rules 1 (Admission on examination) and 2(a) (Attorneyadmission on examination).

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2. RULE 1 APPLICANT - ADMISSION ON EXAMINATION.

a. General. This Section sets forth the rules governing admission to practice law in RhodeIsland on examination pursuant to Article II, Rule 1 of the Supreme Court Rules. Except forthose individuals who meet the limited exceptions set forth in Article II, Rule 2(b) – (e), allpersons seeking admission to the Rhode Island bar shall be required to apply for, sit, and passthe Rhode Island Bar Examination as administered by the Board.

b. Application for Admission. Every person applying for admission to the Rhode Island barupon examination under Article II, Rule 1 shall file a written application, under oath, in theoffice of the Supreme Court Clerk (the “Clerk”) and shall satisfy the Board that he/she hasmet all requirements set forth in Rule 1 and as further set forth herein.

i. Prerequisites for Article II, Rule 1 Applicants. Applications received from persons whohave not first met the following requirements shall be rejected:

1) Citizenship. All prospective applicants shall be citizens of the United States or legalresidents, of good character.

2) Age. All prospective applicants shall be at least twenty-one (21) years of age.

3) Law Study. All prospective applicants shall have graduated and received a lawdegree from a law school accredited and approved by the American Bar Association(ABA) and approved by the Board. By submitting an application, the applicantattests to the fact that he/she has graduated with a juris doctor degree from an ABAaccredited and approved law school.

4) Multistate Professional Responsibility Examination. All prospective applicantsshall be required to have achieved a scaled score of not less than 80 on theMultistate Professional Responsibility Examination (MPRE) within the five (5)years prior to the application deadline for the Rhode Island Bar Examination.Scores achieved on a MPRE taken more than five (5) years prior to the applicationdeadline shall not be accepted. It is the responsibility of the prospective applicantto have his/her score forwarded to the Clerk prior to submitting the writtenapplication.

For applicants who have deferred application from a previous bar examination or who are applying to retake the bar examination, the applicationdeadline for the respective examination shall be used to determine the continuedvalidity of MPRE scores.

5) Past Bar Examination Results. No person who has failed five (5) or more barexaminations, whether in Rhode Island or in any combination of states, districts,and territories of the United States, will be permitted to take the Rhode Island BarExamination, and no special order excepting any such person from this five (5)examination limit will be granted by the Court.

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6) All prerequisites for admission must be satisfied as of the application deadline and must be satisfied as of the applicable application deadline for the next examination if an applicant has deferred his/her Application or is retaking the examination.

ii. Application. The written application shall consist of a completed Petition/Questionnaire

for Admission (the “Petition”) together with all fees and supporting documents required therewith (collectively, the “Application”).

Applications to sit for the February bar examination shall be filed with the Clerk’s Office no earlier than the results release date of the pervious July bar examination and no later than December 1 of the previous year. Applications to sit for the July bar examination shall be filed with the Clerk’s Office no earlier than the results release date of the previous February bar examination and no later than May 1 of the year in which the applicant seeks to take the examination. Application deadlines are strictly enforced. The application deadline for applicants retaking the bar examination may be extended by the Bar Administrator if necessary due to the results release date of the prior examination. Applications submitted by mail must be postmarked by the respective dates and deadlines to be deemed timely.

iii. Petition, Fees, and Supporting Documents. No Application shall be accepted unless (1)

it includes a completed Petition/Questionnaire and current credit report, (2) all required fees are paid in full, and (3) it includes any and all special testing accommodation request forms and supporting documentation as set forth in in subsection v. below. Credit reports must be obtained from one of the three major national credit bureaus (Equifax, Experian and TransUnion) and must be obtained within ninety (90) days of submission to be deemed current.

Receipt of all other forms and supporting documents after the relevant filing deadline shall not affect the timeliness of an Application. It shall be the burden of the applicant to ensure that all remaining forms and supporting documents are filed prior to the applicant’s personal interview with a member of the Committee on Character and Fitness.

Applications with incomplete or missing forms or documentation, outstanding fees, and/or insufficient evidence that all prerequisites have been met, may be rejected at any time.

All fees are nonrefundable.

iv. Procedure for Review of Applications. Applications that (1) include all completed forms and documentation, (2) have no outstanding fees, and (3) show on their face that the applicant has met all prerequisites shall be forwarded to the Committee on Character and Fitness for review in accordance with Article II, Rule 3 of the Supreme Court Rules.

v. Special Testing Accommodations. The Rhode Island Bar Examination shall be administered to all candidates in accordance with the Americans with Disabilities Act (ADA), as amended. A qualified applicant with a disability who is otherwise eligible to take the bar examination, but who cannot demonstrate under standard testing conditions

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that he/she possesses the knowledge and skills to be admitted to the Rhode Island bar, may request reasonable test accommodations when applying for admission.

1) Request Form. For any request for test accommodations to be considered, an

applicant must submit a complete and signed Form 1: Applicant Request for Test Accommodations, together with all applicable forms and required documentation specified in the Applicant Checklist in Section V of Form 1, with his/her Application. Prospective applicants shall submit a complete and timely request for test accommodations as set forth in the General Instructions for Requesting Test Accommodations.

In addition to submitting the required special testing accommodation forms and supporting documentation in hardcopy, the completed forms and documentation shall be submitted electronically as a single document in Portable Document Format (PDF) by e-mail to ribarexam@courts.ri.gov by the application deadline. The e-mail shall be marked “confidential” and the electronic document attached to the e-mail shall be given a title in the following format: lastname-barexammonth-barexamyear.pdf. For example, the PDF submitted by John Smith for the July 2014 bar examination should be titled Smith-July-14.pdf.

2) Review Process. All requests for test accommodations will be evaluated by one (1) or more independent qualified medical professionals and/or one (1) or more independent qualified legal professionals. The independent evaluations shall be based solely on the documentation submitted by the applicant. The Board may, following the independent evaluations, request additional documentation from the applicant. Failure to provide documentation may be grounds for denial of an applicant’s request for test accommodations.

Upon receipt of the recommendation of the independent evaluators, the Board shall determine whether the request for testing accommodation(s) has been substantiated. If the Board determines the request has been substantiated, the request shall be granted and the appropriate accommodations shall be provided to the applicant.

Any applicant who was granted special testing accommodations by the Board for a previous examination but then defers to the next examination, and who has had no material change to his/her condition, need only file Form 1 by the application deadline for the next examination. Any applicant retaking the bar examination who was granted special testing accommodations by the Board for a previous examination, and who has had no material change to his/her condition, need only file Form 1 by the applicable application deadline. Any applicant who has had a material change to his/her condition and who has deferred to the next examination or who is retaking the examination shall submit the necessary forms by the applicable application deadline. The updated request for test accommodations shall be submitted to the independent evaluators and to the Board for further consideration.

vi. Duty to Update Application. Applicants have an ongoing duty to update their

Application to ensure that all of the information included therein is current, complete,

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and accurate at all times. Updated information must be reported to and filed with the Bar Administrator within ten (10) days of any such changes by a full executed Amendment to Application form (Amendment Form). The applicant’s duty to update his/her Application remains until he/she has taken the Oath of Attorney in Rhode Island and has registered as a member of the Rhode Island bar, or until the Application has been closed. Any failure to update may result in the closing of the applicant’s Application and/or denial of admission to the Rhode Island bar.

vii. Deferral of Application. At any time prior to one (1) week before his/her scheduled examination, an applicant may defer to the next scheduled examination by filing with the Bar Administrator a letter of intent to defer together with the required deferral fee. Further deferral requires filing a letter of intent for each examination deferred along with payment of the required deferral fee. Requests to defer within one (1) week of a scheduled examination may be granted by the Board upon a showing of good cause.

The Board reserves the right to defer any applicant to the next scheduled bar examination, at no cost to the applicant, if the Board reasonably determines, in its discretion and based on pertinent information, that allowing the applicant to sit for his/her scheduled examination may (1) disrupt or adversely affect the examination process in any way, (2) disrupt or adversely affect one (1) or more examinees at the scheduled examination, and/or (3) violate any judgment, order and/or decree of any court of law or government board or agency, whether formal or informal, pending or closed.

viii. Withdrawal of Application. At any time prior to one (1) week before his/her scheduled

examination, an applicant may withdraw from his/her scheduled examination by filing with the Bar Administrator a letter of intent to withdraw. Upon receipt, the applicant’s Application shall be closed. Applicants who have withdrawn their Application must submit a new Application in order to sit for a future bar examination. Requests to withdraw within one (1) week of a scheduled examination may be granted by the Board upon a showing of good cause.

c. Character and Fitness Assessment. The Board shall recommend for admission to the

Rhode Island bar only those applicants who are qualified and who have both passed the bar examination and been recommended by the Committee on Character and Fitness for admission to practice law in Rhode Island. The Board may postpone making such recommendation for any applicant required to submit to a character investigation by the National Conference of Bar Examiners (NCBE) if the Board and/or the Committee determines that such character investigation is incomplete or requires further review.

d. Examination. Pursuant to Article II, Rule 6, the Board shall examine applicants for

admission to the Rhode Island bar as to their knowledge of law. The examination shall test an applicant’s ability to reason logically, analyze problems correctly, and show a thorough knowledge of the basic principles of law and their relationship to specific fact situations.

i. Time and Administration of Examination. The Board shall administer the Rhode Island

Bar Examination semiannually, with each examination being conducted on two (2)

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consecutive days. Examinations are generally held on the last Tuesday and Wednesday of February and the last Tuesday and Wednesday of July; the Board shall determine the time and location of each examination.

ii. Structure and Content. The examination shall consist of four (4) parts: (1) three (3) essay questions composed by members of the Board administered on the first examination day; (2) the Multistate Performance Test (MPT) administered on the first examination day; (3) the Multistate Essay Examination (MEE) administered on the first examination day; and (4) the Multistate Bar Exam (MBE), administered on the second examination day.

The MEE shall consist of six (6) questions drawn from a number of subject matters, including but not limited to the following: Business Associations, Agency and Partnership; Federal Civil Procedure; Conflicts of Law; Contracts; Criminal Law and Procedure; Evidence; Family Law; Real Property; Torts; Trusts and Estates; and Uniform Commercial Code. These questions are to be answered based upon general legal principles.

Essay questions composed by members of the Board are to be answered using controlling Rhode Island law.

The subjects covered by the MBE are Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Real Property, and Torts.

iii. Laptop Use. All applicants are permitted to use their personal laptop for the essay portion of the examination administered on the first examination day (Tuesday). Laptop users must upload their answers by 11:00 p.m. of the second examination day (Wednesday). Failure to upload answers by the upload deadline shall constitute an automatic fail of the examination, except for good cause shown. The Board does not warrant or guarantee the software program used by applicants and is not responsible for any disruptions, losses, interruptions or any other problems related to an applicant’s usage of the software program.

iv. Grading. Each applicant will be assigned a unique five-digit number by the Bar Administrator after his/her application is approved to take the examination. The number shall be used by the Board to identify the applicant’s answers to the examination during the grading process, and the information connecting the identity of an applicant with an applicant’s number shall not be provided to any member of the Board until it meets to approve the examination results.

1) Multistate Bar Examination. The MBE portion of the examination shall be graded

by the National Conference of Bar Examiners (NCBE) on a scaled scoring system with scores ranging from 0 to 200.

The Board shall allow an applicant to sit for the MBE portion of the examination in a state other than Rhode Island provided that the MBE is administered concurrently with the applicant’s scheduled examination in Rhode Island. The applicant shall be responsible for ensuring his/her scaled MBE score is properly transferred to the Board. The Board shall only accept MBE scores transferred from concurrently administered examinations.

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An applicant sitting for the MBE in Rhode Island may transfer his/her MBE score to other jurisdictions by completing the MBE transfer form and filing it with the Clerk along with the required fee. A separate transfer form and fee shall be required for each jurisdiction to which the applicant wishes to transfer his/her MBE score.

2) Multistate Performance Test and Essays. Answers to the MPT, MEE, and Board-

composed essay questions shall be graded by members of the Board. Each of the MPT and essay responses shall be graded on a scaled scoring system with raw scores ranging from zero (0) to six (6), with six (6) being the highest possible raw score per response. Applicants will receive a score of zero (0) for any unanswered question or if the applicant’s response is irrelevant to and/or fails to address the question asked. Each MPT raw score shall be doubled so as to be weighed the same as two essay responses. The maximum aggregate raw score for the MPT, MEE, and Board-composed essay portions of the examination is sixty-six (66).

3) Total Scaled Score. The aggregate raw scores of each applicant for the MPT, MEE,

and Board-composed essay portions of the examination shall be scaled to the MBE scores of all Rhode Island bar applicants who sat for the examination. The applicant’s scaled score on the MPT, MEE and Board composed essays will be added to his/her MBE scaled score to produce the applicant’s “Total Scaled Score.”

v. Passing Score. A minimum Total Scaled Score of 276 shall be required of each Rule 1 applicant to pass the Rhode Island Bar Examination. Rule 1 applicants who receive a Total Scaled Score lower than 276 fail the examination.

vi. Failure to Appear. The failure to appear for a scheduled examination without first deferring to the next scheduled examination pursuant to Practice Rule 2.b.(vii) or without first withdrawing the application pursuant to Practice Rule 2.b.(viii), shall constitute an automatic fail of the examination, except for good cause shown. Any failed examination pursuant to this rule shall count as a past bar examination result pursuant to Article II, Rule 1(e) and Practice Rule 2.b.(i)(5).

e. Examination Results.

i. Posting of Results. The Board shall promptly post the results at such place(s) and by

such means as it may determine, and the names of all applicants who received passing scores shall be made public.

ii. Notification to Applicants. The Board shall notify each applicant of his/her results on the bar examination by such means as it may determine.

iii. Passed Exams and Admission to the Rhode Island Bar. An applicant who is qualified for admission and passes the bar examination and who has been recommended by the Committee for admission to practice law in Rhode Island shall be recommended by the Board to the Court for admission to the Rhode Island bar. A recommended applicant is

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not a member of the Rhode Island bar and is not entitled to practice law in Rhode Island unless and until he/she has been sworn-in before the Court and registered with the Court as follows:

1) Swearing-in. A recommended applicant shall have one (1) year from the date that

his/her examination results are released to take the Oath of Attorney in Rhode Island administered by a Justice of the Court.

2) Attorney Registration. Pursuant to Article IV, Rule 1 of the Supreme Court Rules

(Periodic Registration of Attorneys), an applicant must register with the Court within three (3) months of the date the applicant was sworn-in.

The Application of any recommended applicant who has failed to be sworn-in

and/or registered within the required periods set forth above shall be closed and the examination scores shall be void, except for good cause shown. The applicant may thereafter reapply for admission to the Rhode Island bar consistent with the Supreme Court Rules and these Rules of Practice.

Any recommended applicant seeking admission to the Rhode Island bar that has failed to be sworn-in and/or registered within the required time periods set forth above may petition the Court for admission. In a petition filed with the Court seeking admission out of time, the applicant shall give sufficient reason why he/she was not sworn-in and/or registered within the required time periods. The petition shall be accompanied by an affidavit setting forth the facts to support the petition and shall include a statement of the applicant whether the information included in each section of the Petition remains current. If the information in the Petition is not current, the applicant shall submit with the Petition a fully executed Amendment Form updating all outdated information in the Petition. Any petition filed pursuant to this Rule of Practice seeking admission out of time will be granted by the Court only upon a finding of good cause.

iv. Failed Examinations. An applicant who fails an examination may file a request, in

writing, with the Clerk for a meeting with up to two (2) members of the Board to review his/her examination answers, provided that any such review shall be limited to review of only those answers on which the applicant received a raw score of two (2) or below. Review of examination answers shall be for informational purposes only; all examination scores are final. All such requests shall be made within thirty (30) days from the date that an applicant’s results were released by the Board.

f. Reapplication. Unless notified in writing by the Board that the filing deadline has been

extended, an applicant who fails an examination may reapply for the next scheduled bar examination by submitting by the applicable filing deadline all outstanding items from the previous application, an updated credit report (obtained within thirty (30) days), and a criminal background check from the jurisdiction where the applicant has resided for the six (6) months prior to reapplying. Upon reapplication, the applicant must satisfy all prerequisites for admission contained in the Supreme Court Rules and these Rules of Practice.

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g. Failure to Satisfy Requirements for Admission. The examination results of any applicant

who is later determined not to have met the requirements of the Rhode Island Supreme Court Rules or these Rules of Practice are void.

3. RULE 2(A) APPLICANT – ATTORNEY ADMISSION ON EXAMINATION.

a. General. Article II, Rule 2(a) of the Supreme Court Rules provides limited examination requirements for individuals who have been admitted as an attorney of the highest court of any state, district or territory of the United States prior to applying for admission to the Rhode Island bar upon examination. This Rule of Practice sets forth the rules governing admission to practice law in Rhode Island on examination pursuant to Article II, Rule 2(a).

b. Application for Admission. Every person applying for admission to the Rhode Island bar upon examination under Article II, Rule 2(a) shall file a written application, under oath, in the office of the Clerk and shall satisfy the Board that he/she has met all requirements set forth in Rule 2(a) and further promulgated herein.

i. Prerequisites for Article II, Rule 2(a) Applicants. Applications received from

individuals who have not first met the following requirements shall be rejected:

1) Article II, Rule 1. The applicant shall meet the requirements set forth in Article II, Rule 1(a), (b) and (e) of the Supreme Court Rules.

2) Legal Experience. The applicant shall have been engaged in the full-time active practice of law or full-time teaching of law for at least five (5) years of the last ten (10) years immediately preceding the application deadline for filingthe application.

(a) Positions Qualifying as the Practice of Law. Only employment as an attorney

qualifies as the practice of law for admission pursuant to Article II, Rule 2(a), except that full-time employment as a judicial law clerk while licensed to practice law in another jurisdiction and full-time employment as a judicial officer will be considered the practice of law for purposes of Article II, Rule 2(a).

(b) Positions Qualifying as the Teaching of Law. Only full-time positions teaching law at a law school accredited by the American Bar Association qualify as the teaching of law for admission pursuant to Article II, Rule 2(a).

ii. Application. A person who meets the foregoing prerequisites may file an Application as

herein defined to sit for the Rhode Island Bar Examination. All Applications for admission pursuant to Article II, Rule 2(a) shall be filed and

processed in conformity with Practice Rules 2.b.(ii.) - (viii.), except that Applications from persons seeking admission pursuant to Article II, Rule 2(a) must be filed with the Clerk on or before September 1 of the previous year if he/she is applying to sit for the February examination and on or before February 1 if he/she is applying to sit for the July examination.

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All prerequisites for admission must be satisfied as of the application deadline, and must be satisfied as of the applicable application deadline for the next examination if an applicant has deferred his/her application or is retaking the examination.

Applicants seeking admission pursuant to Article II, Rule 2(a) shall submit by the applicable deadline a sworn affidavit detailing how they meet the legal experience required to qualify as a Rule 2(a) applicant, along with the following documents required to obtain a NCBE character report:

1) a completed NCBE Request for Preparation of a Character Report form;

2) three (3) original, executed NCBE Authorization and Release forms;

3) payment to the NCBE in the amount of the fee required for the NCBE report; and

4) one (1) extra copy of the Petition for forwarding to the NCBE.

c. Character and Fitness Assessment. Practice Rule 2.c. shall apply to every applicants

seeking admission to the Rhode Island bar pursuant to Article II, Rule 2(a). Applicants seeking admission pursuant to Article II, Rule 2(a) and applicants who defer their application or who retake the examination shall promptly respond to inquiries from the NCBE regarding their pending investigation.

d. Examination. The Board shall examine applicants seeking admission to the Rhode Island bar under Article II, Rule 2(a) during the regularly scheduled examinations described in Practice Rule 2.d.(i.). The examination shall be administered in accordance with the Supreme Court Rules and Practice Rule 2.d., provided that:

i. Article II, Rule 2(a) applicants shall be required to take only the MPT, MEE, and

Board-composed essay portions of the examination; 1) The maximum aggregate raw score on the MPT, MEE and Board-composed essays

of each Article II, Rule 2(a) applicant shall be scaled in the same manner as applicants who sat for the Rhode Island Bar Examination pursuant to Rule 1. The applicant’s scaled score on the MPT, MEE and Board-composed essays is the applicant’s “Total Scaled Score;” and

ii. Total Scaled Score. A minimum Total Scaled Score of 138 shall be required of each

Article II, Rule 2(a) applicant to pass the Rhode Island Bar Examination. Article II, Rule 2(a) applicants who receive a Total Scaled Score lower than 138 fail the examination.

e. Examination Results, Reapplication and Failure to Satisfy Requirements for

Admission. Practice Rules 2.e. - g. shall apply to the examination and admission of applicants seeking admission to the Rhode Island bar under Article II, Rule 2(a). Applicants seeking admission pursuant to Article II, Rule 2(a) must obtain a supplemental character report from the NCBE for each subsequent examination. Requests for a supplemental report

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must be received by the applicable application deadline and shall include a separate payment to the NCBE in the amount of the fee for the NCBE supplemental report.

4. GENERAL INFORMATION.

a. Examination Conduct. All applicants must abide by the Rhode Island Bar Examination Regulations and Code of Conduct (the “Code of Conduct”). Failure to do so may result in sanctions by the Board or its authorized representatives including, but not limited to, disqualification and ejection from the examination site or referral to the Committee for hearing.

At any time during the examination, applicants must be prepared to demonstrate that their clothing and other personal belongings do not contain items prohibited by the Code of Conduct.

The Board is not responsible for the loss or damage to personal property brought to the examination site.

b. Waivers. Requests for waivers pursuant to Article II, Rule 6 will only be granted for good

cause. Carelessness, inattention, or willful disregard of the Supreme Court Rules or these Rules of Practice does not constitute good cause. Waiver requests shall be accompanied by affidavit(s) setting forth the facts to support the request. The Board shall determine whether the request for waiver warrants a hearing or can be determined upon written submissions. Motions for rehearing or reconsideration of Board decisions on requests for waivers are discouraged. Pursuant to Article II, Rule 6, an applicant aggrieved by a denial of the board of his or her petition for a waiver may file a petition for review with the Court within thirty (30) days of the issuance of notice by the Board of such denial.

c. Advisory Decisions. The Board does not issue advisory decisions. An applicant’s

qualifications for admission pursuant to Article II, Rules 1 or 2(a) will be reviewed only upon the filing of a timely Application submitted in accordance with the Supreme Court Rules and these Rules of Practice.

d. Confidentiality. Except as otherwise set forth below or the Supreme Court Rules or as ordered by the Court, the actions and records of the Board shall be confidential and shall not be disclosed or open to inspection by the public.

i. Permitted Disclosures. The Board reserves the right for the following permitted

disclosures of its actions and records, including but not limited to applicant information and/or documentation:

1) The Board may publish a list of the names of all applicants scheduled to sit for each

examination.

2) The Board may publish a list of the names of all applicants who received passing scores on each examination.

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3) Upon written request from the Dean of a law school, the Board may furnish the law school with the names of all applicants who graduated from the law school noting which applicants passed and failed the examination and the number of times the applicant has taken the Rhode Island Bar Examination, provided that the law school has first agreed only to use such information internally within the law school for data collection and not to disclose the names of such applicants to any person or organization outside of the law school, unless otherwise agreed to by an applicant.

4) The Board may furnish the Rhode Island Bar Association and the United States

District Court for the District of Rhode Island with the names and addresses of all applicants who received passing scores on examinations.

5) Upon written request from the Rhode Island Office of Disciplinary Counsel and/or from the attorney disciplinary authority in another jurisdiction, the Board may release information and/or documentation with respect to an applicant to the requesting disciplinary authority, provided that the disciplinary authority has first agreed to use any such information and/or documentation for a disciplinary matter involving the applicant and has a rule or policy that guarantees the confidentiality of bar admission materials and records to the same extent required by these Rules of Practice.

6) The Board may release information and/or documentation with respect to an applicant when necessary in defending litigation against the Board, the Supreme Court, their members, and/or staff arising out of or in relation to the bar admission process.

7) The Board may release information consistent with the terms of any release signed by an applicant for purposes of admission to the bar of this or any other jurisdiction.

8) The Board may release to the NCBE copies of those Applications submitted to the NCBE for investigation.

9) The Board may release information allowed by law or as required by court order.

e. Records Retention. The bar examination answer booklets of each applicant shall be

maintained for a period of no less than sixty (60) days after the publication date of examination results, and thereafter may be destroyed in accordance with the records retention schedule of the Court.

f. Posting Past Essay Questions. The Board shall post on the Rhode Island Supreme Court website the Board-composed essay questions from an examination upon release of the examination results. The questions shall remain online until the results are released from the next examination at which time they shall be replaced with the Board-composed essay questions from that examination.

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