Pursuant to ORS 9.210 and 9.542, at its Public Meeting of January 5, 1999, the Court approved amendments to Rules for Admission of Attorneys 2.05, 4.10, 4.15, 5.10, 5.15, 7.05, and 8.10, and, approved as further amended, Rule 3.05, adopted by the Oregon State Bar Board of Governors and recommended by the Board of Bar Examiners.

IT HEREBY IS ORDERED that amendments to Rules for Admission of Attorneys 2.05, 4.10, 4.15, 5.10, 5.15, 7.05, and 8.10, are approved, without modification, as set forth below, effective with the date of this order. Deleted material is bracketed and in italic print; new material is in bold print.

Rule 2.05 Appointment of Members; Officers; Executive [Admissions] Director

(1) (a) The Board of Bar Examiners shall consist of at least 14 members appointed by the Supreme Court. On or before September 1 of each year, four examiners, who must be active members of the Oregon State Bar, shall be appointed for three-year terms to commence on October 1[at the conclusion of the next annual meeting of the Oregon State Bar].

(b) At least two of the members of the Board of Bar Examiners shall not be members of the Oregon State Bar. Such members shall be appointed by the Supreme Court with the advice of the Board of Bar Examiners and shall be appointed for a term of one year. Such members shall have no responsibility for preparing or grading examination papers.

(c) A person who is connected with the faculty or governing body of a law school, except an adjunct professor teaching a subject other than those listed in Rule 5.15, is not eligible to become or remain a member of the Board of Bar Examiners.

(2) [When the new members of the Board of Bar Examiners are appointed] In April, the Board of Bar Examiners, with the approval of the Supreme Court, shall [also] appoint, from among the members of the Board of Bar Examiners, a chair and vice chair to serve as such officers for a term of one year to commence on October 1 [commencing at the conclusion of the next annual meeting of the Oregon State Bar].

(3) The Board of Bar Examiners shall appoint an Executive [Admissions] Director, who may or may not be a member of the bar, who shall serve at the pleasure of the Board and shall perform such duties as the Board may prescribe.

Rule 4.10 Application and Investigation Fees

(1) Each applicant shall pay to the Board of Bar Examiners, at the time of filing application, an application fee of $450 [$400]. Of this amount, $20 shall be due at the time the applicant requests an application kit.

(2) In addition to the fee prescribed by paragraph (1) of this rule, there shall be paid to the Board of Bar Examiners, at the time of filing such application, an investigation fee of $150 by each applicant who on the date of any application in Oregon, has previously been admitted to the practice of law in any other jurisdiction. However, an applicant who reapplies for admission to the practice of law in this state within 12 months of a prior application for admission to the practice of law in this state, and who has previously paid an investigation fee of $150, shall pay to the Board of Bar Examiners, at the time of filing the reapplication, an investigation fee of $100, in addition to the fee prescribed in paragraph (1) of this rule.

(3) In addition to the fees prescribed by paragraphs (1) and (2) of this rule, any applicant who files a late application pursuant to Rule 4.05(3) shall pay to the Board of Bar Examiners, at the time of filing such application, a late filing fee of $200 [$100].

(4) An applicant who, in conformance with Rule 8.10(4), seeks to take the oath and be admitted more than thirteen months after notice was mailed by the State Court Administrator as provided by Rule 8.05(2) shall pay to the Board of Bar Examiners a fee of $200, if not required to retake the examination, and pay the full application fee and the investigation fee (if applicable under paragraph (2) of this rule) if reexamination is required.

(5) If the applicant was previously denied admission by the Supreme Court in a contested admission case, such applicant shall pay to the Oregon State Bar, at the time of application, any unpaid judgment for costs and disbursements assessed by the court therein.

(6) If an applicant is found to be unqualified to take the examination for any reason under these rules, the applicant shall be entitled to a refund of one-half of the application fee specified in subsection (1) of this rule, less the non-refundable application kit fee.

(7) If an applicant withdraws his or her application, the applicant shall be entitled to a partial refund of the application fees only as follows:

(a) The applicant must request in writing that the application be withdrawn.

(b) If the application withdrawal is received on or before the Thursday before the first day of the examination, one-half of the application fee specified in subsection (1) of this rule will be refunded.

(c) If the application withdrawal is received after the Thursday before the first day of the examination, no refund will be made.

(8) In no event shall any portion of the fees specified in subsections (2), (3) and (4) of this rule or the $20 application kit fee be refunded.

(9) An applicant shall be entitled to a full refund of all application fees paid under subsections (1) and (2) of this rule to retake the examination if:

(a) The applicant paid the application fees to retake the examination while the applicant's previous examination was being reviewed under Rule 5.20;

(b) The Supreme Court accepts the Review Board's recommendation that the applicant be determined to have achieved a passing score; and

(c) The Supreme Court accepts the Board of Bar Examiners' recommendation that the applicant be admitted to the practice of law.

Rule 4.15 Contents of Application

(1) Each application shall be on a form prescribed by the Board of Bar Examiners and must contain or be accompanied by:

(a) a card upon which the applicant's fingerprints have been placed in accordance with instructions accompanying the application;

(b) an executed release and authorization to obtain:

(i) the applicant's motor vehicle driving record;

(ii) the applicant's college and law school files and records; and

(iii)credit information concerning the applicant

and

(c) the Law School Dean Certification permitting the applicant to appear in court under any student appearance rule (where applicable).

(2) No later than the 15th day before the first day of the examination, each applicant must file one copy [two copies] of a certificate of graduation, on a form prescribed by the Board of Bar Examiners, or other evidence satisfactory to the Board of Bar Examiners that the applicant is a graduate of a law school prescribed by Rule 3.05 (1), (2) or (3).

(3) (a) Prior to admission, each applicant who has been admitted to practice before the highest tribunal of another state, the District of Columbia, a federal territory, or a foreign country must file one copy [two copies] of a certificate of good standing.

(b) The certificate of good standing shall state:

(i) The date of the applicant's admission to the practice of law;

(ii) whether the applicant is entitled to engage in the practice of law;

(iii)whether the applicant is a member of the bar

in good standing; and

(iv) whether there is now pending, or ever has been, any complaint, grievance, disciplinary proceeding or disciplinary action against the applicant, and, if any appear, the status thereof, the nature of the charge or charges, the full facts including the disposition thereof, the nature of the final judgment, order or decree, if any, rendered therein and the name and address of the person or body in possession of the record thereof.

(c) The certificate of good standing shall be submitted by either:

(i) the secretary or president of the bar of each state having an integrated bar in which the applicant has been admitted and licensed to practice law, or

(ii) the clerk of the Supreme Court (or admitting court) of each other state or jurisdiction in which the applicant has been admitted and licensed to practice law.

Rule 5.10 Examination of Physically Incapacitated Applicant

(1) On request of an applicant claiming physical incapacity or impairment to take the examination under regular conditions, the Board of Bar Examiners in its discretion may give the applicant the examination under special conditions that the Board considers appropriate under the circumstances. However, if the applicant is recommended to the Supreme Court for admission, the recommendation must show that it is based on special conditions and must set forth the grounds on which the applicant was permitted to take the examination and the special conditions provided.

(2) Applicants must submit requests for special examination conditions by no later than the deadline for filing applications, except where: (a) disability occurs after the application filing deadline; or, (b) good cause exists for the failure to file an otherwise timely request.

(3) An applicant seeking the Board's leave for special examination conditions must submit:

(a) Medical verification completed by a licensed physician (MD or DO practicing in the medical specialty applicable to the applicant's impairment) describing the nature and extent of the physical impairment. The medical verification shall, at a minimum, describe:

(i) The test(s) performed to diagnose the impairment and the results of those tests;

(ii) The effect of the impairment on the applicant's ability to take the examination under regular testing conditions; and

(iii)The recommended special testing conditions

which would alleviate the effects of the applicant's impairment.

(b) A letter from the applicant's law school setting forth any special conditions that were provided to the applicant for examinations taken at the law school.

Rule 5.15 Examination

(1) The examination shall be:

(a) Given by the Board of Bar Examiners twice each year at appropriate times and places in the State of Oregon approved by the Supreme Court on recommendation of the Board of Bar Examiners, unless otherwise ordered by the Supreme Court.

(b) Conducted in the manner and according to the method prescribed by the Board.

(2) Each applicant shall be examined as to requisite general learning in subjects falling within the following major areas:

(a) civil litigation, including legal and equitable remedies, federal and Oregon procedure, and federal and Oregon rules of evidence;

(b) commercial transactions, including the Uniform Commercial Code (Articles I, II, III, and IX only), common law contracts, and related aspects of agency;

(c) property, including transactions in real property, trusts, decedents' estates;

(d) public law, including criminal law and procedure, federal and Oregon administrative law and procedure, constitutional law, and federal income taxation;

(e) business organizations, corporations and partnerships;

(f) torts;

(g) legal ethics (the Oregon Code of Professional Responsibility); and

(h) Oregon domestic relations.

(3) Questions may be in the form of essay questions or multiple-choice questions, or may test performance skills. Each essay question will generally be based on hypothetical facts involving issues in no more than two of these major areas, but some essay questions may be in forms other than hypothetical facts. Performance test questions may call for application of legal authorities to given facts in a variety of answer formats, including but not limited to legal memoranda, letters, etc. The Board of Bar Examiners, in its discretion, may include optional questions in the examination.

(4) At the conclusion of an examination or within a reasonable time thereafter, the Board of Bar Examiners shall furnish to each unsuccessful applicant a printed or typewritten copy of the examination questions, except that no copies need be furnished of any part of the multiple-choice examination prepared by the National Conference of Bar Examiners for multi-state use.

Rule 7.05 Time and Place

(1) [Effective February 1, 1981, e] Every applicant for admission is required to pass a Professional Responsibility Examination as a requirement for admission. The passing grade for each examination shall be determined by the Supreme Court upon the recommendation of the Board of Bar Examiners.

(2) The examination will be the Multistate Professional Responsibility Examination as given under the auspices of the National Conference of Bar Examiners. The examination will be conducted at the times, places and in the manner prescribed by the National Conference of Bar Examiners or its duly authorized representatives.

(3) The applicant may take the examination at any location where it is given, and may take the examination before graduation from law school. However, the examination must be taken and passed within 24 months of passing the Oregon Bar Examination. For the purpose of this rule, the date that an examination is given shall be the date on which it is "taken and passed" if the applicant is successful.

(4) The applicant may take the examination as many times as is necessary to pass.

Rule 8.10 Qualifications for Admission; Oath of Office

(1) In order to be qualified to be admitted to the practice of law in Oregon, an applicant must have passed the Oregon Bar Examination and the Multistate Professional Responsibility Examination, be at least 18 years of age at the time of admission, and be approved for admission by the Supreme Court on moral character and fitness grounds.

(2) Each qualified applicant must execute a prescribed oath of office to be filed with the State Court Administrator at the admission ceremonies, or as provided in subsections (3), (4) or (5) of this rule. Each applicant's date of admission shall be the date the oath of office is received by the State Court Administrator.

(3) A qualified applicant who does not take the oath of office at the time of the admission ceremonies may take such oath before any person authorized by law to administer oaths in the jurisdiction within which the applicant may be. The date of admission cannot be prior to the admission ceremonies next following the date that notice is mailed advising that the applicant passed the bar examination.

(4) An applicant who does not take the oath of office within thirteen months after the mailing of the notice advising that the applicant passed the bar examination shall, prior to admission, file an application for admission as prescribed by the Board of Bar Examiners and pay the fees prescribed by Rule 4.10(4). Such applicant shall be permitted to take the oath of office when found by the Supreme Court to have the requisite moral character and fitness to practice law, learning and ability. Such oath of office must be filed within one year of being advised that applicant is eligible for admission pursuant to this subsection.

(5) An applicant who does not take the oath of office within three years after the mailing of the notice advising that the applicant passed the bar examination shall, prior to admission, file an application for admission as prescribed by the Board of Bar Examiners and pay the fees prescribed by Rule 4.10(4), and shall be required to either (a) demonstrate that the applicant has been actively, substantially and continuously engaged in the practice of law for at least three of the five years immediately preceding the application or (b) take and pass the bar examination and the Multistate Professional Responsibility Examination within the provisions of Rule 7.05. Such applicant shall be permitted to take the oath of office when found by the Supreme Court to have the requisite moral character and fitness to practice law, learning and ability. Such oath of office must be filed within one year of being advised that applicant is eligible for admission pursuant to this subsection.

(6) An applicant who does not take the oath of office within five years after the mailing of the notice advising that the applicant passed the bar examination shall, prior to admission, file an application for admission as prescribed by the Board of Bar Examiners and pay the fees prescribed by Rule 4.10 and take and pass the bar examination and the Multistate Professional Responsibility Examination within the provisions of Rule 7.05. Such applicant shall be permitted to take the oath of office when found by the Supreme Court to have the requisite moral character and fitness to practice law, learning and ability.

IT FURTHER IS ORDERED that amendments to Rules for Admission of Attorneys, Rule 3.05, is approved, as further amended, as set forth below, effective with the date of this order. Deleted material is bracketed and in italic print; new material is in bold print.

Rule 3.05 Qualifications of Applicants

Prior to taking the examination the applicant must show that the applicant will be at least 18 years of age at the time of admission to the practice of law and meet the requirements of either section (1), (2) or (3):

(1) The applicant is a graduate of a law school, approved by the American Bar Association earning a Juris Doctor Degree.

(2) The applicant is a graduate of a law school, in the United States, earning a Juris Doctor Degree, and

(a) has been admitted to practice before the highest tribunal of another state, the District of Columbia, or federal territory, where the requirements for admission are substantially equivalent to those of this state; and

(b) has been actively, substantially and continuously engaged in the practice of law for at least three of the five years immediately preceding the taking of the examination.

(3) The applicant is admitted to practice before the highest tribunal of a foreign country where the common law of England exists as a basis of its jurisprudence. In such case, the applicant shall have the burden of proving:

(a) that the requirements for admission to practice are substantially equivalent to those of this state; and

(b) that the applicant is a graduate of a law school equivalent to a law school approved by the American Bar Association. The Board of Bar Examiners, after reviewing the recommendation of an equivalency panel composed of representatives of Oregon ABA-approved law schools, shall determine whether the law school is equivalent to an ABA-approved law school for the purposes of this rule. The academic dean of each participating law school shall designate a member of its faculty to sit on the equivalency panel. An evaluation fee may be set by the Board of Bar Examiners and charged to each applicant seeking an equivalency determination. The fee shall accompany the applicant's request for admission.

DATED THIS ____ day of January 1999.

____________________________ Wallace P. Carson, Jr.

Chief Justice

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