In the Matter of | ) | ORDER NO. 01-044 |
Amendments to the | ) | |
RULES FOR | ) | ORDER APPROVING |
ADMISSION | ) | AMENDMENTS TO THE |
OF ATTORNEYS | ) | RULES FOR ADMISSION OF |
) | ATTORNEYS 4.10 |
Pursuant to ORS 9.210 and 9.542, at its Public Meeting of January 23, 2001, the Court approved amendments to Rules for Admission of Attorneys 4.10, 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 4.10 is approved, 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.
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 $525 [$450]. Of this amount, $25 [$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.
(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 $250 [$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.
DATED THIS 30TH day of January 2001.
Wallace P. Carson, Jr.
Chief Justice
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