IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of Adoption
of the OREGON RULES FOR
ADMISSION OF ATTORNEYS
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ORDER NO. 09-043

ORDER AMENDING OREGON
RULES FOR ADMISSION OF
ATTORNEYS -- 8.05 AND 4.10

At its public meeting on July 1, 2009, the court considered and approved the amendment of the Rules for Admission of Attorneys 8.05 and 4.10.  The proposed amendment to Rule 8.05 would relieve the Supreme Court from notifying exam applicants of their exam results and instead this task would be performed by the Board of Bar Examiners.  The proposed amendment to Rule 4.10 would increase the application fee for the bar exam.  The rules are set out as follows.  The new language is in bold print and the deleted language is struck out.

8.05         Report by Board of Bar Examiners; Notice to Applicant

(1) Not later than the 60th day after the date prescribed for the written examination in Rule 5.05, the Board shall file with the Court a written report identifying by number each applicant whom the Board recommends for admission on the examination.

(2) As soon as the Court has acted upon the report, the State Court Administrator Board shall notify each applicant by mail whether the applicant has passed or failed the examination and whether or not the applicant has been recommended for admission on moral character and fitness grounds.

(3) If the Board is unable to complete its investigation of an applicant's moral character and fitness and make a recommendation to the Court at the time the results of the applicant's written examination are reported to the Court, the Board shall make its report as soon as possible thereafter.  As soon as the Court has acted on the report, the State Court Administrator Board shall notify the applicant by mail whether the applicant has been recommended for admission on moral character and fitness grounds.

4.10         Application and Investigation Fees

(1) Each applicant shall pay to the Board, at the time of filing application, an application fee of $525625.  Of this amount, $25 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, at the time of filing such application, an investigation fee of $225 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 $225, shall pay to the Board, at the time of filing the reapplication, an investigation fee of $175, 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, at the time of filing such application, a late filing fee of $200250.

(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 Board as provided by Rule 8.05(2) shall pay to the Board a fee of $250, 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 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 by the Board on or before the Tuesday 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 by the Board after the deadline specified in section (7)(b) of this rule, no refund will be made;

(d) An applicant other than an examination applicant shall be entitled to a refund of one-half of the application fee set forth in Rule 4.10(1) if a written request for withdrawal of his or her application is received by the Board within sixty (60) days of the Board’s receipt of the application.

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

IT IS HEREBY ORDERED that amendment of Rules 8.05 and 4.10 of the Oregon Rules for Admission of Attorneys be approved.

Dated this 1st day of July, 2009.

Paul J. De Muniz
Chief Justice


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