Judicial Seal

Rule Amendments

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IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of Amendments
to the RULES FOR ADMISSION
OF ATTORNEYS
ORDER NO. 99-065

ORDER APPROVING AMENDMENTS TO RULES FOR ADMISSION OF ATTORNEYS 5.20 AND 6.10

Pursuant to ORS 9.210 and 9.542, at its Public Meeting of April 6, 1999, the Court approved amendments to Rules for Admission of Attorneys 5.20 and 6.10, 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 5.20 and 6.10, 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 5.20 Petition for Review of Examination Paper

(1) An applicant who has failed the examination has the right:

(a) To be informed of the total grade on the examination, the grade on each individual question, and the passing grade on the examination.

(b) To inspect and obtain that part of the examination paper which has been scored by or under the supervision of the Board of Bar Examiners, including, but not limited to, an issue outline with points, and to be furnished at the applicant's expense copies of the applicant's handwritten or typewritten answers.

(c) To inspect that part of the examination paper prepared by or under the supervision of the National Conference of Bar Examiners and that part of the applicant's paper which has been scored by or under the supervision of the National Conference of Bar Examiners, including the key utilized in grading it.

(2) After the administration of each exam, the Board of Bar Examiners shall establish a date, time and place to obtain the information and to inspect and copy materials as prescribed in paragraph (1) of this rule, provided that:

(a) The date shall be no sooner than the 30th day following the mailing of the notice under Rule 8.05 and within the 60-day period prescribed by paragraph (3) of this rule; and

(b) Disclosure of the information and inspection and copying of materials shall be permitted only under conditions which, in the opinion of the Board of Bar Examiners, protect the security of that part of the examination prepared and scored by or under the supervision of the National Conference of Bar Examiners.

(3) (a) An applicant who has failed the examination referred to in Rule 5.15 and whose score ranked the applicant among the top [30] 15 percent of failing applicants on that examination may petition for review of the essay examination [and performance test answers]. The petition shall be in the form designated by the Review Board.

(b) The petition must be filed with the State Court Administrator and a copy of the petition served on the Board of Bar Examiners not later than 60 days after the mailing of the notice referred to in Rule 8.05(2). A petition shall be deemed timely filed and served if mailed on or before the due date by first class mail through the United States Postal Service, or if actually received by the State Court Administrator and the Board of Bar Examiners on or before the due date.

(c) The Board of Bar Examiners shall forward copies of page one of each petition for review to the Review Board.

(4) (a) The Supreme Court will appoint a Review Board consisting of not less than four members, preferably persons who have recently served on the Board of Bar Examiners; the term of such members shall be as set by the Supreme Court.

(b) The Review Board shall adopt rules, subject to the approval of the Supreme Court, establishing the procedures by which one or more members of the Review Board shall review the examination.

(c) After reviewing all petitions filed, the Review Board shall file a written report with the Supreme Court identifying by examination number each petitioner, if any, that the Review Board has determined has achieved a passing score. The report shall be submitted to the Supreme Court no later than December 15 in the case of July examinations and July 15 in the case of February examinations.

Rule 6.10 List of Applicants; Publication

Prior to each examination, or 60 days prior to admission, the Board of Bar Examiners shall cause the names of all applicants to be published in the Oregon State Bar Bulletin or [For The Record] other publication as approved by the Court.

DATED THIS ____ day of May 1999.

____________________________ Wallace P. Carson, Jr.

Chief Justice

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