IN MATTER OF APPROVAL OF THE PROPOSED POLICIES, ADKT 240 (Nev. 9-3-2009)

IN THE MATTER OF THE APPROVAL OF THE PROPOSED POLICIES AND PROCEDURES OF THE BOARD OF BAR EXAMINERS AND THE COMMITTEE ON MORAL CHARACTER AND FITNESS, A SUBCOMMITTEE OF THE BOARD OF BAR EXAMINERS. IN RE: AMENDMENT OF SUPREME COURT RULES. IN RE: AMENDMENT OF POLICIES AND PROCEDURES FOR APPLICANTS SEEKING ADMISSION TO THE STATE BAR OF NEVADA.

No. ADKT 240.Supreme Court of Nevada.
September 3, 2009.

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BY THE COURT JAMES W. HARDESTY, Chief Justice.

ORDER AMENDING RULE 51 AND ADDENDUM 1 OF THE SUPREME COURT RULES.
WHEREAS, this court previously approved administrative policies, procedures, and guidelines for the Board of Bar Examiners, which were adopted as Addendum 1 to the Supreme Court Rules; and

WHEREAS, this court has considered recommendations from the Board of Bar Examiners respecting the amendment of Supreme Court Rule (SCR) 51 and the administrative polices and procedures regarding grading of bar examinations contained in Addendum 1; and

WHEREAS, it appears to this court that amendment of SCR 51 and Addendum 1 to the Supreme Court Rules is warranted, accordingly,

IT IS HEREBY ORDERED that SCR 51 shall be amended and shall read as set forth in Exhibit A.

IT IS FURTHER ORDERED that paragraph 39 of Addendum 1 to the Supreme Court Rules shall be amended and shall read as set forth in Exhibit B.

IT IS FURTHER ORDERED that the amended rules shall be effective immediately. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination

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of this order shall be conclusive evidence of the adoption and publication of the foregoing amended rules.

RON D. PARRAGUIRRE, Associate Justice

MICHAEL L. DOUGLAS, Associate Justice

MICHAEL A. CHERRY, Associate Justice

NANCY M. SAITTA, Associate Justice

MARK GIBBONS, Associate Justice

KRISTINA PICKERING, Associate Justice

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EXHIBIT A AMENDMENT TO SUPREME COURT RULE 51
Rule 51. Qualifications of applicants for[examination] admission.
1. An applicant for [examination for] a license to practice as an attorney and counselor at law in this state shal not be admitted to practice law in this state unless such applicant shall:
[1.] (a) Have attained the age of majority.

[2.](b) Be present or available within the State of Nevada, and remain so until examined as required by Rule 65, so as to permit and facilitate the examination, investigations, interviews and hearings necessary to determine the applicant’s morals, character, qualifications and fitness to practice law.

[3.](c) Have received a degree of bachelor of laws, or an equivalent law degree, from a law school approved by the committee on legal education and admissions to the bar of the American Bar Association, and shall present evidence of the same.

[4.](d) Demonstrate that the applicant is of good moral character and is willing and able to abide by the high ethical standards required of attorneys and counselors at law.

[5.](e) Not have been refused admission to practice law[, or have been disbarred from the practice oflaw,] in any state or before any court or governmental agency of the United States on the ground of unfitness of character.

(f) Not have been disbarred from the practice of law in any state or before any court or governmental agency of the United States on the ground of unfitness of character.
[6.](g) Not be subject to any mental or emotional disorder which would render the applicant unfit to practice law.

[7.](h) Not be an abuser of alcohol or prescription drugs, or a user of illegal drugs.

[8.](i) Demonstrate financial responsibility.

[9.](j) Be in full compliance with any court order, including without limitation, spousal or child support orders.

(k) Achieve a passing score on the state bar examination.
2. No applicant for a license to practice as an attorney in this state may take the bar examination unless the applicant satisfies (1)(a) and (1)(f) above, and such application may be summarily denied. Such applicant shall be permitted to reapply to take the bar examination when the conditions in (1)(a) and (1)(f) have been satisfied and the applicant complies with other applicable requirements.

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EXHIBIT B AMENDMENT TO ADDENDUM 1 TO THE NEVADA SUPREME COURT RULES Addendum 1. Policies and Procedures of the Board of Bar Examiners and the Moral Character and FitnessCommittee VI. GRADING BAR EXAMINATIONS * * * 39. Regrade Procedures. Applicants’ examinations with total scaled scores immediately below the passing point are reconsidered before final certification to the court. [the final score oneassy question shall be the average of the score and the regardscore.] The board believes that this grading system affords each applicant a fair and careful consideration of all answers on the bar examination and that subsequent to the certification of the grades to the court, no useful purpose would be served by further consideration by the board. Thus, after the filing of the first order admitting applicants by the court, the board shall not reconsider any essay answers.