THE COURTS
Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
[ 204 PA. CODE CH. 71 ]
Proposed Amendment to the Pennsylvania Bar Admission Rules Relating to the Requirements and Procedures for Admission by Uniform Bar Examination Score Transfer and Additional Affected Rules; and Adoption of New Rule 207
[51 Pa.B. 1648]
[Saturday, March 27, 2021]Notice is hereby given that the Pennsylvania Board of Law Examiners (Board) is proposing the adoption of a rule setting the requirements and procedures for the admission of applicants by uniform bar examination (UBE) score transfer as well as additional rule changes required due to the adoption of the UBE.
In order to reorganize the numbering of its rules, the Board proposes to move the text of current Rule 206 into a new Rule 207 and then to have a new Rule 206 that describes the requirements for admission by transfer of a UBE score.
The proposed amendment to rule 206 provides the requirements for admission for an applicant seeking to transfer his or her UBE score from another jurisdiction into Pennsylvania. Rule 206 would provide that the applicant pass the UBE at the minimum passing score set by the Board, i.e. 272, as is done currently by Supreme Court order. The Board will continue to publish that score on its website. Under Rule 231, a bar exam score is valid for three years. Thus, Rule 206 provides that applicants seeking admission to the bar by UBE transfer score must submit a score no older than 30 months from the first day of the UBE administration for which they seek to transfer the score. Rule 206 also requires the applicant to submit, within six months of filing the application, any supporting documentation the Board requests from the applicant. Rule 206 additionally provides that if the applicant fails to provide the documentation, the Board will administratively withdraw the application. This will prevent stale applications and ensure that the UBE transfer score will have nearly the same validity period for transfer as scores earned by those taking the exam in Pennsylvania.
Under proposed Rule 206 applicants must also satisfy the requirements of paragraphs (a) (academic qualifications), (b)(2) (character and fitness), and proposed amendment (b)(3) (satisfactory completion of the MPRE as described in Rule 203). Finally, proposed Rule 206 informs an applicant that he or she can submit a supplemental application for admission under the rule if 36 months have not passed since the applicant took the examination from which the applicant attained the qualifying UBE score. The effect of this last requirement is to provide consistency with the existing requirement under Rule 231 that bar examination scores are valid for three years.
The Board proposes changing the titles of Rule 203 from ''Admission of Graduates of Accredited and Unaccredited Institutions'' to ''Admission by Bar Examination,'' of Rule 204 from ''Admission of Domestic Attorneys'' to ''Admission by Reciprocity,'' and of Rule 205 from ''Admission of Foreign Attorneys and Graduates of Foreign Institutions'' to ''Admission by Bar Examination for Graduates of Foreign Law Schools.'' The purpose of these changes is to align more closely the latter titles with the title of proposed amended Rule 206. This requires a corresponding change to the titles of the rules listed in Rule 202.
Rule 203 would also be changed to incorporate the requirement of successful completion of the MPRE at a score set by the Board, which will continue to be a scaled score of 75 or higher. This provision is currently provided by Supreme Court Order No. 169 Supreme Court Rules Docket No. 1 dated January 31, 1997. The Board proposes the elimination of the prohibition for admission under Rules 204, 304, and 311 for an applicant who has previously failed the Pennsylvania bar examination. Regarding Rule 341, the Board believes it appropriate to delete the reference to the Court's setting the required score for the MPRE as any changes to that score will now be done by the Board.
Finally, the Board proposes the creation of a new Rule 207, which will include the text of the previous iteration of Rule 206 that regarded the disqualification of an applicant for cheating on the bar examination.
Interested persons are invited to submit written comments regarding the proposed amendments to the Counsel to the Board, Pennsylvania Board of Law Examiners, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 3600, P.O. Box 62535, Harrisburg, PA 17106-2535, no later than May 27, 2021.
By the Pennsylvania Board of Law Examiners
Supreme Court of PennsylvaniaGICINE P. BRIGNOLA,
Executive Director
Annex A
TITLE 204. JUDICIAL SYSTEM
GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
CHAPTER 71. PENNSYLVANIA BAR
ADMISSION RULES
Subchapter B. ADMISSION TO
THE BAR GENERALLY
IN GENERAL Rule 202. Admission to the bar.
An applicant who complies with the requirements of Rule 203 (relating to [admission of graduates of accredited institutions] admission by bar examination), Rule 204 (relating to [admission of domestic attorneys or] admission by reciprocity), Rule 205 (relating to [admission of foreign attorneys] admission by bar examination for graduates of foreign law schools) or Rule 206 (relating to admission by transfer of bar examination score) and the applicable rules of the Board shall be admitted to the bar of this Commonwealth in the manner prescribed by these rules.
* * * * * Rule 203. Admission [of graduates of accredited and unaccredited institutions] by bar examination.
* * * * * (b) Admission to the bar. The general requirements for admission to the bar of this Commonwealth are:
(1) satisfactory completion of the bar examination administered by or under the authority of the Board; [and]
(2) absence of prior conduct by the applicant which in the opinion of the Board indicates character and general qualifications (other than scholastic) incompatible with the standards expected to be observed by members of the bar of this Commonwealth[.]; and
(3) satisfactory completion of the Multistate Professional Responsibility Examination at the score determined by the Board, which score shall be publicly posted.
Rule 204. Admission [of domestic attorneys] by reciprocity.
As an alternative to satisfying the requirements of Rule 203, an attorney, licensed to practice law in another state, may be admitted to the bar of this Commonwealth if the applicant meets the following requirements:
* * * * * (5) Presentation of proof satisfactory to the Board that the applicant has either taken and passed the bar examination in a reciprocal state or has devoted a major portion of time and energy to the practice of law in a reciprocal state for five years of the last seven years immediately preceding the date on which an application was filed under this Rule.
[(6) An applicant who has taken and failed the Pennsylvania bar examination will not be admitted under this Rule. This provision does not apply to individuals who have passed the bar examination upon a subsequent attempt.]
[(7)] (6) Satisfaction of the requirements of Paragraphs (a)(1) [and], (b)(2) and (b)(3) of Rule 203.
[(8) Has passed the Multistate Professional Responsibility Exam with the score required by the Court to be achieved by successful applicants under Rule 203.]
For purposes of this rule, the phrase ''practice of law'' is defined as engaging in any of the following legal activities, provided such activities were performed in a state in which the applicant was admitted to practice law or in a state that affirmatively permitted such activity by a lawyer not admitted to practice law in the jurisdiction:
* * * * * Rule 205. Admission [of foreign attorneys and] by bar examination for graduates of foreign [institutions] law schools.
(a) General rule. The Board, under such standards, rules and procedures as it may prescribe, may extend the provisions of Rule 203 (relating to the admission of graduates of accredited and unaccredited institutions) to any applicant who has completed the study of law in a law school which at the time of such completion was not located within the geographical area encompassed by the accreditation activities of the American Bar Association and:
* * * * * (Editor's Note: The following rule is proposed to be added and printed in regular type to enhance readability.)
Rule 206. Admission by bar examination score transfer.
Applicants may apply for admission to the bar of the courts of this Commonwealth using a Uniform Bar Examination (UBE) score earned in another jurisdiction provided that the applicant meets the requirements below.
(a) Score requirements.
1. The UBE score must meet or exceed that established by the Board as the minimum passing score for applicants sitting for the bar exam at the time the applicant files an application for admission under this rule; and
2. No more than 30 months have passed from the first day of the UBE that resulted in the score the applicant seeks to transfer.
(b) Applicant requirements.
1. Provide supplemental documentation as the Board directs in support of the application for admission by UBE transfer within six months from the date of filing the application; and
2. Satisfy the requirements of Paragraphs (a), (b)(2) and (b)(3) of Rule 203.
(c) Administrative withdrawal. The Board will deem the application administratively withdrawn if the applicant fails to meet (b)(1) of this rule. In the event the Board deems an application administratively withdrawn, the applicant will be required to reapply and successfully meet all of the requirements for admission to the bar in order for the Board to issue a certificate recommending the applicant's admission to the bar.
(d) Subsequent hearing after Board denial. If the executive director issues an initial denial per Pa.B.A.R. 213(a) and the Board, after a hearing pursuant to Pa.B.A.R. 213, also declines to issue a certificate recommending admission, the applicant may be permitted to submit a supplemental application to seek a subsequent hearing before the Board if 36 months have not passed from the first day of the examination from which the applicant is seeking to transfer the score.
(Editor's Note: The contents of current Rule 206 are proposed to be renumbered as Rule 207 and are printed in regular type to enhance readability.)
Rule 207. Disqualification of an applicant.
(a) Automatic disqualification. An applicant who is found to have:
(1) obtained, used, or attempted to obtain or use answers or written or oral information or materials relating to the subjects tested on the bar examination from another applicant or any other person or source while taking the bar examination;
(2) brought in to the bar examination any personal notes relating to the subjects tested on the bar examination and used or attempted to use such notes while taking the bar examination;
(3) secreted any answers, information, materials, or personal notes relating to the subjects tested on the bar examination with the intent to review or use such information while taking the bar examination;
(4) received advance knowledge or information about the questions or the answers to the questions that are included on the bar examination being taken;
(5) written any notes or unauthorized information relating to the subjects tested on the bar examination on any examination materials prior to the beginning of the examination session; or
(6) given or attempted to give answers or information relating to the bar examination being taken to another applicant shall be disqualified from the bar examination and will not receive a score for the bar examination, or if a score had already been determined such score will be invalidated. Such applicant shall not be eligible to file an application to sit for another bar examination for a period of three years from the date of the disqualification. If such applicant successfully completes a subsequent bar examination, the conduct underlying the disqualification will be considered by the Board in determining whether the applicant has the requisite character to be a member of the bar.
(b) Discretionary disqualification. An applicant who is found to have violated or attempted to violate any other rule or restriction established by the Board related to taking the bar examination, including but not limited to bringing any item or material prohibited by the Board into the examination room, failure to follow instructions concerning the beginning or end of the examination, communicating with another applicant or external source during the examination, violating any oral or written instructions given in connection with the administration of the bar examination, compromising or disrupting the process for administration of the bar examination, failure to cooperate in the investigation of any conduct in connection with the administration of the bar examination, or otherwise failing to make a good faith effort to take the bar examination may be disqualified from the examination. An applicant who is disqualified under this section will not receive a score for the bar examination, or if a score had already been determined such score will be invalidated. If an applicant is not disqualified under this section for a violation of any rule or restriction, or if such applicant is disqualified and successfully completes a subsequent bar examination, the conduct underlying the violation of the rules and restrictions will be considered by the Board in determining whether the applicant has the requisite character to be a member of the bar.
(c) The initial determination as to the disqualification of an applicant shall be made by the Executive Director. An applicant receiving notice of the disqualification shall have the right to request in writing, within 10 days of the disqualification, a hearing before the Board, which hearing shall be governed by the general procedures set forth in Rule 213.
Subchapter C. RESTRICTED PRACTICE OF LAW
IN GENERAL Rule 304. Limited Admission of Spouses of Active-Duty Service Members of the United States Uniformed Services.
An applicant may apply for limited admission to the practice of law in Pennsylvania as a spouse of an active-duty service member of the United States Uniformed Services if all requirements of this rule are satisfied.
(a) Qualifications.
An applicant who seeks admission pursuant to this rule:
(1) must be present in Pennsylvania as the spouse of an active-duty member of the United States Uniformed Services who is (A) assigned to duty in Pennsylvania or (B) assigned to duty outside the United States but whose last assignment within the United States was in Pennsylvania;
(2) must satisfy the requirements of Rule 203(a)(1) and (2)(i) (related to completion of undergraduate studies and legal studies at a law school accredited by the American Bar Association) and Rule 203(b)(2) (related to character and fitness);
[(3) must not have taken and failed the Pennsylvania bar examination;]
[(4)] (3) must be currently admitted as an attorney at law in the highest court of another state, commonwealth, territory or the District of Columbia;
[(5)] (4) must not currently be the subject of a pending disciplinary matter in any jurisdiction in which the applicant is admitted to the practice of law or be currently suspended or disbarred in any such jurisdiction;
[(6)] (5) must not have been disciplined for professional misconduct by any jurisdiction within the 10 years immediately preceding filing of the Pennsylvania application or been disbarred at any time by any jurisdiction; and
[(7)(A)] (6)(A) must be employed and supervised by a Pennsylvania-licensed attorney who is in good standing and who is currently engaged in the practice of law in Pennsylvania; or
(B) be employed by the Federal government, the Commonwealth of Pennsylvania or a local government within Pennsylvania and supervised in that employment by a Pennsylvania-licensed attorney who is currently engaged in the practice of law in Pennsylvania.
* * * * *
ATTORNEY PARTICIPANTS IN DEFENDER OR LEGAL SERVICES PROGRAMS Rule 311. Attorney participants in defender or legal services programs.
* * * * * (d) Requirements. The requirements for issuance of a limited license under this rule are:
* * * * * 4. Presentation of a certificate of good standing from the highest court or the agency having jurisdiction over the admission to the bar and the practice of law in every jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or such state. An applicant who is disbarred or suspended for disciplinary reasons from the practice of law in another jurisdiction at the time of filing an application shall not be eligible for a limited license under this rule.
[5. An applicant who has taken and failed the Pennsylvania bar examination will not be admitted under this Rule. This provision does not apply to individuals who have passed the bar examination upon a subsequent attempt.]
(e) Application Fee. An applicant for limited admission to practice under this Rule shall pay an application fee fixed by the Board.
* * * * *
FOREIGN LEGAL CONSULTANTS Rule 341. Licensing of foreign legal consultants.
(a) Required qualifications. An applicant may be licensed to practice in this Commonwealth as a foreign legal consultant, without examination, if the applicant:
* * * * * (3) possesses the good moral character and general fitness requisite for a member of the bar of this Commonwealth;
(4) is at least 26 years of age;
(5) intends to practice as a foreign legal consultant in this Commonwealth and to maintain an office in this Commonwealth for that purpose; and
(6) has passed the Multistate Professional Responsibility Exam [with the score] as required [by the Court to be achieved by] for successful applicants under Rule 203.
* * * * *
[Pa.B. Doc. No. 21-465. Filed for public inspection March 26, 2021, 9:00 a.m.]
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