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PA Bulletin, Doc. No. 05-691

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE OF LAW

[204 PA. CODE CH. 71]

Amendment of Rule 402 of the Pennsylvania Bar Admission Rules; No. 363 Supreme Court Rules; Doc. No. 1

[35 Pa.B. 2208]

Order

Per Curiam:

   And Now, this 30th day of March, 2005, Rule 402 of the Pennsylvania Bar Admission Rules is amended to read as follows.

   To the extent that notice of proposed rulemaking would be required by Pennsylvania Rule of Judicial Administration No. 103 or otherwise, the immediate amendment of Pa.B.A.R. 402 is hereby found to be required in the interest of justice and efficient administration.

   This Order shall be processed in accordance with Pennsylvania Rule of Judicial Administration No. 103(b) and shall be effective immediately.

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE OF LAW

CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES

Subchapter D. MISCELLANEOUS PROVISIONS

Rule 402. Confidentiality.

   (a)  General Rule. Except as otherwise prescribed in these rules, the actions and records of the Board are confidential and shall not be disclosed or open to inspection by the public.

   (b)  Permitted Disclosure. The Board may, however[,]:

   (1)  publish a list of the names of applicants who successfully completed the bar examination administered by the Board [and may:];

   [(1)] (2) upon request from the dean of a law school, furnish the law school with the names of applicants from the law school who did not successfully complete the bar examination, provided the law school has agreed to only use such information internally within the law school and not to disclose the names of students who failed the bar examination to any person or organization outside of the law school[, and];

   [(2)] (3) upon written request from a state or county bar association located within this commonwealth, furnish such bar association with the names and addresses of those applicants who have successfully completed the bar examination administered by the [board] Board and who have not objected to the release of such information, provided the bar association has agreed to only use such information for purposes of offering applicants membership in and services provided by or through the bar association[.];

   (4)  release information with respect to an applicant upon a written request from a bar admission authority in another jurisdiction, provided the admission authority agrees to use the information only for bar admission purposes and has a rule or policy that guarantees the confidentiality of bar admission materials and records to the same extent required by this rule;

   (5)  release information with respect to an applicant upon a written request from the Disciplinary Board of this Commonwealth or from a lawyer disciplinary authority in another jurisdiction, provided the disciplinary authority agrees to use the information only for attorney disciplinary matters and has a rule or policy that guarantees the confidentiality of its disciplinary materials and records to the same extent required by this rule;

   (6)  release information with respect to an applicant when necessary in defending litigation brought against the Court, the Board, its members or staff arising out of or related to the bar admission process;

   (7)  release a copy of the bar admission application submitted by an applicant upon receipt of a properly executed written authorization and release from the applicant;

   (8)  release information with respect to an applicant pursuant to a court order;

   (9)  release to the National Conference of Bar Examiners, the name and the date of birth of individuals who have applied to take the bar examination or be admitted to the bar of this Commonwealth; and

   (10)  publish the contents of responses submitted to a question on the bar examination by an applicant as a representative sample of a good answer, provided the identity of the applicant is not disclosed.

   (c)  Limitation. Nothing set forth in this rule shall prohibit the Board from refusing to provide information relating to an applicant, when the writer or provider of the information has requested that the information be kept confidential or when the Board deems it imprudent to disclose such information.

*      *      *      *      *

[Pa.B. Doc. No. 05-691. Filed for public inspection April 15, 2005, 9:00 a.m.]


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