Subchapter A. PRELIMINARY PROVISIONS
Rule
101. Title and citation of rules.
102. Definitions.
103. Authority for and effect of rules.
104. Pennsylvania Board of Law Examiners.
105. Civil Immunity of the Board of Law Examiners, Its Members, Employees and Agents and Entities Providing Information Regarding an Applicant to the Board.Rule 101. Title and citation of rules.
These rules shall be known as the Pennsylvania Bar Admission Rules and may be cited as ‘‘Pa. B.A.R.’’
Rule 102. Definitions.
(a) General Rule. Subject to additional definitions contained in subsequent provisions of these rules which are applicable to specific provisions of these rules, the following words and phrases when used in these rules shall have, unless the context clearly indicates otherwise, the meanings given to them in this rule:
Accredited law school—A law school accredited by the American Bar Association.
Administrative Office—The Administrative Office of Pennsylvania Courts.
Board—The Pennsylvania Board of Law Examiners.
Certified legal intern—A law student whose certification under Rule 321 (relating to requirements for formal participation in legal matters by law students) is currently in effect or who otherwise qualifies under such rule.
Clerk—Includes prothonotary.
Court—The Supreme Court of Pennsylvania.
Enforcement Rules—The Pennsylvania Rules of Disciplinary Enforcement.
Filing—When used in reference to an application for admission, including a supplemental application, the application is filed only when it is both submitted and the filing fee is received by the Board.
Government Unit—The Governor and the departments, boards, commissions, officers, authorities, and other agencies of the Commonwealth, including the General Assembly and its officers and agencies and any court or other officer or agency of the unified judicial system, and any political subdivision or municipal or other local authority or any officer or agency of any such political subdivision or local authority. The term includes boards of arbitrators appointed pursuant to statute.
Prothonotary—The Prothonotary of the Supreme Court of Pennsylvania.
Reciprocal state—A state that has a reciprocal agreement or arrangement with this Commonwealth to allow admission on motion without examination based upon a specific number of years of practice.
State—When used in reference to the different parts of the United States, includes the District of Columbia and the several territories of the United States.
Verified statement—A document filed under these rules containing statements of fact and a statement by the signatory that it is made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).(b) Number; tense. In these rules the singular shall include the plural, and the plural, the singular; and words used in the past or present tense shall include the future.
Source The provisions of this Rule 102 amended January 4, 2022, effective January 12, 2022, 52 Pa.B. 341. Immediately preceding text appears at serial pages (369489) to (369490).
Rule 103. Authority for and effect of rules.
The Supreme Court declares that it as inherent and exclusive power to regulate the admission to the bar and the practice of law and in furtherance thereof promulgates these rules which shall supersede all other court rules (except the Enforcement Rules) and practices pertaining to the admission to the bar and the practice of law.
Official Note
Patterned after Pa. R.D.E. 103. The exclusive power of the Supreme Court to regulate admission to the bar and the practice of law is set forth in Section 10(c) of Article V of the Constitution of Pennsylvania and in 42 Pa.C.S. § 1722(a)(1) (relating to the adoption of administrative and procedural rules).
Rule 104. Pennsylvania Board of Law Examiners.
(a) General rule. The Supreme Court shall appoint a board to be known as the ‘‘Pennsylvania Board of Law Examiners’’ which shall consist of seven members of the bar of this Commonwealth, one of whom shall be designated by the Court as Chairman and another as Vice-Chairman. Judges shall be eligible for appointment to the Board.
(b) Terms; quorum. The regular terms of members of the Board shall be for three years and members shall be eligible for reappointment, limited to two consecutive terms. Four members shall constitute a quorum.
(c) Powers and duties. The Board shall have the power and duty:
(1) To appoint an Executive Director, Counsel, and such other officers and staff as may from time to time be required to perform properly the functions prescribed by orders of the Court and these rules.
(2) To adopt rules pertaining to the admission to the bar and the practice of law not inconsistent with these rules. Such rules may provide for the delegation to one or more members of the Board, or to a hearing officer appointed by the Board, of the functions of the Board under Rule 213 (relating to hearings before the Board).
(3) To recommend the admission of persons to the bar and the practice of law.
(4) To exercise the powers and perform the duties vested in and imposed upon the Board by law. The Board shall have broad and plenary power to act within the jurisdiction committed to it as justice may require.
Official Note
Derived from former Supreme Court Rules 7 and 15. In view of the abolition of the former county boards of law examiners the word ‘‘Pennsylvania’’ has been substituted for ‘‘State’’ in the title of the Board. Financial matters are now covered by Rule 401 (relating to expenses).
Source The provisions of this Rule 104 amended April 6, 1990, effective immediately, 20 Pa.B. 2275; amended April 21, 1992, effective immediately, 22 Pa.B. 2445 and 2821. Immediately preceding text appears at serial pages (146962) to (146963).
Rule 105. Civil Immunity of the Board of Law Examiners, Its Members, Employees and Agents and Entities Providing Information Regarding an Applicant to the Board.
(a) The Board of Law Examiners, and its members, employees, and agents are immune from all civil liability for conduct and communications occurring in the performance of their official duties relating to the examination, character and fitness qualification, and licensing of persons seeking to be admitted to the practice of law.
(b) Records, statements of opinion and other information regarding an applicant for admission to the bar communicated by any entity, including any person, firm, or institution, without malice, to the Board of Law Examiners, or to its members, employees or agents are privileged, and civil suits predicated thereon may not be instituted.
Source The provisions of this Rule 105 adopted July 9, 1998, effective immediately, 28 Pa.B. 3503; amended April 17, 2024, effective May 1, 2024, 54 Pa.B. 2219. Immediately preceding text appears at serial page (418231).
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