Rules
Table of Contents
SECTION.0100 - ORGANIZATION
.0101
ADDRESS
The
offices of the Board of Law Examiners of the State of North Carolina are
located at 5510 Six Forks Road, Suite 300, Raleigh, NC 27609. The Offices are
open from 9:00 a.m. to 5:00 p.m. Monday through Friday, excepting holidays.
.0102
PURPOSE
The
Board of Law Examiners of the State of North Carolina was created for the
purpose of examining applicants and providing rules and regulations for
admission to the bar, including the issuance of licenses therefor.
.0103
MEMBERSHIP
The
Board of Law Examiners of the State of North Carolina consists of eleven
members of the N.C. Bar elected by the council of the North Carolina State
Bar. One member of said Board is elected by the Board to serve as chairman for
such period as the Board may determine. The Board also employs an executive
director to enable the Board to perform its duties promptly and properly. The
executive director, in addition to performing the administrative functions of
the positions, may act as attorney for the Board.
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SECTION
.0200 - GENERAL PROVISIONS
.0201
COMPLIANCE
No
person shall be admitted to the practice of law in North Carolina unless that
person has complied with these rules and the laws of the state.
.0202
DEFINITIONS
(1)
The term "Board" as used in this chapter refers to the "Board
of Law Examiners of the State of North Carolina.” A majority of the members
of the Board shall constitute a quorum, and the action of a majority of a
quorum, present and voting, shall constitute the action of the Board.
(2) The term "Secretary" as used in this chapter refers to the
"Executive Director of the Board of Law Examiners of the State of North
Carolina."
(3) As used in these rules, the word "filing" or "filed"
shall mean received in the office of the Board of Law Examiners. Except that
applications placed in the United States mail properly addressed to the Board
of Law Examiners and bearing sufficient first class postage and postmarked by
the United States Postal Service on or before a deadline date will be
considered as having been timely filed if all required fees are included in
the mailing. Mailings which are postmarked after a deadline or which if
postmarked on or before a deadline and do not include required fees or which
include a check in payment of required fees which is not honored due to
insufficient funds will not be considered as timely filed. Applications which
are not properly signed and notarized; or which do not include the properly
executed Authorization and Release forms; or which are illegible; or which
answers to the questions are not complete will not be considered filed and
will be returned.
(4) As used in these rules, the word "Chapter" refers to the
"Rules Governing Admission to
the Practice of Law in the State of North Carolina."
.0203
APPLICANTS
For
the purpose of these rules, applicants are classified either as "general
applicants" or as "comity applicants." To be classified as a
"general applicant" and certified as such for admission to practice
law, an applicant must satisfy the requirements of Rule .0501 of this
Chapter. To be classified as a "comity applicant" and certified as
such for admission to practice law, a person shall satisfy the requirements
of Rule .0502 of this Chapter.
.0204 LIST
As
soon as possible after each filing deadline for applications, the Secretary
shall prepare and maintain a list of general applicants for the ensuing
examination.
.0205
HEARINGS
Every
applicant may be required to appear before the Board to be examined about any
matters pertaining to the applicant's moral character and general fitness,
educational background or any other matters set out in Section .0500 of this
Chapter.
.0206
NONPAYMENT OF FEES
Failure
to pay the application fees required by these rules shall cause the
application not to be deemed filed. If the check payable for the application
fee is not honored upon presentment for any reason other than error of the
bank the application will be deemed not timely filed and will have to be refiled. All checks payable to the Board for any fees
which are not honored upon presentment shall be returned to the applicant who
shall pay to the Board in cash, cashier's check, certified check or money
order any fees payable to the Board including a fee for processing that
check.
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SECTION .0400 - APPLICATIONS OF
GENERAL APPLICANTS
.0401 HOW
TO APPLY
Applications
for admission to an examination must be made upon forms supplied by the Board
and must be complete in every detail. Every supporting document required by
the application form must be submitted with each application. The application
form may be obtained by writing or downloading from the Board's website
www.ncble.org.
.0402
APPLICATION FORM
(1) The
APPLICATION FOR ADMISSION TO TAKE THE NORTH CAROLINA BAR EXAMINATION form
requires an applicant to supply full and complete information relating to the
applicant's background, including family history, past and current
residences, education, military service, past and present employment, credit
status, involvement in disciplinary, civil or criminal proceedings, substance
abuse, mental treatment and bar admission and discipline history. Applicants
must list references and submit as part of the application:
-- Four Certificates of Moral Character from individuals who know the applicant; -- A recent photograph; -- Two sets of clear fingerprints; -- Two executed informational Authorization and Release forms; -- A birth certificate -- Transcripts from the applicant's undergraduate schools; -- A copy of all applications to take a bar examination or an attorney's examination or for admission to the practice of law that the applicant has filed with any state, territory, or the District of Columbia; -- A certificate from the proper court or agency of every state in which the applicant is or has been licensed, that the applicant is in good standing and not under pending charge of misconduct; -- Copies of any legal proceedings in which the applicant has been a party.
The
application must be filed in duplicate. The duplicate may be a photocopy of
the original.
(2) An applicant who has aptly filed a complete APPLICATION FOR ADMISSION TO
TAKE THE NORTH CAROLINA BAR EXAMINATION for a particular bar examination may
file a SUPPLEMENTAL APPLICATION on forms supplied by the board, along with
the applicable fee for the next subsequent bar examination. An applicant who
has filed a SUPPLEMENTAL APPLICATION as provided by this rule immediately
preceding the filing deadline specified in Rule .0403 of this chapter may
file a subsequent SUPPLEMENTAL APPLICATION along with the applicable fees for
the next examination. The SUPPLEMENTAL APPLICATION will update the information
previously submitted to the Board by the applicant. Said SUPPLEMENTAL
APPLICATION must be filed by the deadline set out in Rule .0403 of this
chapter.
.0403 FILING DEADLINES
(1)
Applications shall be filed and received by the Secretary at the offices of
the Board on or before the first Tuesday in January immediately preceding the
date of the July written bar examination and on or before the first Tuesday
in October immediately preceding the date of the February written bar
examination.
(2) Upon payment of a late filing fee of $250 (in addition to all other fees
required by these rules), an applicant may file a late application with the
Board on or before the first
Tuesday in March immediately preceding the July written bar examination and
on or before the first Tuesday in November immediately preceding the February
written bar examination.
(3)
Applicants who fail to timely file their application will not be allowed to
take the Bar Examination designated on the application.
(4)
Any applicant who has aptly filed an application to stand the February
written bar examination may make application to take the immediately
following July bar examination by filing a Supplemental Application with the
Secretary of the Board at the offices of the Board on or before the first
Tuesday in May immediately preceding the July written bar examination.
.0404 FEES
Every
application by an applicant who:
(1)
is not a licensed attorney in any other jurisdiction
shall be accompanied by a fee of $700.00.
(2) is or has been a licensed attorney in any other
jurisdiction shall be accompanied by a fee of $1,500.00.
(3) is filing to take the North Carolina Bar
Examination using a Supplemental Application shall be accompanied by a fee of
$400.00.
(4) is filing after the deadline set out in Rule
.0403(1) shall be accompanied by a late fee of $250.00 in addition to all
other fees required by these rules.
.0405 REFUND OF FEES
No
part of the fee required by Rule .0404 (1) (2) (3) of this Chapter shall be
refunded to the applicant unless the applicant shall file with the Secretary
a written request to withdraw as an applicant, not later than the 15th day of
June preceding the July written bar examination and not later than the 15th
day of January preceding the February written bar examination in which event
not more than one-half of the fee may be refunded to the applicant at the
discretion of the Board. No portion of any late fee will be refunded.
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SECTION .0500 - REQUIREMENTS FOR
APPLICANTS
.0501 REQUIREMENTS FOR
GENERAL APPLICANTS
As
a prerequisite to being licensed by the Board to practice law in the State of
North Carolina, a general applicant shall:
(1) possess the qualifications of character and general fitness requisite for
an attorney and counselor-at-law, and be of good moral character and entitled
to the high regard and confidence of the public and have satisfied the
requirements of Section .0600 of this Chapter both at the time the license is
issued and at the time of standing and passing a written bar examination as
prescribed in Section .0900 of this Chapter;
(2) possess the legal educational qualifications as prescribed in Section
.0700 of this Chapter;
(3) be of the age of at least eighteen (18) years;
(4) have filed formal application as a general applicant in accordance with
Section .0400 of this Chapter;
(5) stand and pass a written bar examination as prescribed in Section .0900
of this Chapter;
(6) have stood and passed the Multistate Professional Responsibility
Examination approved by the Board within the twenty-four (24) month period
next preceding the beginning day of the written bar examination prescribed by
Section .0900 of this Chapter which the applicant applies to take, or shall
take and pass the Multistate Professional Responsibility Examination within the
twelve (12) month period thereafter; or, if later, shall take and pass the
first Multistate Professional Responsibility Examination offered after the
Board releases the results of the applicant's written examination;
(7) if the applicant is or has been a
licensed attorney then the applicant be in good standing in every
jurisdiction within each state, territory of the United Sates, or the
District of Columbia, in which the applicant is or has been licensed to
practice law and not under any charges of misconduct while the application is
pending before the Board. For purposes
of this rule, an applicant is “in good standing” in a jurisdiction if:
(i) the
applicant is an active member of the bar of the jurisdiction and the
jurisdiction issues a certificate attesting to the applicant’s good standing
therein; or
(ii)
the applicant
was formerly a member of the jurisdiction and the jurisdiction certifies the
applicant was in good standing at the time that the applicant ceased to be a
member; and
(iii)
if the jurisdiction
in which the applicant is inactive or was formerly a member will not certify
the applicant’s good standing solely because of the non-payment of dues, the
Board, in its discretion, may waive such certification from that
jurisdiction.
.0502 REQUIREMENTS FOR
COMITY APPLICANTS
Any
attorney at law duly admitted to practice in another state, or territory of
the United States, or the District of Columbia, upon written application may,
in the discretion of the Board, be licensed to practice law in the State of
North Carolina without written examination provided each such applicant
shall:
(1)
File with the Secretary, upon such forms as may be supplied by the Board, a
typed application in duplicate which will be considered by the Board after at
least six (6) months from the date of filing; the application requires:
(a) That an applicant supply full and
complete information in regard to his background, including family, past residences,
education, military, employment, credit status, whether he has been a party
to any disciplinary or legal proceedings, mental illness, references, the
nature of the applicant's practice of law, and familiarity with the code of
Professional Responsibility as Promulgated by the North Carolina State Bar.
(b) That the applicant furnishes the
following documentation:
i.
Certificates of Moral Character from
four (4) individuals who know the applicant;
ii.
A recent photograph;
iii.
Two (2) sets of clear fingerprints;
iv.
A certification of the Court of Last Resort from the jurisdiction from which
the applicant is
applying;
v.
Transcripts from the applicant's undergraduate and graduate schools;
vi. A copy of all applications for admission
to the practice of law that he has filed with any
state, territory, or the District
of Columbia;
vii.
A certificate of admission to the bar of any state, territory, or the
District of Columbia;
viii.
A certificate from the proper court or body of every state in which the
applicant is licensed
therein that he is in good standing
and not under pending charges of misconduct;
(2) Pay to the Board with each typewritten application, a fee of $2,000.00,
no part of
which may be refunded to the applicant whose application is denied;
(3) Prove to the satisfaction of the Board that the
applicant is duly licensed to practice law in a state, or territory of the
United States, or the District of Columbia, having comity with North Carolina
and, except as otherwise provided in this subsection 3, that in such state,
or territory of the United States, or the District of Columbia, while so
licensed therein, the applicant has been for a least four out of the last six
years, immediately preceding the filing of this application with the
Secretary, actively and substantially engaged in the full-time practice of
law. Practice of law for the purposes of this rule when conducted pursuant to
a license granted by another jurisdiction shall include:
(a) The practice of law as defined by G.S. 84-2.1;
or
(b) Activities which would constitute the practice
of law if done for the general public; or
(c) Legal service as a corporate counsel; or
(d) Judicial service in a court of record or other
legal service with any local or state government or with the federal
government; or
(e) Service as a member of a Judge Advocate
General's Department of one of the military branches of the United States,
whether or not such service is in the jurisdiction in which the applicant is
duly licensed; or
(f) A full time faculty member in a law school
approved by the Council of the North Carolina State Bar.
Employment in North Carolina, when conducted pursuant
to a license granted by another jurisdiction, to meet the requirement of this
rule is limited to:
(a) Employment as house counsel by a person, firm,
association, or corporation engaged in business in this state which business
does not include the selling or furnishing of legal advice or services to
others; or
(b) Employment as a full time faculty member of a
law school approved by the Council of the North Carolina State Bar; or
(c) Employment as a full time member of the faculty
of the Institute of Government of the University of North Carolina at Chapel
Hill; or
(d) Service as a member of a Judge Advocate
General's Department of one of the military branches of the United States.
e) Service as a United States Attorney for a federal
judicial district in North Carolina, or as an Assistant United States
Attorney in the office of a United States Attorney for a federal judicial
district in North Carolina; or
f) Service in North Carolina as an attorney in a
federal public defender’s office or a federal community defender’s office for
a federal judicial district in North Carolina.
(4)
Satisfy the Board that the state, or territory of the United States, or the
District of Columbia, in which the applicant is licensed, and from which he
seeks comity, will admit North Carolina attorneys to the practice of law in
such state, or territory of the United States, or the District of Columbia,
without written examination, other than the Multistate Professional
Responsibility Examination;
(5)
Be in good standing in every jurisdiction within each state, territory
of the United Sates, or the District of Columbia, in which the applicant is
or has been licensed to practice law and not under any charges of misconduct
while the application is pending before the Board. For purposes of this rule,
an applicant is “in good standing” in a jurisdiction if:
(i) the applicant is an active member of the bar of the jurisdiction
and the jurisdiction issues a certificate attesting to the applicant’s good
standing therein; or
(ii)
the applicant
was formerly a member of the jurisdiction and the jurisdiction certifies the
applicant was in good standing at the time that the applicant ceased to be a
member; and
(iii)
if the
jurisdiction in which the applicant is inactive or was formerly a member will
not certify the applicant’s good standing solely because of the non-payment
of dues, the Board, in its discretion, may waive such certification from that
jurisdiction.
The
applicant must not only be in good standing but also must be an active member
of each jurisdiction on which the applicant relies for admission by comity.
(6)
Be of good moral character and have satisfied the requirements of Section
.0600 of this Chapter;
(7) Meet the educational requirements of Section .0700 of this Chapter as
hereinafter set out if first licensed to practice law after August, 1971;
(8) Not have taken and failed the written North Carolina Bar Examination
within ten (10) years prior to the date of filing the applicant's comity
application;
(9) Have stood and passed the Multistate Professional Responsibility
Examination approved by the Board.
.0503 REQUIREMENTS FOR MILITARY SPOUSE COMITY
APPLICANTS
A
Military Spouse Comity Applicant, upon written application may, in the
discretion of the Board, be granted a license to practice law in the State of
North Carolina without written examination provided that:
(1)
The Applicant fulfills all of the requirements of Rule .0502, except that:
(a) in lieu of the requirements of paragraph
(3) of Rule .0502, a Military Spouse Comity Applicant shall prove to the
satisfaction of the Board that the Military Spouse Comity Applicant is duly
licensed to practice law in a state, or territory of the United States, or
the District of Columbia, and that the Military Spouse Comity Applicant has
been for at least four out of the last eight years immediately preceding the
filing of this application with the Secretary, actively and substantially
engaged in the full-time practice of law. Practice of law for the purposes of
this rule shall be defined as it would be defined for any other comity
applicant; and
(b) Paragraph (4) of
Rule .0502 shall not apply to a Military
Spouse Comity Applicant.
(2)
Military Spouse Comity Applicant defined.
A Military Spouse Comity Applicant is any person who is:
(a)
An attorney at law duly
admitted to practice in another state or territory of the United States,
or the District of
Columbia; and
(b)
Identified by the
Department of Defense (or, for the coast Guard when it is not operating as a
service in the Navy, by the Department of Homeland Security) as the spouse of
a servicemember of the United States Uniformed
Services; and
(c)
Is residing, or intends
within the next six months, to be residing in North Carolina due to the servicemember’s military orders for a permanent change of
station to the State of North Carolina.
(3)
Procedure. In addition to the
documentation required by paragraph
(1) of Rule .0502, a Military Spouse Comity Applicant must file with the Board the following:
(a)
A copy of the servicemember’s military orders reflecting a permanent
change of station to a military installation in North Carolina; and
(b)
A military identification card
which lists the Military Spouse Applicant as the spouse of the servicemember.
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SECTION .0600 - MORAL CHARACTER
AND GENERAL FITNESS
.0601 BURDEN OF PROOF
Every applicant shall
have the burden of proving that the applicant possesses the qualifications of
character and general fitness requisite for an attorney and counselor-at-law
and is possessed of good moral character and is entitled to the high regard
and confidence of the public.
.0602 PERMANENT RECORD
All information
furnished to the Board by an applicant shall be deemed material, and all such
information shall be and become a permanent record of the Board.
.0603 FAILURE TO DISCLOSE
No one shall be licensed
to practice law by examination or comity or be allowed to take
the bar examination in this state:
(1) who fails to
disclose fully to the Board, whether requested to do so or not, the facts
relating to any disciplinary proceedings or charges as to the applicant's
professional conduct, whether same have been terminated or not, in this or
any other state, or any federal court or other jurisdiction, or
(2) who fails to
disclose fully to the Board, whether requested to do so or not, any and all
facts relating to any civil or criminal proceedings, charges or
investigations involving the applicant, whether the same have been terminated
or not in this or any other state or in any of the federal courts or other
jurisdictions.
.0604 BAR CANDIDATE COMMITTEE
Every applicant shall
appear before a bar candidate committee, appointed by the Chairman of the
Board, in the judicial district in which the applicant resides, or in such
other judicial districts as the Board in its sole discretion may designate to
the applicant, to be examined about any matter pertaining to the applicant's
moral character and general fitness to practice law. An applicant who has
appeared before a bar candidate committee may, in the Board's discretion, be
excused from making a subsequent appearance before a bar candidate committee.
The applicant shall give such information as may be required on such forms
provided by the Board. A bar candidate committee may require the applicant to
make more than one appearance before the committee and to furnish to the
committee the such information and documents as it may reasonably require
pertaining to the moral character and general fitness of the applicant to be
licensed to practice law in North Carolina. Each applicant will be advised
when to appear before the bar candidate committee. There can be no changes once the initial
assignment is made.
.0605 DENIAL; RE-APPLICATION
No new application or
petition for reconsideration of a previous application from an applicant who
has either been denied permission to take the bar examination or has been
denied a license to practice law on the grounds set forth in Section .0600
shall be considered by the Board within a period of three (3) years next
after the date of such denial unless, for good cause shown, permission for
re-application or petition for a reconsideration is granted by the Board.
SECTION .0700 - EDUCATIONAL
REQUIREMENTS
.0701 GENERAL EDUCATION
Each applicant must have
satisfactorily completed the academic work required for admission to a law
school approved by the Council of the North Carolina State Bar.
.0702 LEGAL EDUCATION
Every applicant applying
for admission to practice law in the State of North Carolina, before being
granted a license to practice law, shall prove to the satisfaction of the
Board that said applicant has graduated from a law school approved by the
Council of The North Carolina State Bar or that said applicant will graduate
within thirty (30) days after the date of the written bar examination from a
law school approved by the Council of the North Carolina State Bar. There
shall be filed with the Secretary a certificate of the dean, or other proper
official of said law school, certifying the date of the applicant's
graduation. A list of the approved law schools is available in the office of
the Secretary.
SECTION .0800 - PROTEST
.0801 NATURE OF PROTEST
Any person may protest
the application of any applicant to be admitted to the practice of law either
by examination or by comity.
.0802 FORMAT
A protest shall be made
in writing, signed by the person making the protest and bearing the person's
home and business address, and shall be filed with the Secretary prior to the
date on which the applicant is to be examined.
.0803 NOTIFICATION; RIGHT TO WITHDRAW
The Secretary shall
notify immediately the applicant of the protest and of the charges therein made;
and the applicant thereupon may file with the Secretary a written withdrawal
as a candidate for admission to the practice of law at that examination.
.0804 HEARING
In case the applicant
does not withdraw as a candidate for admission to the practice of law at the
examination, the person or persons making the protest and the applicant in
question shall appear before the Board at a time and place to be designated
by the Board. In the event time will not permit a hearing on the protest
prior to the examination, the applicant may take the written examination, and
the results will be sealed until final disposition of the protest in favor of
the applicant.
.0805 REFUSAL TO LICENSE
Nothing herein contained
shall prevent the Board on its own motion from refusing to issue a license to
practice law until the Board has been fully satisfied as to the moral
character and general fitness of the applicant as provided by Section .0600
of this Chapter.
SECTION .0900 - EXAMINATIONS
.0901 WRITTEN EXAMINATION
Two
written bar examinations shall be held each year for those applying to be
admitted to the practice of law in North Carolina.
.0902 DATES
The
written bar examinations shall be held in the City of Raleigh, Wake County or
adjoining counties in the months of February and July on such dates as the
Board may set from year to year.
.0903 SUBJECT MATTER
The
examination may deal with the following subjects: Business Association
(including agency, corporations, and partnerships), Civil Procedure,
Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Family
Law, Legal Ethics, Real Property, Secured Transactions including The Uniform
Commercial Code, Taxation, Torts, Trusts, Wills, Decedents' Estates and
Equity.
.0904 PASSING SCORE
The
Board shall determine what shall constitute the passing of an examination.
SECTION .1000 - REVIEW OF WRITTEN
BAR EXAMINATION
.1001 REVIEW
An unsuccessful applicant to the bar examination
may examine the test booklets containing the applicant's essay examination
along with such answers to the examination as the Board determines will be of
assistance to the applicants and the essay examination in the Board's
offices.
.1002 FEES
The Board will furnish
an unsuccessful applicant a copy of the applicant's essay examination at a
cost to be determined by the Secretary, not to exceed $20.00. No copies of
the Board’s grading guide will be made or furnished to the applicant.
.1003 MULTISTATE BAR EXAMINATION
There
is no provision for review of the Multistate Bar Examination.
.1004 SCORES
(1)
Upon written request, the Board will release to an unsuccessful applicant the
applicant's scores on the bar examination.
(2)
Upon written request of an applicant, the Board will furnish the Multistate
Bar Examination score of said applicant to another board of bar examiners, or
like organization that administers the admission of attorneys into that
jurisdiction.
.1005 BOARD REPRESENTATIVE
The
Secretary of the Board serves as the representative of the Board during this
review of the written bar examination by an unsuccessful applicant. The
Secretary is not authorized to discuss any specific questions and answers on
the bar examination.
SECTION .1200 - BOARD HEARINGS
.1201 NATURE OF HEARINGS
(1) All general
applicants may be required to appear before the Board or a Panel at a hearing
to answer inquiry about any matter under these rules.
(2) Each comity
applicant shall appear before the Board or Panel to satisfy the
Board that he or she has met all the requirements of Rule .0502.
.1202 NOTICE OF HEARING
The Chairman will schedule
the hearings before the Board or Panel and such hearings will be scheduled by
the issuance of a notice of hearing mailed to the applicant or the
applicant's attorney within a reasonable time before the date of the hearing.
.1203 CONDUCT OF HEARINGS
(1) All hearings shall
be heard by the Board except that the Chairman may designate two or more
members to serve as a Panel to conduct these hearings.
(2) The Panel will make
a determination as to the applicant's eligibility to stand the written bar
examination or to be licensed by comity. The Panel may grant the application,
deny the application, or refer it to the Board for a de novo hearing. The
applicant will be notified in writing of the Panel's determination. In the
event of an adverse determination by the Panel, the applicant may request a
hearing de novo before the Board by giving written notice to the Secretary at
the offices of the Board within ten (10) days following receipt of the
Panel's determination. Failure to file such notice in the manner and within
the time stated shall operate as a waiver of the right of the applicant to
request a hearing de novo before the Board and shall result in the
determination of the Panel becoming final.
(3) The Board or a Panel
of the Board may require an applicant to make more than one appearance before
the Board or Panel, to furnish information and documents as it may reasonably
require, and to submit to reasonable physical or mental examinations, all at
the applicant's expense, pertaining to the moral character or general fitness
of the applicant to be licensed to practice law in North Carolina.
(4) The Board or a Panel
of the Board may allow an applicant to take the bar examination but seal the
results of that examination until the Board or a Panel of the Board has made
a final determination that the applicant possesses the qualifications of
character and general fitness requisite for an attorney and counselor at law
and is possessed of good moral character and is entitled to the high regard
and confidence of the public.
.1204 CONTINUANCES; MOTIONS FOR SUCH
Continuances,
adjournments and like dispositions will be granted to a party only in
compelling circumstances, especially when one such disposition has been previously
requested by and granted to that party. Motions for continuances should be
made to the Secretary of the Board and will be granted or denied by the
Chairman of the Board.
.1205 SUBPOENAS
(1) The Board shall have
the power to subpoena and to summon and examine witnesses under oath and to
compel their attendance and the production of books, papers and other
documents and writings deemed by it to be necessary or material to the
hearing as set forth in G.S. 84-24.
(2) The Secretary of the
Board is delegated the power to issue subpoenas in the Board's name.
.1206 DEPOSITIONS AND DISCOVERY
(1) A deposition may be
used in evidence when taken in compliance with the N. C. Rules of Civil Procedure,
G.S. 1A-1. The Board may also allow the use of depositions or written
interrogatories for the purpose of discovery or for the use as evidence in
the hearing or for both purposes pursuant to the N. C. Rules of Civil
Procedure.
(2) Any party or the
Board may submit sworn affidavits as evidence to be
considered by the Board in a Board Hearing. The Board will take under
consideration sworn affidavits presented to the Board by persons desiring to
protest an applicant's admission to the North Carolina Bar.
.1207 REOPENING OF A CASE
After a final decision
has been reached by the Board in any matter, a party may petition the Board
to reopen or reconsider a case. Petitions will not be granted except when
petitioner can show that the reasons for reopening or reconsidering the case
are to introduce newly discovered evidence which was not presented at the
initial hearing because of some justifiable, excusable or unavoidable
circumstances and that fairness and justice require reopening or
reconsidering the case. The Petition has been made within a reasonable time
and not more than ninety days after the decision of the Board has been
entered.
SECTION .1300 - LICENSES
.1302 LICENSES FOR GENERAL APPLICANTS
Upon compliance with the
rules of the Board, and all orders of the Board, the Secretary, upon order of
the Board, shall issue a license to practice law in North Carolina to each
applicant as may be designated by the Board in the form and manner as may be
prescribed by the Board, and at such times as prescribed by the Board.
SECTION .1400 - JUDICIAL REVIEW
.1401 APPEALS
A general applicant may appeal
from an adverse ruling or determination by the Board as to the applicant's
eligibility to take the written examination. After a general applicant has
successfully passed the written examination, the applicant may appeal from
any adverse ruling or determination withholding the applicant's license to
practice law. A comity applicant may appeal from an adverse ruling of the
Board of Law Examiners denying the applicant's application to the North
Carolina Bar by comity for failure to meet any of the requirements of Rule
.0502 of this Chapter.
.1402 NOTICE OF APPEAL
Notice of appeal shall
be given, in writing, within twenty (20) days after notice of such ruling or
determination and written exceptions to the ruling or determination filed
with the Secretary, which exceptions shall state the grounds of objection to
such ruling or determination. Failure to file such notice of appeal in the
manner and within the time stated shall operate as a waiver of the right to
appeal and shall result in the decision of the Board becoming final.
.1403 RECORD TO BE FILED
Within sixty (60) days
after receipt of the notice of appeal, and after the applicant has paid the
cost of preparing the record, the Secretary shall prepare, certify, and file
with the Clerk of the Superior Court of Wake County the record of the case,
comprising;
(1) the
application and supporting documents or papers filed by the applicant with
the Board;
(2) a
complete transcription of the testimony when taken at the hearing;
(3) copies
of all pertinent documents and other written evidence introduced at the
hearing;
(4) a
copy of the decision of the Board; and
(5) a
copy of the notice of appeal containing the exceptions filed to the decision.
With the permission of the
court, the record may be shortened by stipulation of all parties to the
review proceedings. Any party unreasonably refusing to stipulate to limit the
record may be taxed by the court for such additional costs as may be
occasioned by the refusal. The court may require or permit subsequent
corrections or additions to the record when deemed desirable.
.1404 WAKE COUNTY SUPERIOR COURT
Such appeal shall lie to
the Superior Court of Wake County and shall be heard by the presiding judge
or resident judge, without a jury, who may hear oral arguments and receive
written briefs, but no evidence not offered at the hearing shall be taken
except that in cases of alleged omissions or errors in the record. Testimony
thereon may be taken by the court. The findings of fact by the Board, when
supported by competent evidence, shall be conclusive and binding upon the
court. The court may affirm, reverse, or remand the case for further
proceedings. If the court reverses or remands for further proceedings the
decision of the Board, the judge shall set out in writing, which writing
shall become a part of the record, the reasons for such reversal or remand.
.1405 NORTH CAROLINA SUPREME COURT
Any party to the review proceeding,
including the Board, may appeal to the Supreme Court from the decision of the
Superior Court. No appeal bond shall be required of the Board.
After examining the foregoing amendments to the Rules Governing
Admission to the Practice of Law in the State of North Carolina as adopted by
the Council of the North Carolina State Bar, it is my opinion that the same
is not inconsistent with Article 4, Chapter 84 of the General Statues.
This
March 8, 2013
Sarah Parker.
Chief Justice
Upon the foregoing certificate, it is ordered that the foregoing amendment to
the Rules Governing Admission to the Practice of Law in the State of North
Carolina be spread upon the minutes of the supreme Court and that it be
published in the forthcoming volume of
the Reports as provided by the Act incorporating the North Carolina State
Bar.
This March 8, 2013
Barbara Jackson
For the Court
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