Admission to Practice R.
Rule 7. Admission by Motion
A. Eligibility by Practice.
1. Any person who is a member of the bar of another state or the District of Columbia may apply for admission by motion if that person:
a. meets the requirements of Rules 1 and 2;
b. has been a member of the bar of another state or the District of Columbia for at least five (5) years;
c. has for at least four (4) of the last five (5) years immediately preceding the application for admission on motion been actively engaged, to an extent deemed by the Board to demonstrate competency in the practice of law, in one or more of the following:
(1) the private practice of law;
(2) service as a judge of a court of record.
(3) the teaching of law as a full-time instructor in a law school or schools accredited by the American Bar Association; or
(4) the performance of full-time legal work in a legal capacity.
2. The application for admission by motion shall be filed with the
Clerk of the
Court Board. The application must be accompanied by:
a. an affidavit identifying all other jurisdictions in which the applicant has applied for admission and the final decision of the admitting authority in each jurisdiction;
b. certification of admission to practice by the admitting authority in each jurisdiction that the applicant has identified in a. as having admitted the applicant to the bar;
c. an affidavit disclosing the place or places in the other state or states or the District of Columbia where the applicant has practiced law;
d. the name and post office address, whenever possible, of at least one judge of a court of general jurisdiction who, during the specified period, has presided in a court before which the applicant has practiced law;
e. certification by the attorney disciplinary authority in each jurisdiction where the applicant has been admitted to the bar that there are no prior or pending proceedings of disbarment or suspension of the applicant's license to practice law against the applicant in that jurisdiction;
f. the affidavits of at least two attorneys from another jurisdiction where the applicant has been admitted to the bar which attest to the applicant's good moral character and fitness to practice law. The affidavits must be from attorneys who practiced law contemporaneously with the applicant; and
g. verification of 45 hours of approved or approvable course work in Continuing Legal Education, three hours of which shall be in the area of ethics or course work commonly considered professional responsibility, during the three years immediately preceding the application for admission to the bar of this state.
3. If the Board determines that the applicant's legal experience does not demonstrate sufficient competency in the practice of law, it shall require the applicant to take an attorney's examination. The Board shall set the date, time, place and content of each examination.
B. Eligibility by Test Score.
1. An applicant may be eligible for admission by motion provided the applicant:
a. meets the requirements of Rules 1 and 2;
b. has received a scaled score of
150 145 or above on the
Multistate Bar Examination
(MBE) taken as a part of and at the same time as the essay or other written bar
examination given by another jurisdiction;
c. has received a scaled score of
80 85 on the Multistate
Examination (MPRE) given under the auspices of the National Conference of Bar
d. has been admitted to the bar of the jurisdiction in which the MBE examination was written.
2. Proof of the MBE score and a completed application must be received at the offices of the Board within two years of the date of the examination in the jurisdiction of admission.
C. The application for admission by motion must be referred to the Board which shall investigate the same and its sufficiency, including the moral character of the applicant.
D. Taking into consideration each applicant's moral character, and the results of the attorney's examination, if required, the Board shall make a recommendation to the Supreme Court regarding the admission of each applicant to the bar.
E. Upon the report of the Board recommending an applicant's admission, a
written motion for
admission may be considered by the Supreme Court. The motion must be:
1. made by a member of the North Dakota bar; and
2. filed with the Clerk of the Supreme Court.