A. All applicants for admission by bar examination: 1. must meet the requirements of Rules 1, 2 and 5; 2. shall apply to take the examination on forms provided by the Board; 3. must receive a passingscaled score of 260 or above on the North Dakota bar examination
as recommended by the Board in a pass/fail policy approved by the Supreme Court prior
to each exam; and 4. must receive at least a scaled score of 85 or above on the Multistate Professional
Responsibility Examination (MPRE) within five years of filing an application. B. The North Dakota bar examination shall be the Uniform Bar Examination (UBE) consisting
of the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the
Multistate Performance Test (MPT), which are prepared by and given under the supervision
ofaccording to the standards established by the National Conference of Bar Examiners. C. In lieu of taking the MBE in North Dakota, an applicant may transfer any MBE scaled score
received from an examination given in another jurisdiction provided: 1. the other requirements of this Rule are met; 2. the applicant has been admitted to the bar of the jurisdiction in which the MBE
examination was written; and 3. proof of the MBE score and a completed application are received at the offices of the
Board within two years of the date of the examination in the jurisdiction of admission. DC. Upon acceptance and approval of the application by the Board and the payment of the
required fees, the applicant may take the bar examination. This general permission to
take the examination does not imply that an applicant has met all the requirements
for admission to the bar of North Dakota. ED. The Board shall set the date, time, place and content of each examination, and announcethe date and time of the examination. FE. An applicant whose disability requires testing accommodations shall submit with the
application a written request on such forms as required under the Board's testing
accommodations policy. The Board shall notify the applicant of its decision and provide
an opportunity for reconsideration. GF. Taking into consideration the results of the bar examination, along with the applicant's
moral character, the Board shall make a recommendation to the Supreme Court regarding
the admission of each applicant to the bar. . . . . . .
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 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; cb. has received a scaled score of 85 or above on the Multistate Professional
Responsibility Examination (MPRE) within five years of filing an applicationgiven
under the auspices of the National Conference of Bar Examiners; bc. has received a scaled score of 260 or above on the Uniform Bar Examination (UBE)
given in another jurisdiction, or a scaled score of 150 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 that does not use the UBE; and d. has been admitted to the bar of the jurisdiction in which the UBE or MBE
examination was written. 2. Proof of the UBE or 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.
Rule 10. Review Procedures
A. Informal Interview At any stage of the application proceedings, the Board may request the applicant to appear
before it or a designated Board member to answer any questions. B. Formal Hearing 1. If the Board makes a recommendation for conditional admission or licensure, a negative
recommendation for admission to the bar or a negative decision on licensure for any
reason, it shall so notify the applicant by certified mail directed to the applicant at the
mailing address appearing on the applicant's application. The notice must specify the
grounds for the recommendation or decision by the Board. If a negative recommendation or decision is based on the grounds that the applicant has
failed to pass a portion of the bar examination or the attorney's examination, upon written
request, and payment of a reasonable copying fee, the applicant shall be provided copies
of the appropriate point sheet or model analyses, prepared by or under the supervision of
the National Conference of Bar Examiners, for that part of the applicant's examination.
Any inspection and copying of the examination prepared and scored by or under the
supervision of the National Conference of Bar Examiners will be as permitted by the
guidelines and limitations prescribed by the National Conference of Bar Examiners or its
designee. a. If the Board provides for an independent duplicate grading procedure under the
pass/fail policy, the Board will not regrade any exam; however, the Board may
reconsider a score if there is an obvious flaw in the question or analysis or the overall
administration of the examination was faulty. 2. Within 30 days after the mailing of the notification, the applicant may demand a formal
hearing by written petition directed to the Board. 3. At least 20 days before the hearing, the Board shall notify the applicant of the time and
place of the hearing and shall inform the applicant of the applicant's right to be
represented by counsel and to present any witnesses as the applicant may choose. 4. The hearing must be on the record and, at the discretion of the Board, may be held before
the Board or a hearing examiner appointed by the Board to conduct the hearing. The
Board shall set forth its findings of fact and its conclusions. If a hearing examiner is
appointed to conduct the hearing, the findings and conclusions of the hearing examiner,
to the extent that the Board adopts them, become the findings and conclusions of the
Board. 5. The applicant has the burden of showing that the applicant should be admitted, with or
without conditions, by a preponderance of the evidence. 6. The Board shall notify the applicant by certified mail of its findings of fact and its
conclusions. C. Supreme Court Consideration 1. An applicant who, after formal hearing, receives notice that the Board will recommend
conditional admission or licensure, or has given a negative recommendation or decision
on admission or licensure, may request review of that recommendation or decision by the
Supreme Court. The review may be requested by written petition directed to the Clerk.
The petition must be filed within 30 days after the Board's mailing of the notice of the
results of the formal hearing. 2. The Clerk, upon receipt of a petition, shall notify the Board to prepare and file with the
Clerk of the Supreme Court the record and files, including the transcript of the hearing,
its findings of fact, and its recommendation. The cost of the transcript of the hearing, if
any, shall be the responsibility of the petitioner. 3. To the extent appropriate, all proceedings before the Supreme Court must conform to the
North Dakota Rules of Appellate Procedure. The Board shall participate in the briefing
and oral argument before the Supreme Court. 4. The applicant has a burden of proof by a preponderance of the evidence.