Obsolete Date: 3/1/2009
A. No person may be admitted to practice as an attorney and counselor at law in this state unlessthe person:
1. is at least eighteen (18) years of age;
2. is of good moral character and fit to practice law;
a. The State Board of Law Examiners will determine that an applicant's moral character is such as permits a positive recommendation when the applicant's record of conduct indicates that the applicant is presently honest, trustworthy, diligent, and reliable. Those traits in an applicant suggest that the applicant is one who, if otherwise admissible, will properly perform the obligations a member of the bar owes to clients, the courts, opposing parties and counsel, and the public generally. It is the duty of the applicant to supply information sufficient to enable the Board to review the applicant's conduct.
b.When an applicant's record of conduct includes inappropriate behavior - such as, for example, an instance of any of the items listed below - the Board will make further inquiry before deciding whether the applicant possesses the good moral character and fitness to practice law required for a positive recommendation:
( 1) unlawful conduct;
( 2) academic misconduct;
( 3) making false statements;
( 4) misconduct in employment;
( 5) acts involving dishonesty, fraud, deceit or misrepresentation;
( 6) abuse of legal process;
( 7) neglect of financial responsibilities;
( 8) neglect of professional obligations;
( 9) violation of an order of a court;
(10) evidence of mental or emotional instability;
(11) evidence of drug or alcohol dependency;
(12) denial of admission to the bar in another jurisdiction;
(13) disciplinary action by a lawyer disciplinary agency or other professional agency of any jurisdiction.
c.In determining whether the present moral character and fitness of an applicant qualifies her or him for a positive recommendation, the Board will assess the weight and significance of any inappropriate conduct by considering the following factors:
(1) the applicant's age at the time of the conduct;
(2) the recentness of the conduct;
(3) the reliability of the information concerning the conduct;
(4) the seriousness of the conduct;
(5) the factors underlying the conduct;
(6) the cumulative effect of conduct or information;
(7) the evidence of rehabilitation;
(8) the applicant's positive social contributions since the conduct;
(9) the applicant's candor in the admissions process;
(10) the materiality of any omissions or misrepresentations.
d. The Board may employ such assistance in conducting the character and fitness investigation as it deems necessary, including a character report by the National Conference of Bar Examiners or further investigation by the Character and Fitness Committee.
e.At any stage of the registration or application proceedings, the Board may request the applicant to appear before it or a designated Board member to answer any questions.
3. has designated the Clerk of the Supreme Court as the applicant's agent for service ofprocess for all purposes;
4.has received a juris doctor or equivalent degree from a law school approved or provisionally approved for accreditation by the American Bar Association;
5.has complied with either Rule 6 or Rule 7; and
6.has paid all required fees.
[Amended effective August 1, 2001.]