Rule 7. Admission by Motion

Effective Date: 8/1/2001

Obsolete Date: 3/1/2009

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 Rule 1;

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 Supreme Court.The application must be accompanied by:

a. an affidavit identifying all other jurisdictions in which the applicant has applied foradmission 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 ofgeneral 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 LegalEducation, three hours of which shall be in the area of ethics or course work commonlyconsidered 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 Rule 1;

b.has received 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;

c.has received a scaled score of 80 on the Multistate Professional Responsibility Examination (MPRE) given under the auspices of the National Conference of Bar Examiners;

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 shallinvestigate 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.

[Amended effective August 1, 2001.] 

Effective Date Obsolete Date
10/01/2016 View
04/01/2013 10/01/2016 View
09/01/2010 04/01/2013 View
03/01/2009 09/01/2010 View
08/01/2001 03/01/2009 View
01/01/2001 08/01/2001 View