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Rules of the Court / BOLE

Court Rules for Admission of Attorneys and Counselors at Law
520.1 General
520.2 Admission Upon Examination
520.3 Study of Law in Law School
520.4 Study of Law in Law Office
520.5 Study of Law School and Actual Practice

520.6 Study of Law in Foreign Country
520.7 Certification by Board of Law Examiners
520.8 New York State Bar Examination
520.9 Multistate Professional Responsibility Exam
520.10 Admission Without Examination
520.11 Admission Pro Hac Vice
520.12 Proof of Moral Character
520.13 Designation of Agent for Service of Process
520.14 Application for Waiver of Rules
520.15 Rules of the NYS Board of Law Examiners
520.16 Pro Bono Requirement for Bar Admission
520.17 520.17 Pro Bono Scholars Program

ARCHIVED RULES

State Board of Law Examiners Rules
6000.1 Board Office
6000.2 Applications and Proof Required of Applicants for Examination
6000.3 Schedule of Fees
6000.4 Test Accommodations for Applicants with Disabilities
6000.5 Assignment and Certification of Applicants
6000.6 Examination
6000.7 Automatic Regrading of Certain Examination Answers
6000.8 Publication of Essay Questions and Selected Applicants' Answers
6000.9 Fraud, Dishonesty and other Misconduct
6000.10 Application for Waiver of Rules
 

Section 520 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law (amended, effective April 1, 2012)

§ 520.1 General.

(a) A person shall be admitted to practice law in the courts of the State of New York only by an order of the Appellate Division of the Supreme Court upon compliance with these rules.

(b) Saving Clause. Those provisions of the rules of the Court of Appeals for the admission of attorneys and counselors at law that prescribe the qualifications for admission to the New York State bar examination, which were in effect at the time an applicant for admission commenced the study of law, to the extent that the application thereof was or would have been less restrictive or burdensome, shall determine the applicant's eligibility for admission to such examination.

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§ 520.2 Admission Upon Examination

(a) Proof Required by the New York State Board of Law Examiners. An applicant for admission to the New York State bar examination shall furnish to the New York State Board of Law Examiners, in accordance with its rules, proof satisfactory to said board:

(1) that applicant is over 21 years of age;

(2) as to the date and place of birth; and

(3) that applicant has complied with section 520.3, 520.4, 520.5, 520.6 or 520.17 of this Part.

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§ 520.3 Study of Law in Law School (effective December 10, 2014)

(a) General. An applicant may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof that:

(1) the applicant attended and was graduated with a first degree in law from an approved law school;

(2) the applicant attended and successfully completed the prescribed course of instruction required for a first degree in law at an approved law school, but has not been awarded the degree as of the date proof of eligibility to sit for the bar examination is required to be filed with the State Board of Law Examiners. The State Board of Law Examiners shall not certify the applicant for admission to the bar pursuant to section 520.7(a) of this Part until the applicant has presented satisfactory proof that the applicant has been awarded a first degree in law; or

(3) the applicant satisfies the requirements of section 520.17 of this Part.


(b) Approved law school defined. For purposes of these rules, an approved law school is one:

(1) that is approved by the American Bar Association at all times during the period of the applicant’s attendance; and

(2) that is located in the United States or its territories.

(c) Instructional requirements.

(1) The law school shall require for its first degree in law the successful completion of a program that meets each of the following requirements:

(i) a minimum of 83 credit hours must be required for graduation, including substantial instruction in substantive and procedural law and professional skills;

(ii) a minimum of 64 of the required 83 credit hours must be earned by attendance in regularly scheduled classroom courses at the law school; and

(iii) a minimum of two credit hours must be earned in a course or courses in professional responsibility.

(2) Clinical courses. Credit may be granted toward the 83 credit hours required for graduation for law school clinical courses. Such credit may be counted toward the 64 classroom credit hours required by paragraph (1)(ii) of this subdivision, provided:

(i) the course includes adequate classroom meetings or seminars during the same semester in which the clinical work is completed in order to ensure contemporaneous discussion, review and evaluation of the clinical experience;

(ii) the clinical work is conducted under the direct supervision of a member of the law school faculty; and

(iii) the time and effort required and anticipated educational benefit are commensurate with the credit awarded.

(3) Field placement programs or externships. Credit may be granted toward the 83 credit hours required for graduation for field placement programs or externships but such credit may not be counted toward the 64 classroom hours required by paragraph (1)(ii) of this subdivision, except that credit separately awarded for the classroom instructional component of a field placement program or externship taught by a member of the law school faculty may be counted toward the 64 classroom credit hour requirement.

(4) The total number of credit hours granted for law school clinical courses, field placement programs and externships, including classroom components, may not exceed 30 of the 83 credit hours required for graduation.

(5) Joint degree or other courses taught outside the law school. The law school may grant credit for up to 12 of the 83 credit hours required for graduation for courses taught by members of the faculty of any university or college with which the law school is affiliated or offers a joint degree program, or with which the law school has an agreement which allows courses to be taken at such university or college for credit at the law school. Credit granted for such courses may not be counted toward the 64 classroom credit hours required by paragraph (1)(ii) of this subdivision. 

(6) Distance education. Distance education is an educational process in which more than one-third of the course instruction is characterized by the separation, in time or place, or both, between instructor and student, and the instruction involves the use of technology to support regular and substantive interaction among students and between students and the faculty member, either synchronously or asynchronously.

(i) Up to 15 credit hours for distance education courses may be counted toward both the 83 credit hours required for graduation and the 64 classroom credit hours required by paragraph (1)(ii) of this subdivision, provided that:

(a) there is opportunity for regular and substantive interaction between the faculty member and student and among students; and

(b) there is regular monitoring of student effort and accomplishment by the faculty member as the course progresses, and the opportunity for communication regarding the student's work.

(ii) No credit shall be allowed for correspondence courses.

(iii) No credit shall be allowed for distance education courses until the student has completed the equivalent of 28 credit hours toward the first degree in law.

(7) The law school certificate of attendance filed with the State Board of Law Examiners must list separately the credit awarded for:

(i) professional responsibility courses under subparagraph (c)(1)(iii) of this section;

(ii) clinical courses under paragraph (2) of this subdivision;

(iii) field placement programs and externships under paragraph (3) of this subdivision and, if credit is separately awarded for a classroom instructional component of such a program taught by a member of the law school faculty, such credit shall be separately listed;

(iv) joint degree or other courses taught outside the law school under paragraph (5) of this subdivision; and

(v) distance education courses under paragraph (6) of this subdivision.

(d) Course of study. Except for credit awarded for law study in a foreign country as provided in subdivision (e) of this section, an approved law school shall meet the following requirements:

(1) a minimum of 700 minutes of instruction time, exclusive of examination time, must be required for the granting of one credit hour; and

(2) an approved law school shall require that the program and course of study leading to a first degree in law be completed no earlier than 24 months and no later than 60 months after a student has commenced law study at the law school or a law school from which the school has accepted transfer credit. Where credit is granted to a student who has completed law study in a foreign country, only the time commensurate with the amount of credit granted shall be counted toward the length of study requirement of this paragraph.

(e) Credit for law study in foreign country. An approved law school may, in its discretion, grant such credit as it may deem appropriate toward the total credits required for a first degree in law, but not exceeding one-third of the total credits required for the degree, to an applicant who has studied law in a law school in a foreign country. No credit shall be allowed for law study in a foreign country that was undertaken through distance education as defined in paragraph (c)(6) of this section, nor shall any credit be allowed for correspondence courses.

ARCHIVE - 520.3 Study of Law in Law School (prior to April 1, 2012)

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§ 520.4 Study of Law in Law Office (effective April 1, 2012)

(a) General. An applicant may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof that:

(1) the applicant commenced the study of law after the applicant's 18th birthday;

(2) the applicant successfully completed the prescribed requirements of the first year of full-time study in a first degree in law program at an approved law school as defined in section 520.3(b) of this Part, whether attending full-time or part-time, earning a minimum of 28 credit hours (the threshold period);

(3) at the conclusion of the threshold period the applicant was in good standing, not on academic probation, and was eligible to continue in the law school's degree program;

(4) the threshold period was completed within 36 months of the commencement of law school study; and

(5) the applicant thereafter studied law in a law office or offices located within New York State, under the supervision of one or more attorneys admitted to practice law in New York State, for such a period of time as, together with the credit permitted pursuant to this section for attendance in an approved law school, shall aggregate four years.

(b) Employment and instruction requirements. An applicant studying law in a law office or offices within New York State must be actually and continuously employed during the required period as a regular law clerk and student in a law office, under the direction and subject to the supervision of one or more attorneys admitted to practice law in New York State, and must be actually engaged in the practical work of such law office during normal business hours. In addition, the applicant must receive instruction from the supervising attorney or attorneys in those subjects that are customarily taught in approved law schools.

(c) Credit for attendance in approved law school. Credit shall be allowed toward the required four years of combined law school and law office study in accordance with subdivision (a) as follows:

(1) one full year (52 weeks) of credit shall be allowed for successfully completing the threshold period;

(2) following the threshold period, two weeks of credit shall be allowed for every additional successfully completed credit hour at an approved law school, but only if at the conclusion of the semester in which the credits were earned the applicant was in good academic standing, was not on academic probation and was eligible to continue in the school’s degree program.

(d) Vacations. Vacations taken by the applicant in excess of one month in any year of law office study shall be deducted from the period of law office study for which credit shall be given, but if the applicant does not take a vacation there will not be an adjustment in the period of study required by this section.

(e) Certificate of commencement of law office study. It shall be the duty of the attorney or attorneys with whom a period of law office study is about to be commenced to obtain from, complete and file with, the Clerk of the Court of Appeals a certificate of commencement of clerkship, Appendix B-2, infra. At the time the certificate of commencement of clerkship is filed, the applicant shall provide the Court of Appeals with a copy of the determination of the State Board of Law Examiners of the credit to which the applicant is entitled under subdivision (c) of this section.

(f) Credit for law study in law office. Credit shall be given only for study in a law office or offices engaged in after the successful completion of the threshold period of law school study and after the filing of the certificate required by subdivision (e) of this section.

(g) Proof required. Compliance with the requirements of this section shall be proved to the satisfaction of the State Board of Law Examiners.

ARCHIVE - 520.4 Study of Law in Law Office (prior to April 1, 2012)

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§ 520.5 Study of Law in Law School and Actual Practice (effective April 1, 2012)

(a) General. An applicant who has studied law in any law school in any other state or territory of the United States or in the District of Columbia, other than a law school that grants credit for correspondence courses, and has received a degree from such law school that qualifies the applicant to practice law in such state, territory or in the District of Columbia, may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof that:

(1) the applicant possesses the legal education required by this Part;

(2) the applicant's course of study complies with the instructional, course of study, and academic calendar requirements of section 520.3(c) through (e) of this Part; and

(3) while admitted to the bar in the highest court in any state or territory of the United States or in the District of Columbia, the applicant has actually practiced therein for at least five years of the seven years immediately preceding the application to sit for the bar examination.

(b) Proof required. The applicant shall submit to the State Board of Law Examiners such proof of compliance with the provisions of this section as the Board may require.

ARCHIVE - 520.5 Study of Law in Law School and Actual Practice (prior to April 1, 2012)

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§ 520.6 Study of Law in Foreign Country; Required Legal Education

(a) General. An applicant who has studied in a foreign country may qualify to take the New York State bar examination by submitting to the New York State Board of Law Examiners satisfactory proof of the legal education required by this section.

(b) Legal education. The applicant must satisfy the educational requirements of either paragraph (1) or (2) of this subdivision.

(1) The applicant shall show fulfillment of the educational requirements for admission to the practice of law in a country other than the United States by successful completion of a period of law study in a law school or schools each of which, throughout the period of the applicant's study therein, was approved by the government or an authorized accrediting body in such country, or of a political subdivision thereof, to award a first degree in law, and satisfaction of the following requirements:

(i)(a) Durational requirements. The program and course of law study successfully completed by the applicant was substantially equivalent in duration to the legal education provided by an American Bar Association approved law school in the United States, and in substantial compliance with the instructional and academic calendar requirements of section 520.3(c)(1)(i) and (ii) and (d)(1) of this Part; and

(b) Substantive requirements. Such other country is one whose jurisprudence is based upon the principles of English Common Law, and that the program and course of law study successfully completed by the applicant were the substantial equivalent of the legal education provided by an American Bar Association approved law school in the United States.

(ii) Cure provision. An applicant who does not meet the requirements of subparagraph (i)(a) or (i)(b) may cure either the durational or substantive deficiency, but not both, under the following circumstances:

(a) Durational deficiency. If the applicant does not meet the durational requirements of subparagraph (i)(a), the applicant may cure the deficiency by providing satisfactory proof that the applicant has at least two years of foreign legal education that meets the substantive requirements of subparagraph (i)(b) and that the applicant has graduated from an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of subdivision (b)(3) of this section.

(b) Substantive deficiency. If the applicant does not meet the substantive requirements of subparagraph (i)(b), the applicant may cure the deficiency by providing satisfactory proof that the applicant meets the durational requirements of subparagraph (i)(a) and that the applicant has graduated from an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of subdivision (b)(3) of this section.

(2) The applicant shall show admission to practice law in a country other than the United States whose jurisprudence is based upon principles of English Common Law, where admission was based upon a program of study in a law school and/or law office approved by the government or an authorized accrediting body in such country, or of a political subdivision thereof, and which satisfies the durational requirements of subparagraph (1)(i)(a) but does not satisfy the substantive requirements of subparagraph (1)(i)(b) of this subdivision, and that such applicant has successfully completed an LL.M. degree program at an American Bar Association approved law school in the United States meeting the requirements of subdivision (b)(3) of this section.

(3) An LL.M. degree shall be satisfactory to qualify an applicant otherwise meeting the requirements of subsections (b)(1)(ii) or (b)(2) to take the New York State bar examination provided the following requirements are met:

(i) the program shall consist of a minimum of 24 credit hours (or the equivalent thereof, if the law school is on an academic schedule other than a conventional semester system) which, except as otherwise permitted herein, shall be in classroom courses at the law school in substantive and procedural law and professional skills;

(ii) a minimum of 700 minutes of instruction time, exclusive of examination time, must be required for the granting of one credit hour;

(iii) the program shall include a period of instruction consisting of no fewer than two semesters of at least 13 calendar weeks each, or the equivalent thereof, exclusive of reading periods, examinations and breaks, and shall not be completed exclusively during summer semesters, but a maximum of four credit hours may be earned in courses completed during summer semesters;

(iv) the program shall be completed within 24 months of matriculation;

(v) all coursework for the program shall be completed at the campus of an American Bar Association approved law school in the United States, except as otherwise expressly permitted by subdivision (b)(3)(vii);

(vi) the program completed by the applicant shall include:

(a) a minimum of two credit hours in a course or courses in professional responsibility;

(b) a minimum of two credit hours in legal research, writing and analysis, which may not be satisfied by a research and writing requirement in a substantive law course;

(c) a minimum of two credit hours in American legal studies, the American legal system or a similar course designed to introduce students to distinctive aspects and/or fundamental principles of United States law, which may be satisfied by a course in United States constitutional law or United States or state civil procedure; credit earned in such course in excess of the required two credit hours may be applied in satisfaction of the requirement of subdivision (b)(3)(vi)(d); and

(d) a minimum of six credit hours in other courses that principally focus on subject matter tested on the New York State bar examination.

(vii) The program completed by the applicant may include:

(a) a maximum of four credit hours in clinical courses, provided (1) the clinical course includes a classroom instructional component in order to ensure contemporaneous discussion, review and evaluation of the clinical experience; (2) the clinical work is done under the direct supervision of a member of the law school faculty; and (3) the time and effort required and anticipated educational benefit are commensurate with the credit awarded; and

(b) a maximum of six credit hours in other courses related to legal training taught by members of the faculty of the law school or of the university with which the law school is affiliated, or taught by members of the faculty of any university or college with which the law school offers a joint degree program, provided such courses must be completed at the campus of such university or college in the United States.

(viii) No credit shall be allowed for correspondence courses, on-line courses, courses offered on DVD or other media, or other distance learning courses.

(c) Proof required. The applicant shall submit to the State Board of Law Examiners such proof of compliance with the provisions of this section as the Board may require.

(d) Effective date for implementation. Except for the requirements of subdivisions (b)(3)(iii), (v) and (viii), which are effective May 18, 2011, the provisions of Rule 520.6(b)(3) shall first apply to LL.M. programs commencing during the 2012-13 academic year and to applicants applying to take the July 2013 bar examination, subject to the saving clause of Rule 520.1(b).

ARCHIVE - 520.6 Study of Law in Foreign Country; Required Legal Education (prior to April 1, 2012)

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§ 520.7 Certification by Board of Law Examiners

(a) Except as provided in section 520.10 of this Part, no applicant for admission to practice in this State shall be admitted unless the New York State Board of Law Examiners shall have certified to the Appellate Division of the department in which, as shown by the papers filed by the applicant with the board, the applicant resides, or if not a resident of the State, in which such papers show that applicant is employed full-time, or, if the applicant does not reside and is not employed full-time in the State, to the Appellate Division of the Third Department, that the applicant (1) has passed the written bar examination prescribed in section 520.8 of this Part, and (2) has also passed the Multistate Professional Responsibility Examination described in section 520.9 of this Part.

(b) The requirement of this Part shall first be applicable to those candidates for admission to practice law in New York who qualify for and take the July 1982 regular New York State bar examination and to all those who thereafter qualify for and take such examinations.

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§ 520.8 New York State Bar Examination

(a) General. The New York State Board of Law Examiners shall twice each year conduct a written bar examination consisting of legal problems in both adjective and substantive law, and it shall by rule prescribe a list of subjects which will indicate the general scope of the bar examination. The board may use the Multistate Bar Examination as part of the bar examination.

(b) Uniformity of Bar Examinations. The bar examinations shall be as nearly uniform from year to year as is reasonably practicable.

(c) Preservation of Papers. Bar examination papers shall be preserved for a period of four months from the date of the announcement of the results of the bar examination, and may thereafter be destroyed.

(d) Examination Fee. Every applicant for a bar examination shall pay to the New York State Board of Law Examiners the fee prescribed by section 465 of the Judiciary Law.

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§ 520.9 Multistate Professional Responsibility Examination

(a) General. The Multistate Professional Responsibility Examination referred to in section 520.7 of this Part shall be the examination bearing that name which is administered by the National Conference of Bar Examiners.

(b) Requirements and Times and Places for Taking Examination. An applicant may take the Multistate Professional Responsibility Examination or subsequent to completion of the requirements for taking the New York State bar examination. An application to take the Multistate Professional Responsibility Examination shall be filed with the National Conference of Bar Examiners and the fee therefor shall be fixed by and paid to that conference, which shall also fix the times and places, within or without the State of New York, for taking the examination.

(c) Passing Score. The New York State Board of Law Examiners may accept the scores attained by individual applicants on the examination as determined and reported to it by the National Conference of Bar Examiners, but such board shall determine the passing score for applicants seeking admission to practice in this State.

(d) Reexamination. There shall be no restriction on the right of a failing applicant to retake the Multistate Professional Responsibility Examination.

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§ 520.10 Admission Without Examination

(a) General. In its discretion, the Appellate Division may admit to practice without examination an applicant who:

(1) (i) has been admitted to practice in the highest law court in any other state or territory of the United States or in the District of Columbia; or

(ii) has been admitted to practice as an attorney and counselor-at-law or the equivalent in the highest court in another country whose jurisprudence is based upon the principles of the English Common Law; and

(iii) is currently admitted to the bar in such other jurisdiction or jurisdictions, that at least one such jurisdiction in which the attorney is so admitted would similarly admit an attorney or counselor-at-law admitted to practice in New York State to its bar without examination; and

(2) (i) while admitted to practice as specified in paragraph (1) of this subdivision, has actually practiced therein, for at least five of the seven years immediately preceding the application:

(a) in its highest law court or highest court of original jurisdiction in the state or territory of the United States, in the District of Columbia or in the common law country where admitted; or

(b) in Federal military or civilian legal service in a position which requires admission to the bar for the appointment thereto or for the performance of the duties thereof, even if the government service, civilian or military, was not in a jurisdiction in which the applicant was admitted to practice; or

(c) in legal services as counsel or assistant counsel to a corporation in the state or territory of the United States where admitted, or in the District of Columbia if admitted therein; or in the common law country where admitted; or

(ii) has been employed in any other state or territory of the United States or in the District of Columbia as a judge, magistrate, referee or similar official for the local, state or federal government in a tribunal of record, or as a law clerk to such judicial official, provided that such employment requires admission to the bar for the appointment thereto or for the performance of the duties thereof, for at least five of the seven years immediately preceding the application; or

(iii) has been employed in this State or in any other state or territory of the United States or in the District of Columbia as a full-time member of the law faculty teaching in a law school or schools on the approved list of the American Bar Association and has attained the rank of professor or associate professor for at least five of the seven years immediately preceding the application; or

(iv) has actually practiced as provided in subparagraph (i) of this paragraph, or been employed as a judicial official as provided in subparagraph (ii) of this paragraph, or has been teaching at a law school as provided in subparagraph (iii) of this paragraph, or has actually practiced while admitted pursuant to Rule 520.11(a)(2) of this Part, for a period of up to 18 months, in a combination or cumulation of service among the categories of practice, judicial or legal service or teaching where the Appellate Division determines that such five years of combined or cumulative service is the equivalent of the practice required in clause (a) of subparagraph (i); and

(3) has received a first degree in law from a law school in the United States that was approved by the American Bar Association at all times during the period of the applicant's attendance; and

(4) is over 26 years of age.

(b) Proof Required. An applicant for admission under this section shall file with the Clerk of the Appellate Division of the department in which, as shown by the papers filed by the applicant with the department, the applicant resides or, if not a resident of the state in which such papers show that the applicant is employed full-time or, if such papers do not show that the applicant resides or is employed full-time in the State, the Appellate Division of the Third Department:

(1) a certificate from the clerk of the highest court of the state, territory, district or foreign country in which applicant has been admitted to practice as an attorney and counselor-at-law or the equivalent, certifying to applicant's admission to practice and the date thereof; and

(2) in the case of an applicant seeking admission relying upon teaching, a certificate from the dean of the law school which employs or employed the applicant, certifying to the nature and extent of applicant's employment and the rank attained; and

(3) a certificate from the New York State Board of Law Examiners certifying that the applicant has received a first degree in law from a law school in the United States that was approved by the American Bar Association at all times during the period of the applicant's attendance; and

(4) any such other satisfactory evidence of character and qualifications as the Appellate Division may require, which may include a report of the National Conference of Bar Examiners.

(c) Proof to be Submitted and Fee Paid to New York State Board of Law Examiners. The applicant shall submit to the New York State Board of Law Examiners such proof of compliance with the provisions of paragraph (3) of subdivision (a) of this section as the board may require and shall at the same time pay the board the fee prescribed by section 465 of the Judiciary Law by certified check or money order payable to the order of the board.

(d) Discretion of Appellate Division. The Appellate Division may in its discretion impose as a condition to admission such other tests of character and fitness as it may deem proper.

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§ 520.11 Admission Pro Hac Vice

(a) General. An attorney and counselor-at-law or the equivalent who is a member in good standing of the bar of another state, territory, district or foreign country may be admitted pro hac vice:

(1) in the discretion of any court of record, to participate in any matter in which the attorney is employed;

(2) in the discretion of the Appellate Division, provided applicant is a graduate of an approved law school, to advise and represent clients and participate in any matter during the continuance of the applicant's employment or association with an organization described in subdivision 7 of section 495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months.

(b) New York Law Students. A graduate student or graduate assistant at an approved law school in New York State may be admitted pro hac vice in the discretion of the Appellate Division, to advise and represent clients or participate in any matter during the continuance of applicant's enrollment in an approved law school in New York State as a graduate student or graduate assistant, or during applicant's employment as a law school teacher in an approved law school in New York State, if applicant is in good standing as an attorney and counselor-at-law or the equivalent of the bar of another state, territory, district or foreign country and is engaged to advise or represent the client through participation in an organization described in subdivision 7 of section 495 of the Judiciary Law or during employment with a District Attorney, Corporation Counsel or the Attorney General, but in no event for longer than 18 months.

(c) Association of New York Counsel. No attorney may be admitted pro hac vice pursuant to paragraph (1) of subdivision (a) to participate in pre-trial or trial proceedings unless he or she is associated with an attorney who is a member in good standing of the New York bar, who shall be the attorney of record in the matter.

(d) Provision of Legal Services Following Determination of Major Disaster.


(1) Determination of existence of major disaster. Upon the declaration of a state of disaster or emergency by the governor of New York or of another jurisdiction, for purposes of this subdivision, this Court shall determine whether an emergency exists affecting the justice system.

(2) Temporary pro bono practice following the determination of a major disaster. Following a determination by this Court that persons residing in New York are (i) affected by a state of disaster or emergency in the entirety or a part of New York or (ii) displaced by a declared state of disaster or emergency in another jurisdiction, and such persons are in need of pro bono services and the assistance of attorneys from outside of New York is required to help provide such services, an attorney authorized to practice law in another United States jurisdiction may provide legal services in New York on a temporary basis. Such legal services must be provided on a pro bono basis without compensation from the client, or expectation of compensation or other direct or indirect pecuniary gain to the attorney from the client. Such legal services shall be assigned and supervised through an established not-for-profit bar association in New York or an organization described in subdivision 7 of section 495 of the Judiciary Law.

(3) Other temporary practice following the determination of a major disaster. Following the determination of a major disaster in another United States jurisdiction - after such a declaration of a state of disaster or emergency and its geographical scope have been made by the governor and a determination of the highest court of that jurisdiction that an emergency exists affecting the justice system - an attorney who has been authorized to practice law and is in good standing in that jurisdiction and who principally practices in that affected jurisdiction may provide legal services in New York on a temporary basis in association with an attorney admitted and in good standing in New York. The authority to engage in the temporary practice of law in New York pursuant to this paragraph shall extend only to attorneys who principally practice in the area of such other jurisdiction determined to have suffered a major disaster causing an emergency affecting the justice system and the provision of legal services. Those legal services shall be limited to:

(i) representing clients with respect to matters that the attorney was handling prior to the disaster, and

(ii) new matters in the area affected by the disaster that the attorney could have handled but is unable to do so because

(a) the attorney's ability to practice in the jurisdiction affected by the disaster has been limited by the disaster, and/or

(b) the client has temporarily relocated from the disaster area to another jurisdiction because of the disaster.

(4) Duration of authority for temporary practice. The authority to practice law in New York granted by paragraph (2) of this subdivision shall end when this Court determines that the conditions caused by the major disaster in New York have ended except that an attorney then representing clients in New York pursuant to paragraph (2) is authorized to continue the provision of legal services for such time as is reasonably necessary to complete the representation, but the attorney shall not thereafter accept new clients. The authority to practice law in New York granted by paragraph (3) of this subdivision shall end 60 days after either the governor or this Court declares that the conditions caused by the major disaster in the affected jurisdiction have ended.

(5) Court appearances. The authority granted by this subdivision does not include appearances in court except pursuant to subdivision (a) of this section.

(6) Admission and Registration requirement. An attorney may be admitted pro hac vice in the discretion of the Appellate Division, provided the applicant is a graduate of an approved law school and is not disbarred, suspended from practice or otherwise restricted from practice in any jurisdiction, to provide legal services in New York pursuant to paragraphs (2) or (3) of this subdivision. Such applicant must file a registration statement with the Office of Court Administration before the commencement of the provision of legal services. The application shall be in a form prescribed by the Appellate Division and the registration statement shall be in a form prescribed by the Office of Court Administration.

(7) Notification to clients. Attorneys authorized to practice law in another United States jurisdiction who provide legal services pursuant to this subdivision shall inform clients in New York of the jurisdiction in which they are authorized to practice law, any limits of that authorization, and the limitations on their authorization to practice law in New York as permitted by this subdivision. They shall not state or imply to any person that they are otherwise authorized to practice law in New York.

(e) Professional Responsibility Requirements.
An attorney admitted pro hac vice pursuant to this section:

(1) shall be familiar with and shall comply with the standards of professional conduct imposed upon members of the New York bar, including the rules of court governing the conduct of attorneys and the Rules of Professional Conduct; and

(2) shall be subject to the jurisdiction of the courts of this State with respect to any acts occurring during the course of the attorney's participation in the matter.


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§ 520.12 Proof of Moral Character

(a) General. Every applicant for admission to practice must file with a committee on character and fitness appointed by the Appellate Division of the Supreme Court affidavits of reputable persons that applicant possesses the good moral character and general fitness requisite for an attorney and counselor-at-law as required by section 90 of the Judiciary Law. The number of such affidavits and the qualifications of persons acceptable as affiants shall be determined by the Appellate Division to which the applicant has been certified.

(b) Affidavits. The affidavits filed shall state that the applicant is, to the knowledge of the affiant, a person of good moral character and possesses the general fitness requisite for an attorney and counselor-at-law and shall set forth in detail the facts upon which such knowledge is based. Such affidavits shall not be conclusive proof as to character and fitness, and the Appellate Division to which the applicant has been certified may inquire further through its committee on character and fitness or otherwise.

(c) Discretion of Appellate Division. The Appellate Division in each department may adopt for its department such additional procedures for ascertaining the moral character and general fitness of applicants as it may deem proper, which may include submission of a report of the National Conference of Bar Examiners.

(d) Time to File Affidavits. (1) Except as provided in paragraph (2) of this subdivision, every applicant for admission to practice, other than applicants for admission without examination pursuant to section 520.10 of this Part, shall file the affidavits required under subdivision (a) and any additional material required under subdivision (c) of this section within three years from the date of the letter sent by the New York State Board of Law Examiners notifying the applicant that the applicant has passed the bar examination prescribed in section 520.8 of this Part. The requirements of this subdivision shall first be applicable to those applicants for admission who pass the July 1994 bar examination.

(2) Any applicant for admission to practice who has passed the bar examination prescribed in section 520.8 of this Part, administered prior to July 1994, and who has not filed the affidavits required under subdivision (a) and additional material required under subdivision (c) of this section, must file such affidavits within three years from the date of the letter sent by the New York State Board of Law Examiners notifying the applicant that the applicant has passed the bar examination, or by November 9, 1995, whichever date is later.

§ 520.13 Designation of Agent for Service of Process

(a) Every applicant for admission to practice who does not reside and is not employed full-time in the State shall be required, as a condition of admission, to execute and file with the Appellate Division of the department in which the applicant is being admitted, a duly acknowledged instrument in writing setting forth the applicant's residence or mailing address and designating the clerk of such Appellate Division as the applicant's agent upon whom process may be served, with like effect as if served personally upon the applicant, in any action or proceeding thereafter brought against the applicant and arising out of or based upon any legal services rendered or offered to be rendered by the applicant within the State.

(b) Any such applicant may, at any time after being admitted to practice, revoke a designation filed with the Appellate Division pursuant to subdivision (a) of this section by executing and filing with such Appellate Division an affidavit revoking such designation and showing that, as of the date of such affidavit, the applicant resides or is employed full-time in the State or has an office therein for the practice of law; except such revocation shall be effective only with respect to causes of action accruing after the filing thereof.

(c) Service of process on the clerk of the Appellate Division, pursuant to a designation filed pursuant to subdivision (a) of this section, shall be made by personally delivering to and leaving with such clerk, or with a deputy or assistant authorized to receive such service at the clerk's office, duplicate copies of the process together with a fee of $25. Service of process shall be complete when such clerk has been so served. Such clerk shall promptly send one copy of the process to the person to whom it is directed, by certified mail, return receipt requested, addressed to such person at the address specified in the designation or at such other address as such person shall have specified in a duly acknowledged supplemental instrument in writing which such person shall have filed in the office of such clerk.

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§ 520.14 Application for Waiver of Rules

The Court of Appeals, upon application, may in its discretion vary the application of or waive any provision of these rules where strict compliance will cause undue hardship to the applicant. Such application shall be in the form of a verified petition setting forth the applicant's name, age and residence address, the facts relied upon and a prayer for relief.

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§ 520.15 Rules of the New York State Board of Law Examiners

The New York State Board of Law Examiners may from time to time adopt, amend or rescind rules, not inconsistent with these Rules, as it shall deem necessary and proper to enable it to discharge its duties as such duties are established by Law and by these rules. The rules so established by the Board shall not be adopted, amended or rescinded except by a majority vote of the members thereof. A copy of each rule adopted, amended or rescinded must, within 30 days of such action, be filed in the office of the Secretary of State.

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§ 520.16 Pro Bono Requirement for Bar Admission
(effective January 1, 2013)

(a) Fifty-hour pro bono requirement. Every applicant admitted to the New York State bar on or after January 1, 2015, other than applicants for admission without examination pursuant to section 520.10 of this Part, shall complete at least 50 hours of qualifying pro bono service prior to filing an application for admission with the appropriate Appellate Division department of the Supreme Court.

(b) Pro bono service defined. For purposes of this section, pro bono service is supervised pre-admission law-related work that:
 
(1) assists in the provision of legal services without charge for
 
(i) persons of limited means;
 
(ii) not-for-profit organizations; or

(iii) individuals, groups or organizations seeking to secure or promote access to justice, including, but not limited to, the protection of civil rights, civil liberties or public rights;

(2) assists in the provision of legal assistance in public service for a judicial, legislative, executive or other governmental entity; or

(3) provides legal services pursuant to subdivisions two and three of section 484 of the Judiciary Law, or pursuant to equivalent legal authority in the jurisdiction where the services are performed.

(c) Supervision required. All qualifying pre-admission pro bono work must be performed under the supervision of:

(1) a member of a law school faculty, including adjunct faculty, or an instructor employed by a law school;

(2) an attorney admitted to practice and in good standing in the jurisdiction where the work is performed; or

(3) in the case of a clerkship or externship in a court system, by a judge or attorney employed by the court system.

(d) Location of pro bono service. The 50 hours of pro bono service, or any portion thereof, may be completed in any state or territory of the United States, the District of Columbia, or any foreign country.

(e) Timing of pro bono service. The 50 hours of pro bono service may be performed at any time after the commencement of the applicant's legal studies and prior to filing an application for admission to the New York State bar.

(f) Proof required. Every applicant for admission shall file with the appropriate Appellate Division department an Affidavit of Compliance with the Pro Bono Requirement, describing the nature and dates of pro bono service and the number of hours completed. The Affidavit of Compliance shall include a certification by the supervising attorney or judge confirming the applicant's pro bono activities. For each position used to satisfy the 50-hour requirement, the applicant shall file a separate Affidavit of Compliance. (g) Prohibition on political activities. An applicant may not satisfy any part of the 50-hour requirement by participating in partisan political activities.

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§ 520.17 Pro Bono Scholars Program

(a) General. The Pro Bono Scholars Program is a voluntary component of legal education that provides law student participants in their final semester of study with an opportunity to assist in improving access to justice for persons of limited means while acquiring practical legal skills training. The program is administered by the Chief Administrator of the Courts or a designee and provided through approved law schools in the United States.
 
(b) Eligibility. A student may participate in the Pro Bono Scholars Program upon proof that:

(1) the student is enrolled in the final semester of law school study in a first degree in law program at an approved law school in the United States, as that term is defined in section 520.3 of this Part, and satisfies any eligibility requirements set by the student's law school; and

(2) upon successful completion of the Pro Bono Scholars Program the student will have satisfied:

(i) the instructional and academic calendar requirements of section 520.3(c) and (d) of this Part; and

(ii) the necessary requirements for graduation at the student's law school, and will be awarded a first degree in law.

(c) Program requirements. A student enrolled in the Pro Bono Scholars Program must complete:

(1) the New York State bar examination administered during the final semester of the student's law school study;
 
(2) at least 12 weeks of full-time pro bono work at a placement approved by the student's law school and the Chief Administrator or a designee, where such work will be supervised by an attorney admitted to practice in the jurisdiction where the work is performed and by a faculty member of the student's law school; and

(3) a concomitant academic component at an approved law school in the United States, and any other academic requirements set by the student's law school.

(d) Law school credit. A student who completes the Pro Bono Scholars Program must receive at least 12 academic credits for participation in the program.

(e) Pro bono service defined. For purposes of this section, pro bono service is full-time supervised law-related work that assists in the provision of legal services for:

(1) persons who are financially unable to pay for legal representation;

(2) not-for-profit legal service providers that predominantly address the legal needs of indigent clients where the work performed is for such clients; or

(3) governmental entities, so long as the work performed is on behalf of identifiable individuals who are financially unable to afford representation or whose unmet legal needs prevent their access to justice.

(f) Bar examination and accelerated admission to the bar. A student who participates in the Pro Bono Scholars Program must complete the New York State bar examination during the student's final semester of law study, provided the student's law school submits certification to the New York State Board of Law Examiners that the student, upon successful completion of the Pro Bono Scholars Program, will meet the requirements of section 520.3(c) and (d) of this Part and will be awarded a first degree in law. The State Board of Law Examiners shall not certify the student for admission to the bar pursuant to section 520.7(a) of this Part until the student has presented proof that the student has successfully completed the Pro Bono Scholars Program and has been awarded a first degree in law.

(g) Noncompliance. A student enrolled in the Pro Bono Scholars Program must complete all program requirements by the date established by the Chief Administrator or a designee and by the student's law school. The deadline for program compliance may be extended only in exceptional circumstances and upon a written request by the student's law school, submitted to the Chief Administrator or a designee, setting forth the specific reasons for the student's inability to timely complete the program. The determination whether to extend the deadline is within the discretion of the Chief Administrator or a designee. Absent a showing of exceptional circumstances, the failure to complete the program requirements by the deadline will result in the student's bar examination results being voided.

(h) Delegation of authority. The administrative power for the implementation and oversight of the Pro Bono Scholars Program, including, without limitation, the power to set forth requirements for the program's operation not inconsistent with any provision of this section, is vested in the Chief Judge or the Chief Administrator.


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Rules of the State Board of Law Examiners

6000.1 Board office.

(a) Correspondence Address. All correspondence or other written communications to the Board or the administrative officers of the Board shall be addressed to the Board's office at New York State Board of Law Examiners, Building 3, Corporate Plaza, 254 Washington Avenue Extension, Albany, NY, 12203-5195.

(b) Website. The Board maintains a website at www.nybarexam.org.

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 6000.2 Applications and Proof Required of Applicants for Examination.

(a) First-time Application. Each first-time applicant shall file an application on a form provided by the Board and shall pay the fee prescribed by Section 465 of the Judiciary Law during the application filing period. For purposes of this Section, an application is considered filed when it is filed electronically on-line at the Board’s website or otherwise received in the Board’s office together with the prescribed fee during the following application filing period: 

EXAMINATION EARLIEST FILING DATE FILING DEADLINE
February November 1 November 30
July April 1 April 30


(b) Proof of eligibility. Each first-time applicant shall cause to be filed proof of eligibility to sit for the bar examination by demonstrating compliance with the requirements of Section 520.3, 520.4, 520.5, or 520.6 of the Rules of the Court of Appeals. Such proof shall be in the form prescribed by the Board. For purposes of this Subsection, proof of eligibility is considered filed when it is received in the Board’s office by the following deadline: 

 
EXAMINATION DEADLINE FOR PROOF OF ELIGIBILITY
February February 1
July June 15
 
(c) Handwriting specimen. Each first-time applicant shall file or cause to be filed a handwriting specimen on a form provided by the Board, in the usual handwriting of the applicant and bearing the applicant's signature at the end thereof, containing a certification by an authorized official of the law school from which the applicant has or will be graduated, by an attorney with whom the applicant has studied or by a notary public, depending upon whether the applicant qualified to sit for the bar examination under Section 520.3, 520.4, 520.5, or 520.6 of the Rules of the Court of Appeals. For purposes of this Subsection, a handwriting specimen is considered filed when it is received in the Board’s office by the following deadline:

EXAMINATION DEADLINE FOR HANDWRITING SPECIMEN
February February 1
July June 15

(d) Re-Examination. An applicant who failed the immediately preceding administration of the examination shall file in the manner set forth in Subsection (a), above, an application for re-examination on a form provided by the Board and shall pay the fee prescribed by Section 465 of the Judiciary Law by the later of (i) the application filing deadline set forth in Subsection (a), above, or (ii) the 14th day following the date of the Board's release of the examination results. All other applicants for re-examination shall file the application for re-examination and pay the required fee in the manner and during the application filing period set forth in Subsection (a), above.

(e) Residence and Employment Addresses. The application shall specify the address in or outside the State where the applicant resides and, if the applicant resides outside the State, the place in the State, if any, where the applicant is employed full time.

(f) Additional proofs. The Board in its discretion may order additional proofs to be filed, and may require an applicant to appear in person before it, or a member thereof or the Executive Director, Deputy Executive Director or counsel, and be examined concerning the applicant's qualification to sit for the examination.

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6000.3 Schedule of Fees.

(a) Examination Fee. The fee for examination or re-examination is the amount prescribed by Section 465 of the Judiciary Law.

(b) Admission on Motion Fee. The fee for a certificate of educational compliance required of applicants for admission to the Bar on motion is the amount prescribed by Section 465 of the Judiciary Law and shall be paid at the time application for such certificate is made.

(c) Fee to Transfer a Multistate Bar Examination (MBE) Score from New York to another Jurisdiction. The fee to transfer an MBE score earned in New York to another jurisdiction is $50, and shall be paid when the form provided for that purpose is filed in accordance with Subsection 6000.6(g)(2) of this Part.

(d) Duplicate Certification Notice. The fee for a request for a duplicate of the Board's letter notifying the applicant of successful completion of the bar examination and of certification to the Supreme Court, Appellate Division is $10. Such request shall be in the form of a letter containing the applicant's name, BOLE ID or Social Security Number, date of birth, examination passed (month and year), and address to which the duplicate is to be sent.

(e) Materials Available to Failed Applicants. The fee for a failed applicant to obtain by mail, pursuant to Subsection 6000.8(b) of this Part, copies of the applicant’s own essay answers is $40. The fee for a total packet containing the failed applicant’s essay answers, the essay questions, and selected applicants’ answers is $70.

(f) Fee to Transfer a Multistate Professional Responsibility Examination (MPRE) Score. The fee for a request to transfer an MPRE score to another jurisdiction is $50, and shall be paid when the form provided for that purpose is filed in accordance with Subsection 6000.6(h)(2) of this Part.

(g) Form of payment. The fee for examination or re-examination shall be made on-line by credit card, or if filing by mail, by certified check, cashier's check, or money order, payable to "State Board of Law Examiners." All other fees shall be made by certified check, cashier's check, or money order, payable to "State Board of Law Examiners."

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6000.4 Test Accommodations for Applicants with Disabilities.

(a) Purpose. The bar examination is intended to test qualified applicants for knowledge and skills relevant to the practice of law. In accordance with the Americans with Disabilities Act of 1990 as amended (42 U.S.C.S. § 12101 et seq.) (ADA) and applicable regulations and case law, it is the policy of the New York State Board of Law Examiners to provide accommodations in testing conditions to applicants with disabilities who are qualified candidates for the bar examination, to the extent such accommodations are timely requested, reasonable, not unduly burdensome, consistent with the nature and purpose of the examination and necessitated by the applicant's disability.

(b) Definitions. For purposes of this Section:
    (1) The term “disability” shall mean a disability as that term is defined under the ADA, applicable regulations and case law.
    (2) The term “qualified professional” shall mean a licensed physician, psychologist, psychiatrist or other health care provider who has comprehensive training in the field related to the applicant's disability and who conducted an individualized assessment of the applicant.

(c) Application Process.
    (1) Application Materials. The Board shall make available to candidates requesting test accommodations documents necessary for submitting an application including: (a) the Application for Test Accommodation and the Re-applicant Application for Test Accommodations; (b) Instructions for Completing Application for Test Accommodations; and (c) Guidelines for Documentation of Physical and Psychiatric Disorders, Guidelines for Documentation of Learning Disabilities and Other Cognitive Disorders, and Guidelines for Documentation of Attention Deficit/Hyperactivity Disorder. Application materials are available on-line at the Board’s website or by contacting the Board’s office.
    (2) Filing Deadline. Original signed and notarized applications and re-applications for test accommodations, together with all required supporting documentation, shall be received in the Board’s office no later than the applicable deadline as set forth in Subsections 6000.2(a) and (d) of this Part.
    (3) Requirements. To be eligible to receive test accommodations, the applicant or re-applicant shall submit the appropriate application form and all required supporting documentation.
    (4) Incomplete and Untimely Applications. Applications which are incomplete or not timely filed shall be rejected and returned to the applicant.
    (5) Medical Documentation. All applications must be supported by recent, comprehensive medical documentation. Medical documentation must be from a qualified professional who has conducted an individualized assessment and should comply with the appropriate Board guidelines: Guidelines for Documentation of Physical and Psychiatric Disorders, Guidelines for Documentation of Learning Disabilities and Other Cognitive Disorders, and/or Guidelines for Documentation of Attention Deficit/Hyperactivity Disorder.
    (6) Independent Evaluations. The Board reserves the right to have an application, together with all supporting documentation, evaluated by an expert retained by the Board. The Board may, in its discretion, require the applicant to provide additional information and documentation and may also require the applicant to submit to examination by an expert retained by the Board.

(d) Determinations.
    (1) Complete and Timely Applications. The Board shall act upon all applications which are complete, timely and submitted in full compliance with the foregoing provisions of this Section, and shall notify the applicant of its determination no later than twenty (20) days prior to the date of the examination for which such accommodations are requested. If the application is denied in whole or in part, the Board's notification shall state the reason(s) for such denial.
    (2) Early Determinations. An applicant may request a determination of eligibility for test accommodations prior to the application filing period by filing a complete application including all required supporting documentation no more than six months prior to the examination for which the applicant seeks accommodations. The Board will act upon such requests as soon as practicable.

(e) Appeals. Any applicant whose application is denied in whole or in part may appeal the determination by filing a verified petition responding to the Board’s stated reason(s) for denial. The petition must attest to the truth and accuracy of the statements made therein, be made under penalty of perjury and be notarized. The petition may be supported by a report from the applicant’s examiner clarifying facts and identifying documentation, if any, which the Board allegedly overlooked or misapprehended. The appeal may not present any new diagnosis or disability that was not discussed in the applicant's application, nor may any additional documentation that was not originally provided with the application be offered on the appeal. Original signed and notarized appeals must be received at the Board's office no later than 14 days from the date of the Board’s determination. The Board shall decide such appeal and shall notify the applicant of its decision prior to the date of the examination for which the accommodations were requested.

(f) Delegation. The Board may, in its discretion, delegate to any of its members, or to its Executive Director, Deputy Executive Director or counsel, all or any part of its duties and responsibilities under the foregoing provisions of this Subsection, other than its responsibilities under Subsection (e), above, in connection with appeals.

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6000.5 Assignment and Certification of Applicants.

(a) Each applicant admitted to the examination shall be assigned to a test center in one of the four judicial departments located in the State. Assignment shall be based on the applicant’s residence address contained in the applicant’s application subject to space limitations.

(b) Every applicant who passes the examination will be certified to the appellate division for the judicial department in which the applicant resides, or, if not a resident of the State, in which the applicant is employed full-time. If the applicant neither resides nor is employed full-time in the State, the applicant will be certified to the appellate division for the third department. Changes in addresses must be reported to the Board. The address used for certification shall be the address on file in the Board’s office as of April 15 following a February examination and as of October 15 following a July examination.

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6000.6 Examination.

(a) Examination Dates. The Board shall hold examinations twice each year, on two consecutive days, being the last Tuesday and Wednesday of February and July.

(b) Passing Score. The score required to pass the bar examination is 665.

(c) New York Section. The first day of each examination (the New York section) will consist of 50 multiple choice questions and five essay questions in substantive and procedural law, and one Multistate Performance Test (MPT) developed by the National Conference of Bar Examiners (NCBE). The multiple choice and essay questions presented on the New York section will test the subjects detailed in the Content Outline maintained on the Board’s website.

(d) Multistate Bar Examination (MBE). The Multistate Bar Examination (MBE) will be administered on the second day of the examination. Information regarding the MBE is available on the website of the National Conference of Bar Examiners at www.ncbex.org.

(e) Attendance.

    (1) Applicant Must Attend all Sections of the Examination to be Graded. In order for the examination to be graded the applicant must attend both sessions of the New York section of the bar examination at the designated location in New York State and both sessions of the MBE section, either in New York State or concurrently in another jurisdiction. Any applicant who does not attend all four sessions of the examination will be deemed to have withdrawn from the examination and will not receive examination results.

    (2) Early Departure. Except in extraordinary circumstances, applicants must remain in the examination room for the first 30 minutes of the examination.

(f) Tardiness or Absence. No applicant will be admitted to the examination more than 30 minutes after the examination session begins. An applicant who fails to appear for one session of the examination shall not be admitted to a later session. Any applicant who is not present for both sessions of the New York section of the examination will not be permitted to take the MBE in New York on the following day.

(g) Transfer of MBE Scores.

    (1) Transfer of Concurrent MBE Score from Another Jurisdiction to New York. An applicant taking the New York bar examination and a concurrent bar examination in another jurisdiction shall have the option to take the Multistate Bar Examination (MBE) in the other jurisdiction on the same day that such examination is given in New York, and the MBE scale score attained in such other jurisdiction will be combined with the applicant's scores on the New York section of the examination in the same manner as if the applicant had taken the MBE in New York. An applicant who elects to use an MBE score from another jurisdiction as permitted above shall notify the Board of such election at the time that the application to sit for the New York State bar examination is filed, and shall make the arrangements to have such score timely transferred to New York. To transfer a concurrent MBE score to New York from another jurisdiction the applicant must complete the MBE score transfer form available on the website of the National Conference of Bar Examiners (NCBE) and pay the prescribed NCBE score transfer fee, or, if the other jurisdiction transfers its own MBE scores, follow the procedures outlined by the other jurisdiction. The transferred MBE score must be received in the Board’s office no later than April 1 following a February examination, and no later than October 1 following a July examination. It shall be the applicant’s responsibility to ensure that the Board receives the report of the transferred MBE score in a timely manner. Failure to timely transfer an MBE score to the Board shall result in the nullification of an applicant’s bar examination scores.

    (2) Transfer of MBE Score Earned in New York to Other Jurisdictions. An applicant taking the bar examination in New York may request the certification of an MBE score earned in New York to another jurisdiction. An applicant requesting certification of an MBE score earned in New York to another jurisdiction must direct such request to the Board’s office on a form provided by the Board and pay the fee prescribed in Section 6000.3(c) of this Part.

(h) Multistate Professional Responsibility Examination.

   (1)  All applicants who have passed the bar examination and are seeking admission to the practice of law in New York State must take and pass the Multistate Professional Responsibility Examination (MPRE) administered by the National Conference of Bar Examiners (NCBE) prior to being certified by the Board to the Appellate Division. The passing score in New York for the MPRE is 85. Applicants must designate New York as the jurisdiction to which the score should be reported or have an official score report sent to the Board by the NCBE. (see www.ncbex.org). Applicants must take and pass the MPRE within three years either before or after passing the New York bar examination, measured from the date the applicant sat for each examination.

   (2) An applicant seeking admission to the practice of law in another jurisdiction may request that New York transfer a Multistate Professional Responsibility Examination (MPRE) score from its archives to the other jurisdiction. To be eligible for transfer, the MPRE score must be no longer available through the National Conference of Bar Examiners (NCBE) score report service, and the MPRE score must have been officially reported to New York by the NCBE. An applicant requesting transfer of an MPRE score to another jurisdiction must direct such request to the Board’s office on a form provided by the Board and pay the fee prescribed in Section 6000.3(f) of this Part.


(i) Withdrawal from the Examination/Failure to Appear.

    (1) Any applicant who will not appear for an examination shall notify the Board of the withdrawal prior to the examination either in writing or by using the withdrawal link provided by the Board on its website.

    (2) Any applicant or re-applicant who has withdrawn from or failed to appear for any two examinations must apply to the Board for permission to re-apply before applying for a subsequent examination.

    (3) Any application made pursuant to this subsection must be made by November 15 for a February examination and by April 15 for a July examination. Applications received after the application deadline will be considered for the next administration of the examination. Applications must be in the form of an affidavit which shall set forth the applicant's name, age, residence address, email address, phone number, the facts which caused each prior instance of withdrawal or failure to appear, the facts which support the request to re-apply, and a prayer for relief. Where available, supporting documentation, such as medical documentation, police reports, death notices, letters from employers, etc., must be included. Relief under this subsection shall be granted in the sole discretion of the Board.

    (4) The Board may, in its discretion, delegate to any of its members, or to its Executive Director, Deputy Executive Director or counsel, all or any part of its duties and responsibilities under this section.

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6000.7 Automatic Regrading of Certain Examination Answers.

The essay answers for each applicant who receives a total weighted scale score of 655 to 664 following the initial grading of his or her bar examination shall be regraded by graders other than the initial graders. The applicant's scores shall then be recomputed to arrive at a final total weighted scale score.

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6000.8 Publication of Essay Questions and Selected Applicants' Answers.

(a) No later than 60 days after the release of the results of each bar examination, the Board shall post on its website copies of the essay questions that appeared on such examination and copies of selected applicants' answers to those essay questions. The answers shall be ones which received scores superior to the average scale score awarded for the relevant essay. Such answers, which shall be selected by the Board, shall be released in a format designed to protect the anonymity of the authors.

(b) Each applicant who has received a final examination score below the required passing score may obtain one set of copies of his or her own answers to the essay questions, the essay questions and/or the selected applicants' answers referred to in Subsection (a), above, by written request accompanied by payment as prescribed in Subsection 6000.3(e) of this Part. Such request shall be made no later than 60 days after the Board's failure notice to the applicant.

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6000.9 Fraud, Dishonesty and Other Misconduct.

(a) If it shall appear to the Board that there is credible evidence which would establish that an applicant has:
    (1) either by omission or commission falsified the application or proofs required for admission to the bar examination or misrepresented the applicant’s eligibility to sit for the bar examination;
    (2) either by omission or commission falsified the proofs required for admission to practice without examination or misrepresented the applicant’s eligibility to be admitted to practice without examination;
    (3) either by omission or commission falsified documentation submitted in support of a request for test accommodations under Section 6000.4 of this Part or secured such documentation under false pretenses;
    (4) brought any item or material prohibited by the Board’s security policy through the security checkpoint, or possessed any such item or material at any time after passing through the security checkpoint;
    (5) reviewed and/or used any item or material prohibited by the Board’s security policy at any time after passing through the security checkpoint, or secreted any such item or material with the intent to review and/or use it;
    (6) broken the seal on the question book, opened the question booklet, or reviewed the questions in the question book prior to the announcement that the examination session has begun;
    (7) written or designated any answers to questions or other unauthorized information on any examination materials, answer sheet or booklet prior to the announcement that the examination session has begun;
    (8) written or designated any answers to questions or other information on any examination materials, answer sheet or booklet after the announcement of the conclusion of the examination session;
    (9) sought, obtained or used answers or information from or given answers or information to another applicant or any other person during the bar examination;
    (10) removed or attempted to remove any examination materials or notes made during the examination from the examination room;
    (11) otherwise violated any of the oral or written instructions given in connection with the administration of the bar examination;
    (12) otherwise violated the Board’s examination security policy;
    (13) memorized questions for the purpose of reporting and/or reported the substance of questions to any person or entity engaged in, or affiliated with any person or entity engaged in, the preparation of applicants to take the bar examination or otherwise violated the copyright protection afforded to bar examination materials;
    (14) engaged in fraud, dishonesty or other misconduct in connection with an application to or the administration of the Multistate Professional Responsibility Examination (MPRE) or to a bar examination of any other jurisdiction;
    (15) sat for the bar examination without having a bona fide intention to seek admission to practice law in the State of New York;
    (16) compromised or disrupted the process for admission to or administration of the bar examination;
    (17) violated the Board’s civility policy; or
    (18) failed to cooperate in a misconduct investigation made pursuant to this Section, or made a false statement in connection with a misconduct investigation;
the applicant may be charged with having engaged in fraud, dishonesty or other misconduct. The applicant shall be served with written notice of such charges by regular mail and email at the last address provided to the Board by the applicant. The charges shall state with particularity the facts upon which they are based. The applicant’s examination results shall be withheld pending the decision on the charges by the Board.
(b) The applicant, no later than 30 days after the service of charges, shall cause to be delivered to the office of the Board a verified answer to such charges. Such answer shall identify with specificity the charges disputed by the applicant, who shall set forth any evidence which can be adduced by the applicant in contradiction of such charges. The applicant must indicate in such written answer whether a hearing before the Board is requested. Upon receipt of a verified answer the Board shall, upon request, disclose to the applicant the evidence in its possession which forms the basis of the charge.
(c) In the event such applicant does not submit a written and verified answer as provided in Subsection (b), above, the Board shall deem the facts set forth in the written charges to be true.
(d) In the event such applicant does not request a hearing as provided in Subsection (b), above, the Board may make a decision based on the evidence submitted, or may, on its own motion, determine to conduct a hearing.
(e) If the applicant shall request a hearing, or if the Board, on its own motion, determines to conduct a hearing, the Board shall set a date for a hearing. Reasonable notice of the hearing shall be provided to the applicant. The hearing shall be conducted by the Board or by one or more members of the Board who shall make a recommendation to the full Board which shall render a decision. The Board is not bound by the rules of evidence.
(f) If the applicant shall be found guilty by reason of:
    (1) applicant’s admission that such charges are true, in whole or in part; or
    (2) applicant’s default in answering the written charges, in whole or in part; or
    (3) decision of the Board, after a hearing, or where no hearing was conducted, after the Board’s review of the evidence submitted,
the Board shall issue a written determination of its decision in which one or more of the following penalties, and any other penalty which the Board may deem appropriate, may be imposed:
(i) forfeiture of all fees paid by such applicant;
(ii) nullification of the examination taken or the application made by such applicant;
(iii) disqualification of the applicant from applying for the New York State Bar Examination or for admission on motion for a period not to exceed six years from the date of such determination;
(iv) invalidation or striking of one or more answers of the examination taken by such applicant, or the reduction of applicant’s final score by one or more points;
(v) transmission of a written report of the matter to the Committee on Character and Fitness in New York State having jurisdiction of the applicant;
(vi) transmission of a written report of the matter to the bar admission authority and/or disciplinary authority in any jurisdiction of the United States and, where applicable, to any foreign jurisdiction deemed appropriate by the Board;
(vii) postponement of certification to the Committee on Character and Fitness in New York State having jurisdiction of the applicant;
(viii) denial of the applicant’s request to transfer an MBE score, earned in New York, to another jurisdiction.
(g) If the applicant shall be found not guilty, or if the Board determines that the charges should be dismissed, the applicant shall be notified in writing of the Board’s decision and the Board shall release the applicant’s examination results.
(h) The Board shall serve its determination on such applicant by regular mail and email at the last address provided to the Board by the applicant as soon as practicable. Any determination is final and not subject to further review by the Board.
(i) The applicant shall be entitled to be represented and advised by counsel, at his or her own expense, at every stage of the proceeding. Any person who appears at a hearing held pursuant to Subsection (e), above, shall be entitled to be represented and advised by counsel, at his or her own expense.

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6000.10 Application for Waiver of Rules.

(a) Except as otherwise provided in this Section, the Board, upon application and for good cause shown, may in its discretion vary the application of or waive any provision of these Rules where strict compliance will cause unwarranted hardship to the applicant. Such application shall be in the form of a verified petition which shall set forth the applicant's name, age and residence address, the facts relied upon, and a prayer for relief.

(b) The following Rules may not be waived: (1) the application and re-application for test accommodations filing deadlines contained in Section 6000.4; and (2) the withdrawal and failure to appear provisions in Section 6000.6.

(c) The Board may, in its discretion, delegate to any of its members, or to its Executive Director, Deputy Executive Director or counsel, all or any part of its duties and responsibilities under this Section.

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