CHAPTER 269
SCR 14-10
SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENTS
OF THE APPENDIX TO SDCL CH. 16-16
RELATING TO THE BOARD OF BAR
EXAMINER REGULATIONS RULE 14-10
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A hearing was held on February 19, 2014, at Pierre, South Dakota, relating to the
amendment of Board of Bar Examiner Regulations, and the Court having considered the
proposed adoption and being fully advised in the premises, now, therefore, it is
ORDERED that Board of Bar Examiner Regulations be and they are hereby adopted to
read in their entirety as follows:
REGULATIONS OF THE BOARD OF BAR EXAMINERS
STATE OF SOUTH DAKOTA
1. Application for Admission to Practice Law.
1.1. Application for Admission Without Examination.
2. Application Forms and Payment of Fees.
3. Bar Examination Subjects.
4. Passing Score.
5. Acceptance of Multistate Bar Examination Results from Other States.
6. Transfer of Multistate Bar Examination Results to other States.
7.
Law Student Registration.
8. Places and Dates of Examinations.
9. 8. Appeal.
9.1. 8.1 Procedure.
1. Application for Admission to Practice Law
Each applicant for admission to practice law shall file with the secretary of the Board of Bar
Examiners a written application, together with five complete machine or photo copies thereof,
in the form prescribed by the Board of Bar Examiners. Such application and copies thereof shall
be postmarked by on or before November 1 for the February examination and on or before April
1 for the July examination and shall be accompanied by the fee prescribed in the applicable rules
of court and a recent photograph of the applicant, and DCI and FBI fingerprint cards.
Each applicant for admission shall also file a request for preparation of a character report
and application with the National Conference of Bar Examiners. Such request and application
shall be postmarked
by on or before November 1 for the February examination and
on or before
April 1 for the July examination and shall be accompanied by the fee prescribed by the National
Conference of Bar Examiners.
1.1. Application for Admission Without Examination
Each applicant for admission to practice law without examination shall file with the
secretary of the Board of Bar Examiners a written application, together with five complete
machine or photo copies thereof, in the form prescribed by the Board of Bar Examiners. Such
application and copies thereof shall be accompanied by the applicable fees, a recent photograph
of the applicant, and DCI and FBI fingerprint cards.
Each applicant for admission without examination shall also file a request for preparation
of a character report and application with the National Conference of Bar Examiners. Such
request and application shall be accompanied by the fee prescribed by the National Conference
of Bar Examiners.
2. Application Forms and Payment of Fees
All fees shall be paid by money order or certified check. The application form shall require
each applicant to waive confidentiality and privacy rights in order to allow the Board of Bar
Examiners to inquire into the applicant's moral character through examination of state, federal,
police, court and security records.
3. Bar Examination Subjects.
All applicants, except those applying pursuant to SDCL 16-16-7.6
and, SDCL 16-16-12.1
,
or SDCL 16-16-12.3 are required to take the bar examination which consists of the Multistate
Essay Examination (MEE), an essay question on Indian Law, the Multistate Performance Test
(MPT), the Multistate Bar Examination (MBE), and the Multistate Professional Responsibility
Examination (MPRE).
Subject matter outlines for the MEE, MPT, MBE, and MPRE are
available at the National Conference of Bar Examiners' website at http://www.ncbex.org/.
The MEE is a two and one-half hour examination consisting of five
30- minute essay
questions
which will test subject areas which are available at the National Conference of Bar
Examiners' website at http://www.ncbex.org/tests.htm. The MEE will test both general and
South Dakota principles of law.
Indian Law includes basic principles of federal Indian law, including but not limited to civil
and criminal jurisdiction, the Indian Civil Rights Act, the Indian Child Welfare Act, and the
Indian Gaming Regulatory Act. It does not include tribal laws or customary laws. Indian Law
is tested by one
30-minute essay question
after the MEE.
The MPT consists of two ninety-minute questions which test the fundamental skills of
problem solving, legal analysis and reasoning, factual analysis, communication, organization
and management of a legal task, and recognizing and resolving ethical dilemmas. Each question
shall contain all of the resource material necessary to complete the performance examination.
The MPT will test both general and South Dakota principles of law.
The MBE is an objective six-hour examination containing 200 multiple-choice test
questions covering the subjects:
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Constitutional Law
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Contracts
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Criminal Law and Procedure
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Evidence
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Real Property
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Torts
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Civil Procedure (effective February 2015 bar exam)
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The MPRE consists of 50 multiple-choice test questions and measures an applicant's
knowledge of the ethical standards of the legal profession.
4. Passing Score
The combined score of the MEE, and MPT is to be given equal weight as the MBE score
utilizing the standard deviation method to determine an applicant's final score on that portion
of the bar examination. A separate passing score is set for the MPRE.
The passing grade on the combined MPT, MEE, and MBE and on the MPRE shall be
determined by the Board of Bar Examiners, which determinations shall be made in advance of
the examination.
An applicant who fails to attain a passing score on the combined MPT, MEE, and MBE and
who applies for a subsequent bar examination shall be required to take the MPT, MEE and MBE
portions of the subsequent examinations.
The bar examination is comprised of three portions:
(A) The combined MPT, MEE, and Indian law portions;
(B) The MBE; and
(C) The MPRE.
An applicant must pass each portion of the examination. A general average of 75% or higher
on the combined MPT, MEE, and Indian law portion of the examination shall be deemed a
passing score on that portion of the examination. A scaled score of 135 or higher shall be
deemed a passing score on the MBE portion of the examination. A scaled score of 85 shall be
deemed a passing score on the MPRE portion of the examination. The Board of Bar Examiners
shall determine the passing score on each portion of the bar examination in advance of the
examination. Written notice of any deviation from the scores enumerated in this regulation will
be given to the dean of the University of South Dakota School of Law and all applicants for
admission to practice law by examination.
An applicant who has failed only one portion of the exam must only reapply to sit for the
failed portion; however, a passing score on one portion of the examination shall only be valid
for a period of two years to exempt the applicant from retaking that portion of the examination.
An applicant who fails either the MPT, MEE, and Indian law portion of the examination and/or
the MBE portion of the examination three times must receive Supreme Court permission
pursuant to SDCL 16-16-11 to take another examination.
5. Acceptance of Multistate Bar Examination Results from Other States
In its discretion, the Board of Bar Examiners may accept an applicant's previous scores on
the MBE
and the MPRE administered in a jurisdiction other than South Dakota if taken within
twenty-five months two years prior to the next scheduled examination, if the score on the MBE
is a scaled score of
130 135 or above
and the score on the MPRE is a scaled score of 75 or
above, and if the applicant passed the entire bar examination in the other jurisdiction.
The Board
of Bar Examiners may accept an applicant's MPRE score if taken within twenty-eight months
prior to the next scheduled examination and if the score is a scaled score of 85 or above.
6. Transfer of Multistate Bar Examination Results to other States
An applicant seeking to transfer an MBE score to another jurisdiction shall apply to the
National Conference of Bar Examiners for transfer and pay its fee for transfer.
7. Law Student Registration
First-year law students who intend to take the South Dakota bar examination following
graduation may register with the Board of Bar Examiners on forms prescribed by the Board. The
registration must be accompanied by the $50 South Dakota registration fee as well as the fee
required by the National Conference of Bar Examiners' law student registrant program for an
initial character report. Registration under the rule is not deemed an application for permission
to take the bar examination.
The Board of Bar Examiners shall review the registration and character report to identify
character and fitness issues that may preclude or hinder later admission. The Board will report
its findings to the law student. The Board's findings shall be deemed preliminary. They shall not
be deemed a commitment or permission to take the bar examination or a waiver of facts or
conduct later discovered or occurring after the Board's investigation.
8. Places and Dates of Examinations
Unless different times and places are fixed by the Board of Bar Examiners, the examinations
will be administered at the following times and places:
The MPT, MEE,
Indian Law Question and MBE are given on the last Tuesday and
Wednesday of February and the last Tuesday and Wednesday of July in Pierre, South Dakota.
The MPT
and, MEE
and Indian Law Question are given Tuesday; the MBE is given on
Wednesday.
The MPRE is given in March and November in Vermillion, South Dakota, and in, August
in Pierre, South Dakota and November.
Notice of the times and places shall be given each applicant at the time of granting
permission to take such examinations.
9. 8. Appeal
The secretary of the Board of Bar Examiners shall make an initial determination regarding
whether any act taken by an applicant pursuant to these rules satisfies the requirement of the
rules. In addition, whenever the rules provide for a waiver of any deadline or other exercise of
discretion by the Board including acceptance of results from other states the secretary of the
Board of Bar Examiners shall make an initial determination which shall, within twenty days,
become a final decision of the Board unless appealed as provided herein. Nothing in this rule
shall prohibit the Board from sua sponte altering or reversing any initial decision of the secretary
of the Board of Bar Examiners or from directing the secretary of the Board of Bar Examiners
to transfer any case, issue or question directly to the Board without entering an initial decision
without notice to the applicant; however, such action shall constitute final action by the Board
for the purpose of review by the Supreme Court pursuant to § 16-16-16. In addition, the
secretary of the Board of Bar Examiners or an applicant may submit an application or other
issue directly to the Board of Bar Examiners for determination whenever an application, or
acknowledgement by an applicant, discloses a facial violation of bar entry requirements. The
procedures provided in Rule
9.1 8.1 will apply except that the secretary of the Board of Bar
Examiners shall make a recommendation to the Board of Bar Examiners regarding the issue
submitted directly to the Board. Results of examinations administered by the Board are not
determined by the secretary and constitute final action by the Board.
9.1. 8.1 Procedure
Whenever an applicant is aggrieved by an initial decision of the secretary of the Board of
Bar Examiners the applicant shall request that the secretary reduce the determination to writing
if necessary and may, within twenty days of the date of mailing of secretary's initial decision,
appeal to the Board of Bar Examiners. Any applicant seeking review of the secretary's initial
decision shall transmit to the Board a copy of the initial decision sought to be reviewed together
with such argument, authorities and evidence in the form of sworn affidavits as the applicant
deems necessary. The submission may not exceed sixty pages in length and shall consist of an
original and nine copies of the submission. Upon receipt of a request for review the secretary
shall respond setting forth the reasons for taking the action under review. A copy of the
secretary's response shall be served upon the applicant and Board.
The Board of Bar Examiners in its sole discretion may seek additional evidence or
explanation, including testimony under oath, from the applicant or the secretary. In addition, the
Board may request oral argument from the applicant. When the Board of Bar Examiners has
satisfied itself that it is fully informed in the premises, it may adopt, modify and adopt as
modified, or reverse the secretary's initial decision. In the event the Board reverses the
secretary's initial decision it shall render a final decision which shall be communicated to the
applicant in writing. The foregoing shall constitute final action by the Board of Bar Examiners
for the purposes of review by the Supreme Court pursuant to SDCL 16-16-16.
NOTE: Applications for admission to practice law may be obtained from the Secretary,
State Board of Bar Examiners, 500 East Capitol Avenue, State Capitol, Pierre, South Dakota
57501.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2014.
DATED at Pierre, South Dakota, this 18th day of March, 2014.