IN THE MATTER OF THE AMENDMENT
OF SDCL APPENDIX TO CHAPTER 16-16 RULE 06-71
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    A hearing was held on October 3, 2006, at Sioux Falls, South Dakota, relating to the amendment of SDCL Appendix to chapter 16-16, and the Court having considered the proposed amendment, the correspondence and oral presentations relating thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL Appendix to chapter 16-16 be and it is hereby amended to read as follows:

3. Bar Examination Subjects

     All applicants, except those applying pursuant to SDCL 16-16-7.6 and SDCL 16-16-12.1 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).

     The MEE is a three-hour two and one-half hour examination consisting of six five 30-minute essay questions which will test six subject areas:

     Business Organizations Conflicts of Law
     Commercial Transactions Family Law
     Civil Procedure Wills, Trusts & Future Interests

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.

     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:

     Constitutional Law Contracts
     Criminal Law and Procedure Evidence
     Real Property Torts

     The MPRE consists of 50 multiple-choice test questions and measures an applicant's knowledge of the ethical standards of the legal profession.

    On or before January 1, 2009, the Board of Bar Examiners shall file with this Court a report on how this rule may be modified, if in its opinion, it needs modification.

    IT IS FURTHER ORDERED that this rule shall become effective January 1, 2007.

    DATED at Pierre, South Dakota, this 18th day of October, 2006.

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