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Rule 35. Examination Requirements

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2021

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
V. Regulation of the Practice of Law
C. Admission to Practice of Law (Refs & Annos)
Effective: January 1, 2021
A.R.S. Sup.Ct.Rules, Rule 35
Rule 35. Examination Requirements
(a) Examination Dates and Places. The Arizona uniform bar examinations will be administered two times each year, once in February and once in July, and at such locations as the Committee on Examinations, in its discretion, deems appropriate. An applicants who has been granted permission to take the examination will be advised of the date and place at least two weeks before the examination.
(b) Examination Subjects; Grading.
1. The examination shall be the uniform bar examination prepared by the National Conference of Bar Examiners, which consists of six Multistate Essay Examination questions, two Multistate Performance Test tasks, and the Multistate Bar Examination. The Multistate Essay examination shall be weighted 30%, the Multistate Performance Test shall be weighted 20%, and the Multistate Bar Examination shall be weighted 50% in calculating uniform bar examination scores. Applicants may be tested on any subject matter listed by the National Conference of Bar Examiners as areas of law to be tested on the uniform bar examination. Questions will be not be labeled and may include more than one subject matter.
2. Unless otherwise directed by the Court, the Committee on Examinations may use such grading or scoring system for the Multistate Essay Examination and Multistate Performance Test as the Committee on Examinations, in its discretion, deems appropriate. Answers to the Multistate Essay Examination shall be graded according to generally applicable principles of law. Raw scores on the Multistate Essay Examination and the Multistate Performance Test shall be scaled to the Multistate Bar Examination scores according to the method approved by the National Conference of Bar Examiners for jurisdictions that administer the uniform bar examination.
3. An applicant who takes the uniform bar examination in Arizona or seeks to transfer a uniform bar examination score from another uniform bar examination jurisdiction will be deemed to have satisfied the requirements of the Arizona uniform bar examination if the applicant achieves a scaled score equal to or greater than the minimum acceptable score established by the Court for the test administration, under conditions consistent with the practices and procedures of the Committee on Examinations and the National Conference of Bar Examiners. The passing score for each test administration shall be posted on the Supreme Court Website. Results of the bar examination will be published in accordance with Rule 37(c) and mailed or e-mailed at such dates and times as the Committee deems appropriate. Arizona bar examination attempts prior to adoption of the uniform bar examination, successful or unsuccessful, shall be considered equivalent to the Arizona uniform bar examination for purposes of these rules.
4. Examination grades of an applicant will not be disclosed to the public. The Committee is authorized to
A. release statistical results of the examination;
B. disclose to the law school from which the applicant graduated the applicant's status as pass/fail/withdrew;
C. certify, upon an applicant's request, an applicant's Multistate Bar Examination score to other jurisdictions in which the applicant seeks admission; and
D. disclose an applicant's scores on the uniform bar examination to the National Conference of Bar Examiners.
5. Testing accommodations will be provided for an Arizona uniform bar examination applicant demonstrating a disability to the extent such accommodations are reasonable, consistent with the nature and purpose of the examination, and necessitated by the applicant's disability. An applicant seeking an accommodation shall file a request for testing accommodation in such form as prescribed by the Committee. A fully completed request for accommodation, including supporting documentation, shall be submitted with the application for the examination in accordance with filing deadlines as set by the Court. Accommodation determinations shall be made by the Committee or, upon approval of the Committee chair, by three-person panels appointed from Committee membership by the Attorney Admissions manager or designee.
6. Before being recommended by the Committee on Character and Fitness for admission to the practice of law in Arizona, an applicant must pass a professional responsibility examination, which shall be the Multistate Professional Responsibility Examination prepared and administered by the National Conference of Bar Examiners. An applicant seeking to take the Multistate Professional Responsibility Examination shall file an application directly with, and pay the fees specified by, the National Conference of Bar Examiners.
7. The Court shall establish the minimum acceptable score for the Multistate Professional Responsibility Examination.
8. An applicant by Arizona uniform bar examination must submit proof satisfactory to the Committee on Examinations that the applicant has taken the Multistate Professional Responsibility Examination and received a minimum acceptable score within eight (8) years of the successful Arizona bar examination or within the time frame for taking the oath of admission after the successful bar examination in order to have the applicant's score accepted by the Committee on Examinations.
9. All applicants who receive a passing grade on the examinations and who are found to be otherwise qualified under these rules shall be recommended for admission to the practice of law.
10. The Committee on Examinations may take action, by majority vote, to enforce the Committee's own conditions, practices, and procedures, as well as those of the National Conference of Bar Examiners, including expulsion from the examination, temporary withholding of a score, or nullification of a score. The Committee on Examinations may vote to expel an applicant from the examination and/or temporarily withhold a score. The Committee on Examinations may vote to nullify a score after the applicant is provided an opportunity for a hearing. The Committee chair, by order, shall establish the procedures associated with such a hearing.
(c) Subsequent Examinations; Role of Committee on Character and Fitness.
1. An applicant failing to pass the uniform bar examination in any jurisdiction may apply to sit for subsequent uniform bar examinations in Arizona if the applicant meets all requirements listed in Rule 34(b). An applicant who has taken the uniform bar examination six times must receive permission from the Committee on Examinations before sitting for subsequent examinations in Arizona as provided in Rule 35(c)(3). The application, in the form specified by Rule 34(c), shall be accompanied by the application and examination fees established by the Court, all supporting documents specified in Rule 34(d) or as the Committee on Character and Fitness may request and, if required by the Committee, such additional investigation fee as the Committee may determine is reasonably required to properly investigate the qualifications of such applicant.
2. An applicant who files an application to sit for the Arizona uniform bar examination and who withdraws such application or fails to appear for or complete such examination and who desires to sit for a subsequent examination, shall make the same filings as if such applicant had written and failed the examination. Any applicant who fails the Arizona uniform bar examination, withdraws from the examination, fails to complete the examination, or does not appear for and write the examination, and who does not apply for and write the next succeeding examination, shall, if applying for any subsequent examination, file a new application with fees required for an original filing as if such applicant had never presented an application to the Committee on Character and Fitness.
3. An applicant taking the uniform bar examination six times in any jurisdiction and failing to earn the minimum acceptable score established by the Court will not be permitted to take a further examination, unless all requirements listed in Rule 34(b) are met, and the Committee on Examinations grants permission for the applicant to write another examination in Arizona. The applicant shall submit a written request to the Committee on Examinations stating the additional study and preparation that the applicant has made to qualify for further examination or other good cause or change in circumstances that would affect the applicant's performance on the examination. If the Committee finds reasonable cause to believe the applicant may successfully pass a further examination, it shall grant permission to sit for the additional Arizona uniform bar examination. Arizona bar examination attempts prior to adoption of the uniform bar exam, successful or unsuccessful, shall be considered equivalent to the Arizona uniform bar examination for purposes of these rules.
(d) Review by the Court.
1. Petition for Review. An applicant aggrieved by any decision of the Committee on Examinations may, within twenty (20) days after such decision, file a verified petition for review with this Court; however, the Committee on Examination's decision regarding any applicant's grade score is final and will not be reviewed by the Court absent extraordinary circumstances. The petition must succinctly state the facts that form the basis for the petition and the applicant's reasons for believing this Court should review the Committee's decision. A copy of the petition must be promptly served upon the Committee. The Committee will have thirty (30) days after service to file a response and transmit the applicant's file to this Court. Thereupon the Court will consider the matter and render a decision.
2. Sealing the Record. Any document filed under Rule 35(d) will be considered open to the public except that, upon request by any party or the Committee, the clerk of Court will seal medical or psychological reports and records. A party or the Committee may request that the Court seal a portion of any other materials submitted.

Credits

Amended Feb. 19, 1985, effective Feb. 1, 1985. Amended and effective March 17, 1987. Amended Jan. 8, 1990, effective Jan. 15, 1990; Jan. 14, 1991, prospectively applicable and in effect beginning with February, 1991 bar examination session. Amended and effective Jan. 25, 1991. Amended July 21, 1991, effective July 1, 1993; (temporary basis) Jan. 21, 1993, emergency effective Feb. 1, 1993, adopted in final form June 24, 1993. Amended and effective April 14, 1999; April 21, 1999. Amended Oct. 15, 2001, effective Dec. 1, 2001; July 21, 2004, effective Aug. 1, 2004; June 9, 2005, effective Dec. 1, 2005; Sept. 2, 2010, effective Jan. 1, 2011; Sept. 1, 2011, effective Jan. 1, 2012; Dec. 22, 2011, effective Jan. 1, 2012; Aug. 30, 2012, effective Jan. 1, 2013; Oct. 14, 2014, effective Jan. 1, 2015; Sept. 2, 2016, effective Jan. 1, 2017; Aug. 27, 2020, effective Jan. 1, 2021.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 35, AZ ST S CT Rule 35
State Court Rules are current with amendments received and effective through 8/1/22. The Code of Judicial Administration is current with amendments received through 8/1/22.
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