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SCR 2.080 Bar examinations

Baldwin's Kentucky Revised Statutes AnnotatedRules of the Supreme CourtEffective: March 1, 2020

Baldwin's Kentucky Revised Statutes Annotated
Rules of the Supreme Court
II Admission of Persons to Practice Law (Refs & Annos)
Effective: March 1, 2020
Rules of the Supreme Court (SCR), Rule 2.080
SCR 2.080 Bar examinations
(1) The Board of Bar Examiners shall examine such applicants as are certified to it as provided in Rule 2.040. The examination shall cover a period of two days and may cover the following subjects:
(a) Contracts, including sales and secured transactions
(b) Constitutional Law
(c) Business Entities (corporations, partnerships and/or others)
(d) Criminal Law and Procedure
(e) Civil Procedure
(f) Family Law
(g) Property (real and/or personal)
(h) Torts
(i) Estates (wills and/or trusts)
(j) Evidence
(k) Such other subjects as the Board may select from among questions proposed by the National Conference of Bar Examiners.
Prior to or at the time of the examination, each applicant shall certify that he or she has successfully completed a course of study in law school in the subject of ethics, and that if admitted to practice, the applicant will adhere to the Code of Ethics prescribed by the Supreme Court. The Character and Fitness Committee of the Kentucky Office of Bar Admissions may, in exceptional cases, waive the requirement that an applicant have successfully completed a course of study in law school in the subject of ethics.
(2) The Board may cover the subject matter in any manner that it sees fit, including or not including essay examinations prepared by the Board, and any of the following examinations prepared by the National Conference of Bar Examiners: Multi-state Essay Examinations (MEE) and the Multi-state Bar Examination (MBE). Beginning with the administration of the July 2019 Bar Examination, the Board may also include item(s) from the Multi-state Performance Test (MPT), prepared by the National Conference of Bar Examiners.
(3) The Board of Bar Examiners shall, thirty (30) days before each examination, report to the Supreme Court the method by which the examination shall be administered.
<Note: Section (4) effective until January 1, 2021. See also Section (4) effective on January 1, 2021.>
(4) An applicant must pass both the essay and Multistate (MBE) portions of the examination. A general average of 75% or higher on the essay portion of the examination shall be deemed a passing score on the essay portion of the examination. A scaled score of 132 or higher on the Multistate (MBE) portion of the examination shall be deemed a passing score on the Multistate portion of the examination. After failing to pass five (5) Kentucky Bar Examinations, an applicant shall not be permitted to sit for the Kentucky Bar 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 exam may only be used for a period of three years to exempt the applicant from taking that portion of the examination. An applicant who has taken the Multistate (MBE) examination in another jurisdiction within three years of the date of the Kentucky examination may transfer a score of 132 or higher and need only sit for the essay portion of the examination. In situations where the applicant has first passed the Kentucky essay portion of the examination, subsequently has taken the Multistate (MBE) examination in another jurisdiction, and wishes to be admitted by transferring in a score of 132 or higher that applicant must first file an update form for a character and fitness re-certification as prescribed in SCR 2.062.
<Note: Section (4) effective January 1, 2021. See also Section (4) effective until January 1, 2021.>
(4) An applicant must pass both the essay and Multistate (MBE) portions of the examination in one sitting. A general average of 75% or higher on the essay portion of the examinations shall be deemed a passing score on the essay portion of the examination. A scaled score of 135 or higher on the Multi-state portion of the examination shall be deemed a passing score on the Multistate portion of the the examination. After failing to pass five (5) Kentucky Bar Examinations, an applicant shall not be permitted to sit for the Kentucky Bar Examination. An applicant who has taken the Multistate (MBE) examination in another jurisdiction within three years of the date of the Kentucky examination may transfer a scaled score of 135 or higher and need only sit for the essay portion of the examinations in situations where the applicant successfully passed the entirely of the transferring jurisdiction's examination and has not previously failed the Kentucky examination.
(5) The Board of Bar Examiners at the beginning of the first session shall give each applicant a numbered envelope. The applicant shall write his/her name upon a slip of paper, seal the name in the envelope and return the envelope to the Secretary of the Board. All papers will then be signed by the applicant only with the number upon his/her envelope. When the applicant has completed answering the questions on any given subject, he/she shall deposit his/her written answers thereto with the Secretary of the Board.
(6) The papers containing the questions and written answers given by applicants will be preserved by the Secretary of the Board for a period of one year from the time that the application for admission has passed upon by the Supreme Court, and longer if so ordered by the Court.
(7) Upon recommendation of the Board of Bar Examiners, the Supreme Court may appoint qualified members of the bar, to be known as Bar Examination Graders, to assist the Examiners in the grading of examination papers. Persons so appointed shall hold those positions for terms of one year and until the appointment of their successors.

Credits

HISTORY: Amended by Order 2019-10, eff. 1-1-21; prior amendments eff. 1-1-20 (Order 2018-18); 1-1-19 (Order 2017-18); 7-29-19 (Order 2016-11); 1-1-10 (Order 2009-12), 1-1-02 (Order 2001-2); adopted by Order 88-2, eff. 1-1-89
Note: Former Rules of Appellate Procedure (RAP) were amended and redesignated as Rules of the Supreme Court (SCR) by Order of the Supreme Court effective January 1, 1978. Prior Rules of the Court of Appeals (RCA) had been redesignated as Rules of Appellate Procedure effective March 12, 1976.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
Note: Former SCR 2.080 repealed eff. 3-10-73. See now, SCR 2.060 for provisions analogous to former SCR 2.080.
Note: SCR 2.080 contains provisions analogous to former KRS 30.070, repealed by 1946 c 207, § 4, eff. 3-23-46.
Sup. Ct. Rules, Rule 2.080, KY ST S CT Rule 2.080
Current with amendments received through August 1, 2020.
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