Rule 35. Bar Examination

(a) Definitions. 1. Bar Exam. “Bar Exam” means a test of minimum competency accepted by the Court to meet a requirement of admission to the practice of law in Arizona. 2. Permission to Write. “Permission to Write” means the Committee on Examinations' approval to take a Bar Exam after four or more Attempts that fail to meet Arizona's passing score. 3. Attempt. An “Attempt” means any bar examination, from any jurisdiction, in which the applicant has sat for any portion of the exam. (b) Bar Exam Source and Content. The Court will establish by administrative order the identity, source, content, scope, and scoring of the Bar Exam. (c) Bar Exam Application. 1. The Court will publish on its website the eligibility requirements, application requirements including fees and supporting documents, code of conduct, and deadlines relating to the Bar Exam. 2. Late fees will be established by the Court and assessed for applications submitted after the initial filing deadline but within the late filing deadline. 3. No Bar Exam application, fees, or supporting materials will be accepted after the late filing deadline. 4. An applicant who meets all application requirements will be certified to sit for the Bar Exam. The applicant will be notified of the certification. 5. If the Committee on Examinations or its designee find that a Bar Exam application or supporting materials are deficient, the applicant will be notified of the deficiency. The applicant may cure the deficiency until the late application deadline. Late fees will apply if the deficiency is not cured within the initial filing deadline. If the deficiency is not cured by the late filing deadline, the application will be withdrawn and the applicant will be notified. 6. A lack of good standing in any jurisdiction solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements does not preclude an applicant from being certified to sit for the Bar Exam. (d) Bar Exam Fees initial filing deadline. If the deficiency is not cured by the late filing deadline, the application will be withdrawn and the applicant will be notified. 6. A lack of good standing in any jurisdiction solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements does not preclude an applicant from being certified to sit for the Bar Exam. (d) Bar Exam Fees. The Court will establish by administrative order the fees required to take the Bar Exam. Bar Exam fees must be paid at the time of application to take a Bar Exam. Bar Exam fees are non-refundable after the initial filing deadline, even if the application is involuntarily withdrawn due to deficiency or denial of Permission to Write. (e) Bar Exam Dates and Places. Unless the Court directs otherwise, the Bar Exam will be administered two times each year, once in February and once in July. The Court will publish on its website the date and place of the Bar Exam at least two weeks before the start of each administration. (f) Bar Exam Grading. 1. The Committee on Examinations will grade the written portions of the Bar Exam according to generally applicable principles of law. 2. The Court will establish by administrative order the minimum passing score of the Bar Exam. 3. An applicant's Bar Exam result will be communicated to the applicant. 4. An applicant's Bar Exam scores will not be disclosed to the public. The Court is authorized to: A. announce to the public the names of the applicants who have met the minimum passing score of the Bar Exam; B. release to the public statistical results of the Bar Exam; C. report to the applicant's law school the applicant's number of Attempts and status as passed, failed, withdrawn, embargoed, or canceled; D ant's Bar Exam scores will not be disclosed to the public. The Court is authorized to: A. announce to the public the names of the applicants who have met the minimum passing score of the Bar Exam; B. release to the public statistical results of the Bar Exam; C. report to the applicant's law school the applicant's number of Attempts and status as passed, failed, withdrawn, embargoed, or canceled; D. report to the applicant's law school detailed information about the applicant's performance on each section of the Bar Exam, including each section's median and standard deviation; this information will be kept confidential and may be used solely for scholarly research by the applicant's law school and for monitoring and improving the school's educational and student support programs; and E. upon an applicant's request, certify an applicant's Bar Exam score to another jurisdiction to which the applicant seeks admission. (g) Later Examinations. 1. Except as limited by Rule 35(g)(3), an applicant who fails the Bar Exam may apply to retake the Bar Exam. 2. An applicant who fails the Bar Exam and wants to sit for the next Bar Exam must submit a complete Bar Exam retake application, fees, and supporting materials by the late filing deadline or within 20 days of being notified of the failure to pass, whichever occurs later. 3. An applicant who has made 4 or more Attempts must request permission from the Committee on Examinations before sitting for a later Bar Exam. Permission to Write will be granted only if the Committee on Examinations determines that the applicant demonstrates a reasonable likelihood of passing the Bar Exam. To request Permission to Write, the applicant must submit with the Bar Exam application a statement including: A. a list of any prior Attempts, withdrawals, or failures to appear, including the jurisdiction, month and year, and the score for each Attempt; B. a list of all prior MPREs, if any, and the score for each MPRE; C the applicant demonstrates a reasonable likelihood of passing the Bar Exam. To request Permission to Write, the applicant must submit with the Bar Exam application a statement including: A. a list of any prior Attempts, withdrawals, or failures to appear, including the jurisdiction, month and year, and the score for each Attempt; B. a list of all prior MPREs, if any, and the score for each MPRE; C. a detailed description of how the applicant prepared for each Attempt in the past; D. a detailed description of how the applicant is preparing for the requested Bar Exam and how this preparation differs from the applicant's preparation for prior Attempts; E. a detailed description of why the applicant believes Permission to Write will result in a passing score; and F. if applicable, a detailed description of other good cause or change in circumstances that the applicant believes is relevant to the Committee on Examinations' consideration. The Committee on Examinations may request additional information or supporting documentation. (h) Bar Exam Accommodations. 1. Disability Accommodation. An applicant may apply for Bar Exam disability accommodation within the deadlines established by the Court and published on its website. A. An application for disability accommodation must include all forms and supporting documents as required and published by the Court on its website. B. An applicant requesting accommodation for a disability must demonstrate a disability and that the accommodation requested is reasonable, appropriate, consistent with the nature and purpose of the examination, and necessitated by the applicant's disability. C. The Committee on Examinations or its designee may request additional information or supporting documentation. Failure to timely provide this additional information may result in the denial of an accommodation request. D. The Committee on Examinations may grant, deny, or modify the requested accommodation. E. The Committee on Examinations will determine the scope and duration of an accommodation C. The Committee on Examinations or its designee may request additional information or supporting documentation. Failure to timely provide this additional information may result in the denial of an accommodation request. D. The Committee on Examinations may grant, deny, or modify the requested accommodation. E. The Committee on Examinations will determine the scope and duration of an accommodation. 2. Non-Disability Medical Accommodation. An applicant may apply for Bar Exam accommodation for other health needs within the deadlines established by the Court and published on its website. A. An application for non-disability accommodation must include all forms and supporting documents as required and published by the Court on its website. B. The Committee on Examinations or its designee may request additional information or supporting documentation. Failure to timely provide this additional information may result in the denial of an accommodation request. C. The Committee on Examinations or its designee may grant, deny, or modify the requested accommodation. D. Non-disability accommodation will generally be granted only for a single administration of the Bar Exam unless otherwise determined by the Committee on Examinations or its designee. (i) Bar Exam Conduct. 1. Code of Conduct. A. An applicant must not falsify or misrepresent information required to sit for the Bar Exam, impersonate another applicant, or allow an impersonator to take the Bar Exam on the applicant's behalf. B. An applicant must not bring any prohibited item into the examination building. A list of prohibited items will be published on the Court's website. C. An applicant must not create or review notes in the examination building before beginning any session of the Bar Exam. D. An applicant must not create a disruption or disturbance in the examination building. E. An applicant must not give or receive help answering questions from any other applicant or source during the Bar Exam. F ist of prohibited items will be published on the Court's website. C. An applicant must not create or review notes in the examination building before beginning any session of the Bar Exam. D. An applicant must not create a disruption or disturbance in the examination building. E. An applicant must not give or receive help answering questions from any other applicant or source during the Bar Exam. F. An applicant must not copy answers from or share answers with another applicant. G. An applicant must stop testing, and must not type, write, erase, delete, or alter any answer, after testing time expires. H. An applicant must not remove any Bar Exam material, data, or information from the examination room. I. An applicant must not disclose any part of any Bar Exam question or answer to any person or in any public forum until after the questions have been publicly released by the Court or the source of the Bar Exam. 2. Enforceability. The Committee on Examinations or its designee may investigate and adjudicate any suspected violation of the code of conduct. A. The Committee on Examinations, by majority vote, may take the following actions for any suspected violation of the code of conduct: i. Expelling an applicant from the Bar Exam. ii. Temporarily withholding an applicant's Bar Exam score. iii. Reporting the conduct to the Committee on Character & Fitness. B. Following a Rule 35(i)(4) hearing, the Committee on Examinations may sanction any violation of the code of conduct by the following actions: i. Cancelling an applicant's Bar Exam score. ii. Reporting an applicant's conduct to the applicant's law school and any other jurisdiction to which the applicant seeks admission. iii. Precluding an applicant from sitting for the Bar Exam in Arizona for up to 5 years. iv. Imposing a monetary sanction for the costs and expenses associated with Rule 35(i)(4) proceedings. 3. Discipline by Consent. The Committee on Examinations may offer an applicant suspected of violating the code of conduct a consent agreement for discipline urisdiction to which the applicant seeks admission. iii. Precluding an applicant from sitting for the Bar Exam in Arizona for up to 5 years. iv. Imposing a monetary sanction for the costs and expenses associated with Rule 35(i)(4) proceedings. 3. Discipline by Consent. The Committee on Examinations may offer an applicant suspected of violating the code of conduct a consent agreement for discipline. An applicant who consents to discipline for a suspected violation of the code of conduct waives the rights provided by Rule 35(i)(4) and Rule 35(j). 4. Hearings. Before imposing any sanction set forth in Rule 35(i)(2)(B), the Committee on Examinations or its designee must hold a hearing to determine whether an applicant violated the code of conduct. A. Notice. The Committee on Examinations or its designee must notify the applicant of the hearing, specifying: i. The time, place, and nature of the hearing; ii. The legal authority and jurisdiction of the hearing; iii. A short and plain statement as to the subject, allegation, and purpose of the hearing; iv. That the applicant may be represented by an attorney and afforded an opportunity to respond, present evidence, and cross-examine witnesses; and v. That the Committee on Examinations or its designee has the burden of proving, by clear and convincing evidence, that the applicant violated the code of conduct. B. Disclosure. 20 days before the hearing, or otherwise as agreed by the parties, the Committee on Examinations and the applicant will simultaneously disclose documents, witnesses, and other information to be used at the hearing. The Chair may permit untimely disclosed information to be admitted at the hearing for good cause. C. Hearing Panel. The panel must consist of 5 members including the Chair of the Committee on Examinations or their designee, and may include members of the Committee on Character & Fitness. The Chair of the Committee on Examinations or their designee will preside over the hearing. D. Conduct of Hearings Chair may permit untimely disclosed information to be admitted at the hearing for good cause. C. Hearing Panel. The panel must consist of 5 members including the Chair of the Committee on Examinations or their designee, and may include members of the Committee on Character & Fitness. The Chair of the Committee on Examinations or their designee will preside over the hearing. D. Conduct of Hearings. Each side may submit evidence and examine witnesses. The hearing will be recorded and may be conducted without adherence to the Arizona Rules of Evidence. Neither the manner of conducting the hearing nor the failure to adhere to the Rules of Evidence will be grounds for reversing any decision by the panel provided the evidence supporting the decision is substantial, reliable, and probative. E. Burden of Proof. The Committee on Examinations or its designee has the burden of proving, by clear and convincing evidence, that the applicant violated the code of conduct. F. Default Proceedings. If the applicant fails to appear for a hearing, the Committee on Examinations may summarily enter evidence, deem the allegations admitted, and enter sanctions by default. G. Decision. The panel's decision requires the concurrence of a majority of panel members and must be in writing. If the panel finds a violation of the code of conduct, the panel's decision must include written findings of fact and recommendations to the Committee on Examinations. H. Notice to Applicant. The panel's final decision must be mailed to the applicant's last known address, and a copy must be provided to the applicant's attorney of record, if applicable. (j) Review by the Court. 1. Petition for Review . An applicant aggrieved by any decision of the Committee on Examinations may, within 20 days after the applicant was notified of the decision, file a verified petition for review with the Court. A l's final decision must be mailed to the applicant's last known address, and a copy must be provided to the applicant's attorney of record, if applicable. (j) Review by the Court. 1. Petition for Review . An applicant aggrieved by any decision of the Committee on Examinations may, within 20 days after the applicant was notified of the decision, file a verified petition for review with the Court. A. 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 on Examinations' decision. B. A copy of the petition must be served on the Committee on Examinations at the time of filing. C. Within 30 days of service of an applicant's petition for review, the Committee on Examinations or its designee may file a response to the petition. D. No reply may be filed unless ordered by the Court sua sponte. E. The Court will consider the matter and render a decision. 2. Bar Exam Score. The Committee on Examinations' decision regarding any applicant's Bar Exam score is final and will not be reviewed by the Court absent extraordinary circumstances. 3. Sealing the Record. Any document filed under Rule 35(j)(1) will be open to the public. Medical or psychological documents must be sealed upon request. The Court may seal any other portion of the record upon request.