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Rules & Regulations of the Connecticut Bar Examining Committee

 

Rules of the Connecticut Superior Court Regulating Admission to the Bar

Chapter 2 Attorneys, CT Practice Book

 

Regulations of the Connecticut Bar Examining Committee

 

Important Regulation Changes - Effective March 4, 2024 - PDF

Art. I-1. MEETINGS.

The committee shall hold regular meetings to determine and announce the results of the bar examinations. Special meetings may be held upon reasonable notice at such time and place to be fixed by the chairperson. In the absence of the chairperson or in the event of his or her inability to act, the time and place of any meeting may be set by the administrative director or by any three members.

Art. I-2. OFFICERS.

The officers shall be a chairperson, a vice-chairperson, a secretary and a treasurer. They shall be elected at the first regular meeting in the calendar year and shall hold office for three years and until their successors shall be elected. No person shall serve as an officer for more than twelve years. Each officer shall perform the duties customarily incident to the office.

Art. I-3. EXAMINATIONS SUBCOMMITTEE.

There may be an examinations subcommittee for each examination, to be appointed by the chairperson, who shall have the duty, power and authority to provide for the examination of candidates and superintend the examination.

Art. I-4. SUBCOMMITTEE ON NON-STANDARD TESTING.

(A) There shall be a subcommittee on non-standard testing for each examination, which shall have the power to act for the committee, to be appointed by the chairperson, which subcommittee shall have the duty, power and authority to consider and act upon all petitions for non-standard testing and to determine the terms and conditions upon which non-standard testing will be provided to applicants.

(B) Petitions for non-standard testing shall be in writing on a form prescribed by the committee and shall be filed, together with such attachments as the committee may require, with the administrative director on or before April 30 for a July examination and on or before November 30 for a February examination. The subcommittee may, in its discretion, hold a hearing on such petitions. The subcommittee shall notify the applicant of its decision in writing.

Art. I-5. OTHER SUBCOMMITTEES.

The chairperson may appoint from time to time such other subcommittees as he or she may deem desirable and, subject to the action of the committee, assign their duties and functions.

Art. II-1.

Approved law schools shall be the following:

(A) Those law schools approved or provisionally approved by the American Bar Association at the time the applicant receives his or her law degree.

(B) Those law schools approved by the committee in accordance with the following requirements and with such policies and procedures from time-to-time established by said committee. In determining whether a law school should be approved by the committee under this subparagraph, the committee shall consider the following standards, requirements and criteria:

(1) Whether the law school seeking the approval of the committee pursuant to this subparagraph shall have previously sought the approval of the American Bar Association, and if said approval has been denied or otherwise withheld, the reasons stated by the American Bar Association therefor.

(2) Whether the law school is licensed and approved by the state authority authorized by law to license and approve educational institutions within a state and to confer upon the law school the power and authority to grant a bachelor of laws, a juris doctor or other equivalent degrees within the state in which such law school is located.

(3) Whether the law school offers within its curriculum suitable courses in all of the subjects set forth in Article V-4 hereof.

(4) Whether the law school offers within its curriculum as a mandatory requirement suitable courses in legal ethics and professional responsibility sufficient to enable students to comply with Article IV hereof.

(5) Whether the law school offers suitable courses and training as a mandatory requirement in legal skills, including, but not limited to, drafting of legal instruments, pleadings, briefs and other legal documents, and further, whether the curriculum contains a mandatory requirement of courses and instruction in the law of civil and criminal procedure and the law of evidence.

(6) Whether and to what extent the law school makes faculty appointments for each academic year open to active, scholarly legal practitioners as adjunct faculty without discrimination against such persons.

(7) The law school shall also furnish to the committee appropriate statistical data concerning the passing percentages of its graduates taking the bar examination in the jurisdiction in which the law school is located or in any other jurisdiction in which its graduates are permitted to take the bar examination, said data to include the three immediately preceding years.

(8) The law school shall also furnish to the committee for its consideration information on such other matters as the committee shall deem as bearing upon the ability of the law school to educate and prepare competent lawyers for admission to the Connecticut bar.

(9) The committee will consider only such applications made by law schools seeking approval as hereinabove set forth. The committee will not consider applications for such approval on behalf of individual bar applicants. The committee will specify the manner and form of an application to be filed by the law school, and the law school by the filing of such application shall be deemed by the committee to have agreed to reimburse the committee for all reasonable and necessary expenses of the committee in considering and acting upon such application.

(10) No law school shall be approved if that law school discriminates against any applicant for admission or any applicant for a faculty position based upon race, creed, religion, gender, sexual preference, country of origin or disability.

Art. II-2.

All applicants must receive a Juris Doctor or equivalent law degree from an approved law school not less than seven (7) days prior to the date of the examination for which the applicant has filed his or her application and proof of receipt of that degree must be received in the Office of the Administrative Director not less than seven (7) days prior to said examination.

Art. II-3.

An applicant who has studied in a foreign country may qualify to apply for admission by submitting to the committee satisfactory proof of the legal education required by all subsections of this article.

(A) The applicant shall show successful completion of the educational requirements for admission to the practice of law in a country other than the United States by:

(1) successful completion of a period of study in a law school or schools each of which, throughout the period of the applicant’s study therein, was approved by the government or an authorized accrediting body in such country, or of a political subdivision thereof, to award a first degree in law as evidenced by the report in subsection (C)(1) of this article.

(2) said program of study must be substantially equivalent in duration to the legal education provided by an American Bar Association approved law school in the United States.

(B) The applicant shall show successful completion of an LL.M. degree program at an American Bar Association or committee approved law school in the United States meeting the following requirements:

(1) The program shall consist of a minimum of twenty-four (24) credit hours (or the equivalent there of, if the law school is on an academic schedule other than a conventional semester system) which, except as otherwise permitted herein, shall be in classroom courses at the law school in substantive and procedural law and professional skills;

(2) all coursework for the program shall be completed at the campus of an approved law school in the United States, except as otherwise expressly permitted in this section;

(3) The program completed by the applicant shall include:

(a) a minimum of two (2) credit hours in a course or courses in professional responsibility;

(b) a minimum of two (2) credit hours in legal research, writing and analysis, which may not be satisfied by a research and writing requirement in a substantive law course;

(c) a minimum of two (2) credit hours in American legal studies, the American legal system or a similar course designed to introduce students to distinctive aspects and/or fundamental principles of United States law, which may be satisfied by a course in United States constitutional law or Federal or state civil procedure; credit earned in such course in excess of the required two (2) credit hours may be applied in satisfaction of the requirements set forth in subsection (B)(3)(d); and

(d) a minimum of six (6) credit hours in other courses that principally focus on subject matter tested on the Connecticut bar examination as set forth in Article V-4.

(e) The program completed by the applicant may include a maximum of four (4) credit hours in clinical courses or externships, provided that the time and effort required and anticipated educational benefit are commensurate with the credit rewarded and

(i) the clinical course or externship includes a classroom instructional component in order to ensure contemporaneous discussion, review and evaluation of the clinical experience or externship; or

(ii) the clinical work or externship is done under the direct supervision of a member of the law school faculty.

(C) Petitions for determination on foreign education shall be in writing on a form prescribed by the committee and shall be filed, together with such attachments as the committee may require, with the administrative director. An applicant must receive approval of his or her petition for determination on foreign education prior to filing an application for admission by examination, an application for admission by UBE score transfer, or an application for admission without examination. Applicants wishing to apply for admission by examination shall file a complete petition for determination on foreign education no later than April 01 for a July examination and no later than November 01 for a February examination. Incomplete petitions will not be considered. To be considered complete, a petition for determination on foreign education must be filed together with the following documentation:

(1) A course by course education evaluation report acceptable to the committee for every foreign law school attended

(2) Official, final transcripts from all foreign undergraduate and foreign law schools attended;

(3) Copies of all diplomas or degree certificates from all foreign undergraduate and foreign law schools;

(4) Official transcript from the law school at which the applicant is currently enrolled in an LL.M. program or a statement from the applicant indicating that he or she is not currently enrolled in such a program; and

(5) The fee prescribed by Article X(G). Applicants who receive approval of their petition for determination on foreign education may apply for admission by examination, admission by UBE score transfer, or admission without examination for the standard application fee.

The committee shall notify the applicant of its decision in writing.

(D) Upon the committee’s approval of the petition for determination on foreign education, an application for admission may be filed. Applicants for admission by examination must provide the following directly from the LL.M. degree granting law school not less than seven (7) days prior to the date of the examination for which the applicant has filed his or her application:

(1) Official, final transcript from the LL.M. degree granting law school setting forth the date the degree was conferred and all courses taken; and

(2) Copies of official course descriptions for all courses taken at the LL.M. degree granting school.

Art. III-1.

(A) The application to take the bar examination and for admission to the bar (for which the official forms obtainable from the administrative director must be used) shall be filed between March 01 and April 30 for a July examination and between October 01 and November 30 for a February examination. Applications filed between March 01 and March 31 for a July examination or between October 01 and October 31 for a February examination shall be filed together with the fee prescribed by Article X(A)(1). Applications filed between April 01 and April 30 for a July examination or November 01 and November 30 for a February examination shall be filed together with the fee prescribed by Article X(A)(2).

(B) The application for admission by transfer of a Uniform Bar Examination (UBE) score (for which the official forms obtainable from the administrative director must be used) shall be filed within five (5) years after attaining a total scaled score of two hundred sixty-six (266) or higher on the UBE taken in any jurisdiction, together with the fee prescribed by Article X(B). A score is considered to have been attained on the date of the administration of the UBE that resulted in the score. Applications for admission by transfer of a UBE score may be filed concurrently any time after an application to sit for the UBE in another jurisdiction is filed with that jurisdiction. Any such concurrent application for admission by transfer of a UBE score must include a copy of the application filed in the other UBE jurisdiction in which the applicant will take the UBE. UBE scores for such concurrent applications must be transferred to the administrative office no later than December 31 for a July exam and no later than June 30 for a February exam. It is the applicant’s responsibility to ensure that his or her qualifying UBE score is transferred to the administrative director by the National Conference of Bar Examiners (NCBE). Applicants shall submit official transcripts of undergraduate and legal education sufficient to satisfy the committee that the applicant’s educational qualifications meet the requirements of Practice Book Section 2-8.

(C) (C) Answers on the application must be typewritten or prepared by electronic means and the application to take the bar examination and for admission to the bar must be used only for the examination for which it is issued.

An application is considered filed on the day it is RECEIVED, properly completed with the appropriate fees paid, in the office of the administrative director.

An applicant who fails to pass a Connecticut bar examination shall be permitted to file an application for the next administration of the bar examination within three weeks of the release of the results of the prior examination.

Art. III-2.

Incidental to an application for admission to the bar by examination or an application for admission by UBE score transfer, each applicant shall be required to file the following supporting documents as appropriate:

(A) Certified copies of driving record.

(B) Certificates of good standing from all courts (state and federal) before which the applicant is admitted to practice.

(C) A copy of each application for admission to the bar and/or for admission to every bar examination submitted by the applicant in any jurisdiction other than Connecticut.

(D) Any other information requested by the committee.

Art. III-3.

An applicant who withdraws his or her application to take the bar examination at least thirty (30) days prior to the examination shall be entitled to a fee credit of seventy-five percent of the application fee paid by the applicant. Withdrawals for medical reasons accompanied by a doctor's certificate shall be entitled to a fee credit of seventy-five percent of the application fee paid by the applicant if received within ten (10) days after the examination. In extraordinary circumstances, the chairperson, or the chairperson’s designee, shall have the discretion to grant a credit of up to one hundred percent. In order to demonstrate extraordinary circumstances, the applicant must present evidence of exigent circumstances, such as serious illness or death in the family. All such requests related to exigent circumstances for a fee credit must be in writing and accompanied by appropriate supporting documentation, and must be received by the administrative director within thirty days after the examination. Any fee credits to which a withdrawing applicant may be entitled must be applied toward either of the next two succeeding examinations. All withdrawals must be in writing, addressed to the administrative director and are effective on the date received by the administrative director.

 

Art. III-4.

The administrative director shall give notice by publication on the committee’s website and in the Connecticut Law Journal of the names of the applicants for the examination and for admission by UBE score transfer. Any written objection received by the committee shall become part of the applicant’s file.

 

Art. III-5.

The administrative director shall retain the applications in accordance with the records retention schedule of the Judicial Branch.

 

Art. III-6.

(A) No person who has been disbarred from the practice of law in any jurisdiction, or who is a party to pending disbarment proceedings in any jurisdiction, or who has resigned from the bar pending disciplinary proceedings in any jurisdiction may apply for admission to the Connecticut bar by examination or by UBE score transfer or sit for the Connecticut bar examination until he or she has been readmitted to practice without condition or restriction in the jurisdiction disbarring or accepting the resignation of such person or until the pending disbarment proceedings have been resolved in favor of the applicant.

(B) No person who has been suspended from the practice of law in any jurisdiction may apply for admission to the Connecticut bar by examination or by UBE score transfer or sit for the Connecticut bar examination until the expiration of the period of suspension in the jurisdiction imposing such suspension.

Important Regulation Changes - Effective March 4, 2024 - PDF

Art. IV-1.

All persons seeking admission to the practice of law in Connecticut by examination or by UBE score transfer or a military spouse seeking a temporary license to practice as an attorney in Connecticut shall, prior to being recommended for admission to the bar, produce evidence of satisfactory completion of the Multistate Professional Responsibility Examination. The passing score on the Multistate Professional Responsibility Examination shall be a scaled score of eighty (80) and must be achieved within four years before or within one year after the date the applicant files his or her application for admission to the Connecticut bar.

Art. IV-2.

In lieu of the Multistate Professional Responsibility Examination an applicant seeking admission to the practice of law in Connecticut by examination or by UBE score transfer or a military spouse seeking a temporary license to practice as an attorney in Connecticut may, prior to being recommended for admission to the bar, submit evidence of satisfactory completion of a course in professional responsibility/legal ethics offered by a law school approved by the bar examining committee as part of its regular curriculum. To be acceptable, the course must be completed with a grade of either “C” or “Pass” within four years before or within one year after the date the applicant files his or her application for admission to the Connecticut bar.

Art. IV-3.

Applicants for admission without examination shall, prior to being recommended for admission to the bar, submit evidence of a scaled score of eighty (80) on the Multistate Professional Responsibility Examination or a grade of either “C” or “Pass” in a course in professional responsibility/legal ethics offered by a law school approved by the bar examining committee as part of its regular curriculum.

Art. V-1.

The committee shall hold sessions semi-annually for the examination in law of applicants for admission to the bar. The examination shall be held at such place or places within the State of Connecticut as the committee may designate, one to be held the last consecutive Tuesday and Wednesday of February and one to be held the last consecutive Tuesday and Wednesday of July, in each year. Such examination shall last two days, with two sessions each day.

Art. V-2.

The examinations shall be in writing. The committee shall provide pencils and pens. The committee may allow an applicant to utilize a portable electronic device capable of operating the designated software to answer performance tests and essay questions provided that the applicant follows the procedure set forth by the committee for electing such option. Special circumstances may, with the prior written approval of the committee, warrant a waiver, in whole or in part, of the requirements of this Article V-2.

Art. V-3.

An applicant may be examined at the examination next preceding his or her eighteenth birthday. If successful and otherwise qualified, he or she shall be admitted to the bar only upon attaining the age of eighteen (18).

Art. V-4.

The examination shall be the Uniform Bar Examination (UBE), prepared by the National Conference of Bar Examiners (NCBE) and comprised of two (2) Multistate Performance Test (MPT) items, six (6) Multistate Essay Examination (MEE) questions, and the Multistate Bar Examination (MBE). Applicants may be tested on any subject matter listed by the NCBE as areas of law to be tested on the UBE.

Art. V-5.

Raw scores earned on the MPT and MEE portions of the examination are combined and scaled to the MBE to calculate scaled written scores. The written scaled scores and the MBE scaled scores shall be combined to determine UBE total scores, with the MPT weighted 20%, the MEE weighted 30%, and the MBE weighted 50%. Scaled scores shall be used to assure that the standard used to measure competence is not affected by the difficulty of the particular test or the ability of the applicants sitting for a particular examination. A total UBE score of two hundred sixty-six (266) shall be the minimum passing score. An applicant’s scaled MBE score shall be expressed to one decimal place. An applicant’s total UBE score shall be expressed to the nearest whole number.

Art. V-6.

All applicants taking the bar examination in Connecticut must sit for the MPT, MEE, and the MBE in Connecticut during the same administration of the examination and will receive a UBE score.

(A) An applicant taking the bar examination in Connecticut may request certification of a UBE score earned in Connecticut to another jurisdiction. An applicant requesting certification of a UBE score earned in Connecticut to another jurisdiction must direct such request to the National Conference of Bar Examiners (NCBE).

(B) An applicant taking the bar examination in Connecticut may request the certification of an MBE score earned in Connecticut to another jurisdiction. An applicant requesting certification of an MBE score earned in Connecticut to another jurisdiction must direct such request to the committee’s Administrative Office on a form provided by the committee and pay the fee prescribed in Article X(M).

Art. V-7.

(A) In order for the examination to be graded, the applicant must attend both the MPT and MEE sessions at the designated location in Connecticut and both sessions of the MBE in Connecticut. Any applicant who does not attend all four (4) sessions of the examination will be deemed withdrawn from the examination and will not receive examination results.

(B) Except in extraordinary circumstances, applicants must remain in the examination room for the first hour of the examination.

(C) No applicant will be admitted to the examination more than one (1) hour after the examination session begins. An applicant who fails to appear for one (1) session of the examination shall not be admitted to a later session. Any applicant who is not present for both sessions of the MPT and MEE will not be permitted to take the MBE in Connecticut on the following day.

Art. V-8.

The committee shall meet at such time and place as may be fixed by the chairperson to determine the results of the examination and announce the names of the applicants recommended for admission to the bar. The administrative director shall certify the names of the applicants who are recommended for admission to the bar and the Office of the Chief Court Administrator shall notify the clerks of the superior court for each Judicial District and the press.

Art. V-9.

Each applicant recommended for admission to the bar shall (unless specially excused by the clerk of the superior court) present himself or herself for admission as an attorney at a session of the superior court or in such other place or places, on such date and at such hour as shall be prescribed by the committee.

Upon a showing of due excuse, the clerk of the superior court may arrange for the presentation for admission of an applicant at a session of the superior court to be held at another time and place to be fixed by the clerk.

Art. V-10.

The administrative director shall notify each applicant of his or her results on the examination. Notification to an applicant who fails to pass the examination shall include a statement of the applicant's scores on the examination and such other examination information as the committee shall from time to time determine.

Art. VI-1A. PURPOSE.

The purpose of character and fitness screening before admission to the bar is the protection of the public and the system of justice. The public interest requires that the public be secure in its expectation that those who are admitted to the bar are, at the time of admission, worthy of the trust and confidence clients may reasonably place in their attorneys.

Art. VI-1B. SUBCOMMITTEE.

There shall be a character and fitness subcommittee, appointed by the chairperson, which shall have the power to act for the committee as set forth below. The subcommittee shall have the duty, power and authority to order independent medical evaluations, conduct interviews, and approve conditional admission. The subcommittee shall report to the full committee regarding decisions made with respect to independent medical evaluations and conditional admission. The subcommittee shall also make recommendations to the full committee for formal hearings.

Art. VI-2. STANDARD OF CHARACTER AND FITNESS.

A lawyer should be one whose record of conduct justifies the trust of clients, adversaries, courts and others with respect to professional duties owed to them. A record manifesting a significant deficiency in the honesty, trustworthiness, diligence or reliability of an applicant may constitute a basis for denial of admission. Conduct that is merely socially unacceptable or the physical disability of the applicant is not relevant to character and fitness for law practice and will not be considered.

Art. VI-3. BURDEN OF PROOF.

The applicant bears the burden of proving his or her good moral character and fitness to practice law by clear and convincing evidence.

Art. VI-4. GOOD MORAL CHARACTER AND FITNESS TO PRACTICE LAW.

The concept of “good moral character and fitness to practice law” necessarily reflects the mores of the community as well as an estimate of the individual. The determination of present good moral character and fitness is made at the time of admission. In considering good moral character and fitness the committee will attempt to view the applicant as a whole person and take into account the applicant's entire life history rather than limit its view to isolated events in his or her life. The committee's inquiry into an applicant's character and fitness emphasizes honesty, fairness and respect for the rights of others and for the law in general. There are no specific incidents, transgressions or misconduct which will result in disqualification. However, certain conduct indicates a lack of good moral character and/or fitness to practice law (See Article VI-11 below).

Art. VI-5. PROCEDURES.

(A) The applicant shall be given the opportunity to demonstrate present good moral character and fitness to practice law despite particular past conduct.

(B) When the committee has information weighing against a determination of good moral character and fitness to practice law:

(1) The applicant shall be notified of the information, and

(2) The applicant shall be provided the opportunity to submit such material as the applicant deems appropriate.

(C) When an applicant's past conduct raises a question as to his or her character and fitness, the committee will take into consideration the following:

(1) The number of incident(s) (offenses); i.e. whether single, sporadic or repeated;

(2) The seriousness of the incident(s) (offenses) and the degree of moral turpitude involved;

(3) The time of commission; e.g. whether recent or remote past;

(4) The age of the applicant at the time of the incident(s) (offenses);

(5) Any mitigating circumstances;

(6) The opinion of others about the applicant's moral character and fitness;

(7) Evidence of rehabilitation;

(8) Activities, jobs and civil service;

(9) Any other pertinent information; e.g. degree of remorse.

(D) If the applicant establishes present good moral character and fitness to practice law despite past conduct, the committee will certify the applicant.

(E)(1) If the character and fitness subcommittee believes there are matters which may indicate a lack of good moral character and/or fitness to practice law, a formal hearing may be scheduled. In determining whether a formal hearing on character and fitness is necessary, the subcommittee, or any member thereof, may elect to conduct an interview with the applicant, who may be represented by counsel.

(2) The character and fitness subcommittee may elect to hold an application in abeyance for a set period of time if there is a pending criminal charge, significant pending litigation, an outstanding judgment, defaulted or delinquent student loan, or other unresolved issue(s) pertaining to character and fitness. When the period of abeyance expires, the applicant shall submit evidence of resolution together with a Supplemental Affidavit Updating Original Application by the deadline set by the subcommittee. Any application for which the evidence of resolution and supplemental affidavit are not submitted by the deadline shall be deemed withdrawn by the applicant. The deadline may be extended by the subcommittee upon good cause shown by the applicant. Any request for an extension must be filed by the applicant not less than thirty (30) days before the deadline.

(3) If the committee determines that a formal hearing is necessary it shall prepare written specifications which shall be sent to the applicant by certified mail. The specifications shall provide the date, time and location of the hearing and shall state in detail the matters to be inquired into and the facts, which, if proved, would form the basis of the committee's determination of lack of good moral character and/or fitness. The specifications shall advise the applicant that the hearing shall be recorded and that he or she may be represented by counsel. However, an applicant may request a waiver of a formal hearing if the applicant is in agreement with the terms of the committee’s recommendation of admission with conditions as provided in Practice Book Sections 2-9 and 2-11.

(4) The formal hearing shall be conducted before a panel of the committee consisting of at least three (3) members appointed by the chairperson which shall have the power to act for the committee. Following the conclusion of the formal hearing, the applicant shall be permitted to withdraw his or her application until an oral or written decision is rendered by the panel. The panel shall make its findings of fact and decision for or against the admission of the applicant. The applicant shall be notified of the findings of fact and decision. If the hearing is not completed within six (6) months of its commencement through no fault of the committee, the application shall be deemed to be withdrawn by the applicant. Said six (6) month period may be extended by the committee upon good and sufficient cause shown by the applicant. A request for an extension must be filed by the applicant not less than thirty (30) days before the expiration of the six month period.

(5) Any applicant who is aggrieved by the panel’s decision may, within sixty (60) days after receipt of notice of the panel’s written decision, file with the administrative director a petition for reconsideration. The petition must contain new and additional material which the panel has not previously considered. Only one such petition for reconsideration may be filed. Within sixty (60) days of receipt of the petition for reconsideration, the committee shall make its findings of fact and recommendation for or against the admission of the applicant. The applicant shall be notified of the findings of fact and recommendation.

Art. VI-6. CONTINUING CRIMINAL ACTIONS.

Factors such as pending incarceration, probation, the restrictions of parole still in effect or unfulfilled sentences, while not determinative, will generally be considered to indicate that the rehabilitation process has not been completed.

Art. VI-7. CONDUCT IN VIOLATION OF THE RULES OF PROFESSIONAL CONDUCT.

Engaging in any conduct which would have subjected the applicant to discipline if he or she had already been a member of the bar will weigh strongly against a determination of good moral character and/or fitness. Similarly, lack of good standing in a jurisdiction where the applicant is (or was) admitted to the bar is indicative of a lack of good moral character and/or fitness.

Art. VI-8. CANDOR IN THE ADMISSION PROCESS.

Lack of candor in responding to questions posed on the application for admission to the bar in Connecticut (or elsewhere) or otherwise posed by the committee or its staff may be independent grounds for a finding of lack of good moral character and/or fitness notwithstanding the fact that the underlying information would not, standing alone, have been grounds for such a finding. The committee expects that all applicants will provide a complete and candid response to its inquiries, whether on the application or as part of a subsequent inquiry.

Art. VI-9. PROTOCOL FOR INQUIRY INTO HEALTH DIAGNOSIS OR DRUG OR ALCOHOL DEPENDENCE.

(A) Basis for Inquiry into Health Diagnosis or Drug or Alcohol Dependence. Any inquiry about a health diagnosis, drug or alcohol dependence, or treatment for either can occur only if it appears that the applicant has engaged in conduct that calls into question the person’s good moral character and/or fitness to practice law and (1) the health diagnosis, drug or alcohol dependence, or treatment information was disclosed voluntarily to explain the conduct or as a voluntary response to any question on the application or follow-up inquiry by the committee or (2) the committee learns from a third-party source that the health diagnosis, drug or alcohol dependence, or treatment was raised as an explanation for the conduct.

(B) Scope of Inquiry into Health Diagnosis or Drug or Alcohol Dependence. When a basis for an inquiry by the committee has been established, any such inquiry must be narrowly, reasonably, and individually tailored and adhere to the following:

(1) The first inquiry will be to request statements from the applicant;

(2) Following completion of the above inquiry, additional statements may be requested from treatment providers if reasonably deemed necessary by the committee. The statements of the treatment providers shall be accorded appropriate weight; and

(3) In those cases in which the statements from the applicant and treatment providers do not resolve reasonable concerns about the applicant’s good moral character and/or fitness to practice law, the committee may seek medical or treatment records by way of narrowly tailored requests in preparation for an Independent Medical Evaluation.

(C) Any testimony or records from medical or other treatment providers may be admitted into evidence at a formal hearing and transmitted with the record on review to the court. Records and testimony regarding the applicant’s fitness shall otherwise be kept confidential in all respects.

Art. VI-10. APPLICATION REVIEW.

The committee establishes the following policies regarding review and approval of applications for admission:

(A) Staff Review and Approval: Clear record; minor traffic violations (no felonies or misdemeanors); minor credit issues (no bankruptcy, judgment defaults or large loans in collection); honorable discharge from military; in good standing in each jurisdiction where admitted;

(B) Committee review: All other cases.

Art. VI-11. CONDUCT THAT CREATES A PRESUMPTION OF LACK OF GOOD MORAL CHARACTER AND/OR FITNESS TO PRACTICE LAW.

The following conduct creates a presumption of and may result, in the absence of evidence to the contrary, in a finding of lack of good moral character and/or fitness to practice law:

(A) Conviction of a felony

(B) Course of conduct evidencing disregard for the law and the rights of others

(C) Fraudulent conduct, which shall include, but not be limited to plagiarism and other forms of academic misconduct

(D) False, misleading or incomplete disclosure on application for admission to the bar in Connecticut or elsewhere

(E) Significant financial problems evidencing fiscal mismanagement

(F) Suspension, disbarment, or resignation pending disciplinary proceedings in another jurisdiction

(G) Revocation or suspension of another license or governmental authorization to conduct a profession, trade or business

(H) Substance abuse not under control

Art. VI-12. REAPPLICATION AFTER DENIAL.

(A) An applicant who is denied admission to the bar for lack of good moral character and/or fitness shall not be permitted to reapply within two (2) years of denial; the denial may specify a longer period of time. An applicant so denied shall be required to either retake and pass the bar examination or apply for admission on motion or by UBE score transfer if qualified.

(B) An applicant who is denied certification as an Authorized House Counsel or Foreign Legal Consultant for lack of good moral character and/or fitness shall not be permitted to reapply within one (1) year of denial; the denial may specify a longer period of time. An applicant so denied shall be required to either apply for Authorized House Counsel or Foreign Legal Consultant status, or take and pass the bar examination or apply for admission on motion or by UBE score transfer if qualified.

Art. VI-14. CHEATING AND OTHER DISHONEST CONDUCT.

(A) If it shall appear to the committee that there is credible evidence which would establish that an applicant has:

(1) either by omission or commission falsified the application or proofs required for admission to the bar examination or misrepresented the applicant’s eligibility to sit for the bar examination;

(2) either by omission or commission falsified the proofs required for admission to practice with or without examination or upon UBE score transfer or for certification as an Authorized House Counsel or a Foreign Legal Consultant;

(3) either by omission or commission falsified documentation submitted in support of a request for test accommodations under Article I-4 or secured such documentation under false pretenses;

(4) brought unauthorized items or materials into the examination room or otherwise violated the committee’s examination security policy;

(5) broken the seal on the question book, opened the question booklet, or reviewed the questions in the question book prior to the announcement that the examination has begun, or otherwise violated any of the oral or written instructions given in connection with the administration of the bar examination;

(6) possessed in any manner, reviewed and/or utilized any unauthorized notes, books, recordings, electronically retrievable data or other unauthorized materials during the bar examination, or secreted such materials for such use;

(7) written or designated any answers to questions on the bar examination prior to the announcement of the beginning of the examination session or written or designated any answers or other information on an answer sheet or booklet after the announcement of the conclusion of the session;

(8) sought, obtained or used answers or information from or given answers or information to another applicant or any other person during the bar examination;

(9) removed any examination materials or notes made during the examination from the examination room;

(10) memorized questions for the purpose of reporting and/or reported the substance of questions to any person or entity engaged in, or affiliated with any person or entity engaged in, the preparation of applicants to take the bar examination or otherwise violated the copyright protection afforded to bar examination materials;

(11) engaged in fraud, dishonesty or other misconduct in connection with an application to or the administration of the Multistate Professional Responsibility Examination (MPRE) or to a bar examination of any other jurisdiction;

(12) compromised or disrupted the process for admission to or administration of the bar examination; the committee shall serve written charges on such applicant by mail at the last address provided to the committee by the applicant, stating with particularity the facts upon which such charges are based. The applicant’s examination results shall be withheld pending the determination of the charges by the committee.

(B) The applicant, no later than thirty (30) days after the service of charges shall cause to be delivered to the Office of the Administrative Director an answer, signed under oath, to such charges. Such answer shall identify with specificity the charges disputed by the applicant, who shall set forth any evidence which can be adduced by the applicant in contradiction of such charges. The applicant may include in such written answer a request that the committee hold a hearing.

(C) In the event such applicant does not submit an answer signed under oath as provided in Subsection (B), the committee shall deem the facts set forth in the written charges to be true.

(D) In the event such applicant does not request a hearing, and the committee does not on its own motion determine to conduct a hearing, the committee shall make a determination based on the evidence submitted. For all matters presented to the committee, the rules of evidence shall be as in other administrative proceedings as set forth in the Uniform Administrative Procedure Act. The committee shall have the burden of proof by the preponderance of the evidence.

(E) If the applicant shall request a hearing, or if the committee, on its own motion, determines to conduct a hearing, the committee shall set a date for a hearing before a panel of the committee consisting of at least three (3) members appointed by the chairperson which shall have the power to act for the committee. Reasonable notice of the hearing shall be provided to the applicant.

(F) If the applicant shall be found guilty by reason of:

(1) applicant’s admission that such charges are true, in whole or in part; or

(2) applicant’s default in answering the written charges, in whole or in part; or

(3) determination of the committee, after a hearing, or where no hearing was conducted, after the committee’s review of the evidence submitted, such determination shall be set forth in the committee’s written decision and one or more of the following penalties, and any other penalty which the committee may deem appropriate, may be imposed:

(a) nullification of the examination taken or the application made by such applicant;

(b) disqualification of the applicant from taking the Connecticut Bar Examination or applying for admission on motion or by UBE score transfer or for certification as an Authorized House Counsel or a Foreign Legal Consultant for a period of five (5) years from the date of such admission or determination, unless the committee articulates reasons for a lesser period of time;

(c) invalidation or striking of one or more answers of the examination taken by such applicant, or the reduction of applicant’s final score by one or more points; and/or

(d) transmission of a written report of the matter to the bar admission authority and/or disciplinary authority in every jurisdiction of the United States and, where applicable, to any foreign jurisdiction deemed appropriate by the committee.

(G) The committee shall notify the applicant of its decision in writing as soon as practicable.

(H) The applicant shall be entitled to be represented and advised by counsel, at his or her own expense, at every stage of the proceeding. Any person who voluntarily appears or who is compelled to attend, and submit proof or testimony, at any hearing held pursuant to Subsection (E) of this Article shall be entitled to be represented and advised by counsel, at his or her own expense.

Art. VII-1.

The application for admission on motion under Practice Book Section 2-13 shall be made upon the official form obtainable from the administrative director, which forms shall be filed with the administrative director.

Art. VII-2.

Official transcripts of undergraduate and legal education sufficient to satisfy the committee that the applicant's educational qualifications meet the requirements of Practice Book Section 2-13 shall be submitted directly to the committee from the school.

Art. VII-3.

Applicants for admission on motion shall submit satisfactory proof of compliance with the professional responsibility requirement sufficient to satisfy Article IV of these regulations and Practice Book Section 2-13.

Art. VII-4.

There shall be a subcommittee on applications for admission to the Connecticut bar on motion, which subcommittee shall have the duty and authority to determine whether to accept, extend and/or revoke reciprocity to other jurisdictions.

Art. VII-5.

The administrative director shall give notice by publication on the committee’s website and in the Connecticut Law Journal of the names of the applicants for admission on motion. Any written objection received by the committee shall become part of the applicant’s file.

Art. VII-6.

(A) No person who has been disbarred from the practice of law in any jurisdiction, or who is a party to pending disbarment proceedings in any jurisdiction, or who has resigned from the bar pending disciplinary proceedings in any jurisdiction may apply for admission on motion to the Connecticut bar until he or she has been readmitted to practice without condition or restriction in the jurisdiction disbarring or accepting the resignation of such person or until the pending disbarment proceedings have been resolved in favor of the applicant.

(B) No person who has been suspended from the practice of law in any jurisdiction may apply for admission on motion to the Connecticut bar until the expiration of the period of suspension in the jurisdiction imposing such suspension.

Art. VIII-1.

The application for registration as authorized house counsel under Practice Book Section 2-15A shall be made upon the official form obtainable from the administrative director, which form shall be filed with the administrative director.

Art. VIII-2.

Applicants for registration as authorized house counsel shall submit such documents necessary to satisfy the requirements of Practice Book Section 2-15A(d) including:

(A) a sworn statement that the applicant has read the Connecticut Rules of Professional Conduct and Chapter 2 of the superior court rules and will abide by them;

(B) a sworn statement that the applicant submits to the jurisdiction of the statewide grievance committee and the superior court and authorizes the notification to and/or from the jurisdiction(s) in which the applicant is licensed to practice law regarding any disciplinary actions against the applicant;

(C) a sworn statement of all jurisdictions in which the applicant is now or has ever been licensed to practice law;

(D) a sworn statement disclosing all disciplinary actions against the applicant;

(E) the required certification from the applicant’s employer;

(F) the required affidavits from two Connecticut attorneys.

Art. VIII-3.

(A) No person who has been disbarred from the practice of law in any jurisdiction, or who is a party to pending disbarment proceedings in any jurisdiction, or who has resigned from the bar pending disciplinary proceedings in any jurisdiction may apply for Authorized House Counsel status until he or she has been readmitted to practice without condition or restriction in the jurisdiction disbarring or accepting the resignation of such person or until the pending disbarment proceedings have been resolved in favor of the applicant.

(B) No person who has been suspended from the practice of law in any jurisdiction may apply for Authorized House Counsel status until the expiration of the period of suspension in the jurisdiction imposing such suspension.

Art IX-1.

(A) Failure to file any required document in a timely manner may result in a delay in or a denial of the applicant's admission to the bar. Any application not completed within one (1) year of its filing shall be deemed to be withdrawn by the applicant. This one year period may be extended by the committee upon good cause shown by the applicant. Any request for extension must be filed by the applicant not less than thirty (30) days before the expiration of the one (1) year period.

(B) Failure to file an amendment in a timely manner may result in a delay in or a denial of the applicant’s admission to the bar. An amendment is considered timely when made within thirty (30) days of any occurrence, but no later than twenty-four (24) hours before being sworn in, that would change or render incomplete any answer on the application.

Art. IX-2

Any application not completed within nine (9) months of its filing must be updated by submission of a Supplemental Affidavit Updating Original Application (on a form to be designated by the administrative director). Failure to submit a Supplemental Affidavit Updating Original Application will render an application incomplete.

Art. IX-3.

If an application remains pending before the committee for character and fitness review for six (6) months from the date of the notice of such review, the applicant shall submit a Supplemental Affidavit Updating Original Application (on a form to be designated by the administrative director). Any application for which a Supplemental Affidavit Updating Original Application is not submitted within three (3) months thereafter shall be deemed withdrawn by the applicant. This three (3) month period may be extended by the committee upon good cause shown by the applicant. Any request for extension must be filed by the applicant not less than thirty (30) days before the expiration of the three (3) month period.

Art. IX-4.

Each applicant must diligently pursue his or her application with the committee after it has been referred for further inquiry pursuant to Article VI. Applicants must respond in writing to inquiries and forward requested documentation to the committee within ninety (90) days of the inquiry, unless a longer deadline is set by the committee. An extension of time for good cause may be requested in writing prior to the expiration of the ninety (90) days or other deadline set by the committee. A grant of an extension shall be for a date certain.

Art. IX-5.

In the absence of good cause shown to the contrary, failure to respond to inquiries by the committee after referral for further inquiry pursuant to Article VI or to make a timely request for an extension of time to respond to such inquiries shall result in the application being deemed withdrawn. The committee shall notify the applicant in writing at the applicant’s last known correspondence address.

Art. IX-6.

Applicants recommended for admission to the bar or for certification as authorized house counsel or to practice as a foreign legal consultant shall be certified to a Connecticut Superior Court so that he or she may be sworn in. Such certification shall expire after one hundred and eighty (180) days. If such certification expires, an applicant must update his or her application, including the filing of a Supplemental Affidavit Updating Original Application, before he or she may be recertified for an additional one hundred and eighty (180) days.

Art. IX-7.

An applicant recommended by the committee, but not admitted to the bar within five (5) years of the date of such recommendation, shall be required to either retake and pass the bar examination or apply for admission on motion or by UBE score transfer if qualified.

Art. X.

The following shall be the fees in connection with applications for admission to the bar:

(A) Application fee for admission by examination:

(1) First filing deadline: $800
(2) Final filing deadline: $900

(B) Application fee for admission by UBE score transfer: $750

(C) Application fee for admission without examination: $1,800

(D) Application fee for registration as authorized house counsel: $1000

(E) Military Spouse Temporary Licensing:

(1) Application Fee: $750
(2) Renewal Fee: $300

(F) Application fee for foreign legal consultant: $500

(G) Petition for determination on foreign education: $500

(H) Investigation under Sec. 2-8(8): $50

(I) Copy of prior examination answers (includes questions): $35

(J) Copy of applicant's application: $15

(K) Copy of applicant’s written answers: $20

(L) Confirmation of applicant’s written scores: $10

(M) Transmittal of applicant's MBE score to another jurisdiction: $25

(N) Replacement of examination scores and information: $15

(O) Replacement of admission certificate: $20

 

 

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