Rule 14-715. Bar Examination
appeals.
(a) Request for review. A request for review, along with the prescribed
filing fee, must be filed with the Bar in writing within 30 calendar days of
the date that the Bar Examination results are mailed to the Applicant.
(b) Standard of review. The Board or its designees shall only review
the request of failing Applicants who claim that failure was because of a
substantial irregularity in the administration of the examination that resulted
in manifest unfairness or because of mathematical errors in the scoring of the
Applicant's examination. A substantial irregularity in the administration of
the examination will not be a matter that will result in questions or answers
being reread, reevaluated or regraded. The Board and
its designees shall not reread, reevaluate or regrade
Bar Examination answers.
(c) Bar Examination review and appeal procedure. The request for review
shall contain a short and plain statement of the reasons that the Applicant is
entitled to relief based on Rule 14-715(b).
(c)(1) Review panel and Board decision. The review panel consisting of
no fewer than three members of the Admissions Committee shall review all
relevant evidence. Requests for review setting forth common issues may be
consolidated in whole or in part as determined by the chair of the review
panel. The Admissions Committee shall file with a panel of three members of the
Board its written findings of fact and recommendation. The Board panel shall
make a decision on the request for review and shall notify the Applicant in
writing of its decision in the form of a final decision, which includes
findings of fact and conclusions of law.
(c)(2) Appeal process. Within 30 calendar days after the date of the
final decision, the Applicant may appeal to the Supreme Court by filing a
written notice of appeal with the clerk of the Supreme Court and serving a copy
upon the General Counsel. At the time of filing the notice of appeal, the
Applicant shall pay the prescribed filing fee to the clerk of the Supreme
Court. The clerk will not accept a notice of appeal unless the filing fee is
paid.
(c)(3) Records of proceedings. A record of the proceedings shall be
prepared by the Bar and shall be filed with the clerk of the Supreme Court
within 21 calendar days following the filing of the notice of appeal.
(c)(4) Appeal petition. An appeal petition shall be filed with the
Supreme Court 30 calendar days after a record of the proceedings has been filed
with the Supreme Court. The appeal petition shall state the name of the
petitioner and shall designate the Bar as respondent. The appeal petition must
contain the following:
(c)(4)(A) a statement of the issues presented and the relief sought;
(c)(4)(B) a statement of the facts necessary to an understanding of the
issues presented by the appeal;
(c)(4)(C) the legal argument supporting the petitioner's request; and
(c)(4)(D) a certificate reflecting service of the appeal petition upon
the General Counsel.
(c)(5) Format of appeal and response petitions. Except by permission of
the court, the appeal petition and the Bar's response shall not exceed 25
double-spaced pages, each. These documents shall be typewritten on 8 ½ inches
by 11 inches paper. The text, including footnotes, shall be in type no smaller
than 10 characters per inch for monospaced typeface
and 13-point or larger for proportionally spaced typeface. An original and six
copies of the appeal petition and the response petition shall be filed with the
clerk of the Supreme Court.
(c)(6) Within 30 calendar days after service of the appeal petition on
the Bar, the Bar, as respondent, shall file its response with the clerk of the
Supreme Court. At the time of filing, a copy of the response shall be served
upon the petitioner.
(c)(7) The clerk of the Supreme Court will notify the parties if any
additional briefing or oral argument is permitted. Upon entry of the Supreme
Court's decision, the clerk shall give notice of the decision.