Rule 14-720. Confidentiality.
(a) Confidentiality. Confidential Information relating to admissions
shall not be disclosed other than as permitted by this article. Confidential
Information includes but is not limited to all records, documents, reports,
letters and sources whether or not from other agencies or associations,
relating to admissions and the examination and grading process.
(b) Disclosure of Confidential Information in admissions process.
Nothing in this article limits disclosure of Confidential Information to the
Board and the Bar's employees, committees and their agents in connection with
the performance of and within the scope of their duties. The Bar is authorized
to disclose information relating to Applicants as follows:
(b)(1) records pertaining to an Applicant as authorized by the
Applicant in writing for release to others;
(b)(2) information to the NCBE regarding
persons who have filed applications for admission;
(b)(3) the names of Applicants and the names of Applicants who are
eligible for admission to the Bar; and
(b)(4) the Applicant’s exam results to the law school from which the
Applicant graduated.
(c) Disclosure of Confidential Information to Applicant. An Applicant
and an Applicant's attorney are entitled to Confidential Information directly
related to the Applicant:
(c)(1) which is to be considered by the Character and Fitness Committee
in conjunction with a formal hearing in accordance with Rule 14-708(c); and
(c)(2) as permitted by Rule 14-714.
(d) Privileged Information. Neither an Applicant nor an Applicant's
attorney nor any person is entitled to Privileged Information.
(e) Communications relating to applications. Letters or information
relating to an Applicant in which the writer requests confidentiality shall not
be placed into evidence or otherwise made available to the decision-making body
or anyone else involved in a decision-making capacity with respect to the
admission of the Applicant. Such material will be destroyed by the admissions office.
Any person having knowledge of the content of the information shall withdraw
from participation in the matter, and if necessary persons shall be appointed
to replace those required to withdraw from the decision-making process.
(f) Release of information. Except as otherwise authorized by order of
the Supreme Court, the Bar shall deny requests for Confidential Information but
may grant the request if made by one of the following entities:
(f)(1) an entity authorized to investigate the qualifications of
persons for admission to practice law;
(f)(2) an agency or entity authorized to investigate the qualifications
of persons for government employment;
(f)(3) a lawyer discipline enforcement agency; or
(f)(4) an agency or entity authorized to investigate the qualifications
of judicial candidates.
(g) Release of Confidential Information. If the request for
Confidential Information is granted, it shall be released only upon
certification by the requesting agency or entity that the Confidential
Information shall be used solely for authorized purposes. If one of the
above-enumerated entities requests Confidential Information, the Bar shall give
written notice to the Applicant that the Confidential Information will be
disclosed within ten calendar days unless the Applicant obtains an order from
the Supreme Court restraining such disclosure.
(h) Immunity from civil suits. Participants in proceedings conducted
under this article shall be entitled to the same protections for statements
made in the course of the proceedings as participants in judicial proceedings.
The admissions-related committee members, the Deputy General Counsel, the
General Counsel and admissions staff shall be immune from suit for any conduct
committed in the course of their official duties, including the investigatory
stage. There is no immunity from civil suit for intentional misconduct.
(i) Persons providing information to
admission office or admissions-related committees. Every person or entity shall
be immune from civil liability for providing, in good faith, documents,
statements of opinion, records or other information regarding an Applicant or
potential Applicant for admission to the Bar to the admissions office or to
those members of the admissions-related committees.