IN RE: RULES GOVERNING ADMISSION
to the BAR of ARKANSAS

___ S.W.3d ___

Supreme Court of Arkansas
Opinion delivered February 26, 2004

Per Curiam. By per curiam order of June 12, 2003, we noted that the Arkansas State Board of Law Examiners (Board) had recommended the reinstatement of admission to the Bar of Arkansas by motion. In that per curiam order, we sought comment from the Bench and the Bar on that proposal.

Subsequently, we received numerous comments from members of the State and Federal Judiciary as well as many Arkansas attorneys and attorneys from other states. All comments were supportive of an admission on motion provision.

However, a few of the commentators recommended requiring a passing score on the Multistate Professional Responsibility Examination (MPRE) as part of the admission on motion requirement. In consequence of these comments, we referred the matter back to the Board by per curiam order dated October 9, 2003.

The Board of Law Examiners has now filed a report with this Court. The Board recommends that passing the MPRE not be added as a requirement of our admission on motion rule. The Board notes such a requirement is contrary to the underlying philosophy of admission on motion, that is, less state restrictions on the movement of attorneys across state lines. Further, the addition of such a requirement might hinder motion admission of Arkansas attorneys in other jurisdictions.

We adopt the admission on motion rule as it appears on the attachment to this order. The rule shall be added to our existing Rules Governing Admission to the Bar as Rule XVI. The effective date of this rule will be October 1, 2004. Between now and then, the Board of Law Examiners is directed to determine an appropriate fee for this new mode of admission to the Bar of Arkansas and report back to this Court. In addition, the Board of Law Examiners is directed to develop appropriate forms and procedures and determine whether other rules of our Rules Governing Admission to the Bar must be amended as a result of the adoption of this rule.

The Court extends its gratitude to the members of the Board of Law Examiners who haveexpended a significant amount of time in studying this very important matter.

ADMISSION ON MOTION

An applicant who meets the requirements of (a) through (i) of this rule may, upon motion, be admitted to the practice of law in this jurisdiction.

The applicant shall:

have been admitted to practice law in another state, territory, or the District of Columbia;

hold a first professional degree in law (J.D. or L.L.B.) from a law school approved by the American Bar Association at the time the degree was conferred;

have been primarily engaged in the active practice of law in one or more states, territories or the District of Columbia for five of the seven years immediately preceding the date upon which the application is filed;

establish that the state, territory, or the District of Columbia in which the applicant has or had his or her principal place of business for the practice of law, or, in which he or she was or is domiciled and admitted before seeking admission here, would allow attorneys from this State a similar accommodation as set forth in this rule;

establish that the applicant is currently a member in good standing in all jurisdictions where admitted;

establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction;

establish that the applicant possesses the character and fitness to practice law as set out in Rule XIII of these rules;

designate the Clerk of this Court for service of process; and,

pay a fee as may be set by this Court.

For the purposes of this rule, the "active practice of law" shall include the following activities, if performed in a jurisdiction in which the applicant is admitted, or if performed in a jurisdiction that affirmatively permits such activity by a lawyer not admitted to practice; however, in no event shall activities listed under (2)(e) and (f) that were performed within Arkansas in advance of bar admission here, be accepted toward the durational requirement:

(a) Representation of one or more clients in the practice of law;

(b) Service as a lawyer with a local, state, territorial or federal agency, including military service;

(c) Teaching law at a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association;

(d) Service as a judge in a federal, state, territorial or local court of record;

Service as a judicial law clerk; or,

Service as corporate counsel.

For the purposes of this rule, the active practice of law shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located.

An applicant who has failed a bar examination administered in Arkansas within five years of the date of filing an application under this rule shall not be eligible for admission on motion.

Proceedings under this rule shall be governed by the relevant provisions of Rule XIII of these rules.