Rules Title 4 Division 1 Admissions Rules

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TITLE 4. ADMISSIONS AND EDUCATIONAL STANDARDS

Adopted July 2007

DIVISION 1. ADMISSION TO PRACTICE LAW IN CALIFORNIA

Chapter 1. General Provisions

Rule 4.1 Authority

The California Supreme Court exercises inherent jurisdiction over the practice of law in

California. The Committee of Bar Examiners (“the Committee”) is authorized by law, pursuant

to the authority delegated to it by the Board of Trustees, to administer the requirements for

admission to practice law; to examine all applicants for admission; and to certify to the

Supreme Court for admission those applicants who fulfill the requirements.

Rule 4.1 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.2 Scope of Rules

These rules apply to persons seeking to practice law in California. Nothing in these rules may be

construed as affecting the power of the California Supreme Court to exercise its inherent

jurisdiction over the practice of law in California.

Rule 4.2 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.3 Definitions

These definitions apply to the rules in this Division unless otherwise indicated.

(A) An “American Bar Association Approved Law School” is a law school fully or provisionally

approved by the American Bar Association and deemed accredited by the Committee.

(B) An “attorney applicant” is an applicant who is or has been admitted as an attorney to

the practice of law in any jurisdiction.

applicants may apply, provided they have been admitted to the active practice of law in

a United States jurisdiction at least four years immediately prior to the first day of

administration of the examination and have been in good standing during that period.

The Attorneys’ Examination includes essay questions and performance tests of the

General Bar Examination but not its multiple-choice questions.

Business & Professions Code § 6046.

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(D) A “California accredited law school” is a law school accredited by the Committee but not

approved by the American Bar Association.

(E) The “California Bar Examination” is the examination administered by the Committee

that an applicant must pass to be certified to the California Supreme Court as qualified

for admission to practice law in California. The California Bar Examination includes the

General Bar Examination and the Attorneys’ Examination.

(F) “The Committee” is the Committee of Bar Examiners of the State Bar of California or,

unless otherwise indicated, a subcommittee of two or more of its members whom the

Committee authorizes to act on its behalf.

(G) “Director of Admissions” or “Director, Admissions” means the Director of the State Bar

Office of Admissions, or that person’s designee.

(H) A “general applicant” is an applicant who has not been admitted as an attorney to the

practice of law in any jurisdiction.

(I) The “General Bar Examination” is the California Bar Examination required of every

general applicant. The General Bar Examination consists of multiple-choice questions,

essay questions, and performance tests.

(J) The “First-Year Law Students’ Examination” is the examination that an applicant must

pass, unless otherwise exempt.

It includes questions on contracts, torts, and criminal

law.

(K) An “informal conference” is defined in Rule 4.45.

(L) The “Office of Admissions” (“Admissions”) is the State Bar office authorized by the

Board of Trustees and the Committee to administer examinations and otherwise act on

their behalf.

(M) “Receipt” of a document the State Bar or Committee sends an applicant is

(1) calculated from the date of mailing and is deemed to be five days from the date

of mailing to a California address; ten days from the date of mailing to an

address elsewhere in the United States; and twenty days from the date of

mailing to an address outside the United States; or

(2) when the State Bar or Committee delivers a document physically by personal

service or otherwise.

Business & Professions Code § 6060(h).

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(N) “Receipt” of a document sent to the State Bar or Committee is when it is physically

received at the Office of Admissions.

(O) An “unaccredited law school” is a correspondence, distance-learning, or fixed-facility

law school operating in California that the Committee registers but does not accredit.

(P) For purposes of calculating law study credit toward meeting the legal education

requirements necessary to qualify to take the First-Year Law Students’ Examination and

California Bar Examination, a “year” is defined as the law study successfully completed

in the time between the same calendar dates for consecutive calendar years, minus one

day.

Rule 4.3 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.4 Confidentiality

Applicant records are confidential unless required to be disclosed by law;

required by the State

Bar’s Executive Director, Chief Trial Counsel, or General Counsel to fulfill their responsibilities

for regulation of the practice of law; or authorized by the applicant in writing for release to

others.

Rule 4.4 adopted effective September 1, 2008.

Rule 4.5 Submissions

(A) A document filed with the State Bar or Committee pursuant to these rules must be

completed according to instructions; verified or made under penalty of perjury;

and

submitted with any required fee.

(B) A document, which must be complete as defined by the instructions for filing, is deemed

filed upon receipt.

applicant is used to establish identity of the applicant, to determine the moral character

of the applicant, and to disclose criminal records of the applicant in California or

elsewhere. Any information obtained as a result of fingerprint submission is confidential

and for official use of the Committee and the State Bar.

(D) Information on an examination application that is not required but submitted

voluntarily, including ethnic survey and identification information furnished with

applications to take the California Bar Examination, is separated from the applications at

Evidence Code § 1040, Business & Professions Code §§ 6044.5, 6060.2, 6060.25, 6086, and 6090.6.

Code of Civil Procedure § 2015.5.

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initial processing and may not be associated with applicants, their files, or their

examination answers during grading unless there is reasonable doubt about the identity

of a person taking an examination and the State Bar requires the information to verify

identity.

Rule 4.5 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.6 Investigations and hearings

In conducting an investigation or hearing, the Committee or the State Bar Court may receive

evidence; administer oaths and affirmations; and compel by subpoena the attendance of

witnesses and the production of documents.

Rule 4.6 adopted effective September 1, 2008.

Rule 4.7 Statistics

The State Bar may publish statistics for each examination in accordance with its policies.

Rule 4.7 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.8 Extensions of time

The time limits for State Bar or Committee actions specified in these rules are norms for

processing. The time limits are not jurisdictional and the State Bar or Committee may extend

them for good cause.

Rule 4.8 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.9 Review by Supreme Court

An applicant refused certification to the Supreme Court of California for admission to practice

law in California may have the action of the Committee reviewed by the Supreme Court of

California in accordance with its procedures.

Rule 4.9 adopted effective September 1, 2008.

Rule 4.10 Fees

Applicants shall pay reasonable fees, fixed by the Board of Trustees, for services such as

application filing, reports, copying documents and providing letters of verification.

Rule 4.10 adopted effective November 14, 2009; previously amended effective January 1, 2012; amended effective

September 1, 2019.

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Chapter 2. Overview Of Admission Requirements

Rule 4.15 Certification to California Supreme Court

To be eligible for certification to the California Supreme Court for admission to the practice of

law, an applicant for admission must:

(A) be at least eighteen years of age;

(B) file an Application for Admission with the State Bar;

in another jurisdiction, determination of moral character, and examinations;

(D) be in compliance with California court-ordered child or family support obligations

pursuant to Family Code § 17520;

(E) be in compliance with tax obligations pursuant to Business and Professions Code section

494.5;

(F) until admitted to the practice of law, notify the State Bar within thirty days of any

change in information provided on an application; and

(G) otherwise meet statutory criteria for certification to the Supreme Court.

Rule 4.15 adopted effective September 1, 2008; previously amended effective January 17, 2014; amended effective

September 1, 2019.

Rule 4.16 Application for Admission

(A) An Application for Admission consists of an Application for Registration, an Application

for Determination of Moral Character, and an application for any required examination.

Each application must be submitted with the required documentation and the fees set

forth in the Schedule of Charges and Deadlines. The State Bar determines when an

application is complete.

(B) The Application for Registration must be approved, before any other application is

submitted. The applicant is required by law either to provide a Social Security Number

on the application or to request an exemption because of ineligibility for a Social

Business & Professions Code § 6060.

Business & Professions Code § 30, Family Code § 17520.

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Security Number.

Registration is deemed abandoned if all required documentation and

fees have not been received within sixty days of submittal. No refund is issued for an

abandoned registration.

submit an Application for Determination of Moral Character, an application for any

examination as required by these rules and any other document or petition permitted

by these rules.

Rule 4.16 adopted effective September 1, 2008; previously amended effective November 14, 2009; amended

effective September 1, 2019.

Rule 4.17 Admission certification and time limit

(A) No later than five years from the last day of administration of the California Bar

Examination the applicant passes,

(1) an applicant must meet all requirements for admission for certification by the

Committee to the California Supreme Court; and

(2) upon receipt of an order from the Court, take the attorney’s oath and meet State

Bar registration requirements to be eligible to practice law in California.

(B) The State Bar may extend this five-year limit for good cause shown by clear and

convincing evidence in a particular case but not for an applicant’s negligence or the

result of an applicant having received a negative moral character determination.

30 days of service of the notice of decision.

Rule 4.17 adopted effective September 1, 2008; previously amended effective November 14, 2009; amended

effective September 1, 2019.

Chapter 3. Required Education

Rule 4.25 General education

Before beginning the study of law, a general applicant must have completed at least two years

of college work or demonstrated equivalent intellectual achievement, which must be certified

by the law school the applicant is attending upon request by the Committee.

Business & Professions Code § 6060.6.

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(A) “Two years of college work” means a minimum of sixty semester or ninety quarter units

of college credit

(1) equivalent to at least half that required for a bachelor’s degree from a college or

university that has degree-granting authority from the state in which it is

located; and

(2) completed with a grade average adequate for graduation.

(B) “Demonstrated equivalent intellectual achievement” means achieving acceptable scores

on Committee-specified examinations prior to beginning the study of law.

Rule 4.25 adopted effective September 1, 2008.

Rule 4.26 Legal education

General applicants for the California Bar Examination must

(A) have received a juris doctor (J.D.) or bachelor of laws (LL.B) degree from a law school

approved by the American Bar Association or accredited by the Committee; or

(B) demonstrate that in accordance with these rules and the requirements of Business &

Professions Code §6060(e)(2) they have

(1) studied law diligently and in good faith for at least four years in a law school

registered with the Committee; in a law office; in a judge’s chambers; or by some

combination of these methods; or

(2) met the requirements of these rules for legal education in a foreign state or

country; and

Rule 4.26 adopted effective September 1, 2008; amended effective July 22, 2011.

Rule 4.27 Study in a fixed-facility unaccredited law school

To receive credit for one year of study in a fixed-facility unaccredited law school registered with

the Committee, a student must receive passing grades in courses requiring classroom

attendance by its students for a minimum of 270 hours a year.

Rule 4.27 adopted effective September 1, 2008.

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Rule 4.28 Study by correspondence or distance learning

(A) To receive credit for one year of study by correspondence or distance learning in an

unaccredited law school registered with the Committee, a student must receive passing

grades in courses requiring at least 864 hours of preparation and study over no fewer

than forty-eight and no more than fifty-two consecutive weeks in one year evidenced by

a transcript that indicates the date each course began and ended.

(B) To receive credit for one-half year of study by correspondence or distance learning in an

unaccredited law school registered with the Committee, a student must receive passing

grades in courses requiring at least 432 hours of preparation and study over no fewer

than twenty-four and no more than twenty-six consecutive weeks, evidenced by a

transcript that indicates the date each course began and ended.

begin a subsequent year of study prior to completion of one year of study as defined in

rule 4.3(P) of these rules.

Rule 4.28 adopted effective September 1, 2008; amended effective July 22, 2011.

Rule 4.29 Study in a law office or judge’s chambers

(A) A person who intends to comply with the legal education requirements of these rules by

study in a law office or judge’s chambers must

(1) submit the required form with the fee set forth in the Schedule of Charges and

Deadlines within thirty days of beginning study;

(2) submit semi-annual reports, as required by section (B)(5) below on the

Committee’s form with the fee set forth in the Schedule of Charges and

Deadlines within thirty days of completion of each six-month period; and

(3) have studied law in a law office or judge’s chambers during regular business

hours for at least eighteen hours each week for a minimum of forty-eight weeks

to receive credit for one year of study or for at least eighteen hours a week for a

minimum of twenty-four weeks to receive credit for one-half year of study.

(B) The attorney or judge with whom the applicant is studying must

(1) be admitted to the active practice of law in California and be in good standing for

a minimum of five years;

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(2) provide the Committee within thirty days of the applicant’s beginning study an

outline of a proposed course of instruction that he or she will personally

supervise;

(3) personally supervise the applicant at least five hours a week;

(4) examine the applicant at least once a month on study completed the previous

month;

(5) report to the Committee every six months on the Committee’s form the number

of hours the applicant studied each week during business hours in the law office

or chambers; the number of hours devoted to supervision; specific information

on the books and other materials studied, such as chapter names, page

numbers, and the like the name of any other applicant supervised and any other

information the Committee may require; and

(6) not personally supervise more than two applicants simultaneously.

Rule 4.29 adopted effective September 1, 2008; amended effective November 14, 2009.

Rule 4.30 Legal education in a foreign state or country

Persons who have studied law in a law school in a foreign state or country may qualify as

general applicants provided that they

(A) have a first degree in law, acceptable to the Committee, from a law school in the foreign

state or country and have completed a year of legal education at an American Bar

Association Approved Law School or a California accredited law school in areas of law

prescribed by the Committee; or

(B) have a legal education from a law school located in a foreign state or country without a

first degree in law, acceptable to the Committee, and

(1) have met the general education requirements;

(2) have studied law as permitted by these rules in a law school, in a law office or

judge’s chambers, or by any combination of these methods (up to one year of

legal education credit may be awarded for foreign law study completed); and

(3) have passed the First-Year Law Students' Examination in accordance with these

rules and Committee policies.

Rule 4.30 adopted effective September 1, 2008.

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(A) An applicant who is required to pass the First-Year Law Students’ Examination will not

receive credit for any law study until the applicant passes the examination. An applicant

who passes the examination within three consecutive administrations of first becoming

eligible to take the examination, will receive credit for all law study completed to the

date of the administration of the examination passed, subject to any restrictions

otherwise covered by these rules. An applicant who does not pass the examination

within three consecutive administrations of first becoming eligible to take the

examination but who subsequently passes the examination will receive credit for his or

her first year of law study only.

(B) If any of the first three administrations of the First-Year Law Students’ Examination

described in paragraph (A) includes the June 2020 administration, that examination shall

not be counted towards the requirements set forth in paragraph (A).

Rule 4.31 adopted effective November 14, 2009; amended effective January 1, 2021.

Rule 4.32 Repeated courses

The Committee does not recognize credit for repetition of a course or substantially the same

course.

Rule 4.32 adopted as Rule 4.31 effective September 1, 2008; renumbered as Rule 4.32 effective November 14, 2009.

Rule 4.33 Evaluation of study completed or contemplated

An applicant may request that the Committee determine whether general or legal education

contemplated or completed by the applicant meets the eligibility requirements of these rules

for beginning the study of law, the First-Year Law Students’ Examination or the California Bar

Examination. The request must be submitted on the required form with certified transcripts

and the fee set forth in the Schedule of Charges and Deadlines. A written response indicating

whether or not the education is sufficient will be issued within sixty days of receipt of the

request.

Rule 4.33 adopted as Rule 4.32 effective September 1, 2008; renumbered as rule 4.33 effective November 14, 2009.

Rule 4.31 Credit for law study after passing the First-Ye

ar Law Students’ Examination

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Chapter 4. Moral Character Determination

Rule 4.40 Moral Character Determination

(A) An applicant must be of good moral character as determined by the State Bar . The

applicant has the burden of establishing that he or she is of good moral character.

(B) “Good moral character” includes but is not limited to qualities of honesty, fairness,

candor, trustworthiness, observance of fiduciary responsibility, respect for and

obedience to the law, and respect for the rights of others and the judicial process.

Rule 4.40 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.41 Application for Determination of Moral Character

(A) An applicant must submit an Application for Determination of Moral Character with

required fingerprints and the fee set forth in the Schedule of Charges and Deadlines. An

attorney who is suspended for disciplinary reasons or disbarred, has resigned with

disciplinary charges pending or is otherwise not in good standing for disciplinary reasons

in any jurisdiction may not submit an application.

(B) An Application for Determination of Moral Character may be submitted any time after

filing an Application for Registration but is deemed filed only when the application is

complete.

Rule 4.41 adopted effective September 1, 2008; amended effective November 14, 2009; previously amended

effective July 22, 2011; amended effective March 9, 2018.

Rule 4.42 Duty to update Application for Determination of Moral Character

Until admitted to practice law, an applicant who has submitted an Application for

Determination of Moral Character has a continuing duty to promptly notify the Office of

Admissions whenever information provided in the application has changed or there is new

information relevant to the application. Failure to provide updated information within thirty

days after the change or addition to the information originally submitted may be cause for

suspension of a positive moral character determination.

Rule 4.42 adopted effective September 1, 2008; amended effective November 14, 2009.

Rule 4.43 Abandonment of Application for Determination of Moral Character

(A) An Application for Determination of Moral Character is deemed abandoned and

ineligible for a refund of fees if

(1) it is not complete within sixty days after being initiated; or

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(2) it is complete but the applicant has failed to provide additional information

requested by the State Bar within ninety days of the request.

(B) An applicant may request a review by the Committee of the State Bar’s decision within

30 days of service of the notice of abandonment.

required fee if an application has been abandoned.

Rule 4.43 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.44 Withdrawal of Application for Determination of Moral Character

(A) An applicant may withdraw an Application for Determination of Moral Character any

time before being notified that the State Bar is unable to make a determination without

further inquiry and analysis.

(B) An applicant may withdraw an application filed with the State Bar Court for a hearing on

an adverse determination of moral character by filing a request for withdrawal with the

Office of Chief Trial Counsel and forwarding a copy to the Office of Admissions.

Rule 4.44 adopted effective September 1, 2008; previously amended effective November 18, 2016; amended

effective September 1, 2019.

Rule 4.45 Notice regarding status of Application for Determination of Moral Character

(A) Within 180 days of receiving a completed Application for Determination of Moral

Character, the State Bar notifies an applicant that its determination of moral character

is positive or that it requires further consideration. A positive determination is valid for

thirty-six months.

(B) While an Application for Determination of Moral Character remains pending, a status

report is issued to the applicant at least every 120 days.

notifies the applicant that

(1) the applicant is determined to be of good moral character;

(2) the applicant has not met the burden of establishing good moral character;

(3) the application requires further consideration;

(4) the applicant is invited to an informal conference; or

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(5) the applicant is advised to enter into an Agreement of Abeyance with the State

Bar.

Rule 4.45 adopted effective September 1, 2008; previously amended effective November 18, 2016; amended

effective September 1, 2019.

Rule 4.46 Informal conference regarding moral character

(A) Prior to rendering an adverse determination on a moral character application, the State

Bar shall invite the applicant to an informal conference regarding the application.

Acceptance of an invitation is not mandatory, and declining it entails no negative

inference.

(B) The Committee may establish procedures for an informal conference with the State Bar

and require the State Bar to create a record of it by tape recording, video recording, or

any other means. The applicant may attend the conference with counsel; make a

written or oral statement; and present documentary evidence. Counsel is limited to

observation and may not participate.

Rule 4.46 adopted effective September 1, 2008; previously amended effective November 14, 2009; amended

effective September 1, 2019.

Rule 4.47.1 Request for Review By the Committee of Adverse Determination

(A) An applicant notified of an adverse determination of moral character may request a

review by the Committee. The request must be submitted to the Office of Admissions

within 30 days of the date of the notice of the State Bar’s determination. The applicant

may submit supplemental material with the request.

(B) Within 60 days of receipt of the request for a review, the Committee will conduct a

review of the record, which may include a review of the transcript or recording of the

informal conference. The Committee may request additional information from the

applicant or from the State Bar. The Committee must notify the applicant of its final

determination within 30 days of its decision.

Rule 4.47.1 adopted effective September 1, 2019.

Rule 4.47 Appeal of adverse determination of moral character issued by Committee

(A) If the Committee issues an adverse determination of moral character, an applicant may

file a request for hearing on the determination with the State Bar Court in accordance

with the Rules of Procedure of the State Bar on Moral Character Proceedings. The

request must be filed with the fee set forth in the Schedule of Charges and Deadlines

within sixty days of the date of service of the notice of adverse determination.

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(B) A copy of the request for hearing must be served on the Office of Admissions and the

Office of Chief Trial Counsel. Upon receipt of service, the Committee must promptly

transmit all files related to the application to the Office of Chief Trial Counsel.

Rule 4.47 adopted effective September 1, 2008; previously amended effective July 24, 2015; amended effective

September 1, 2019.

Rule 4.48 Agreement of Abeyance

(A) The State Bar and an applicant may suspend processing of an Application for

Determination of Moral Character by an Agreement of Abeyance

(1) when a court has ordered an applicant charged with a crime to be treated,

rehabilitated, or otherwise diverted;

(2) when a court has suspended the sentence of an applicant convicted of a crime

and placed the applicant on probation;

(3) when an applicant is actively seeking or obtaining treatment for chemical

dependency or drug or alcohol addiction; or

(4) if the State Bar and an applicant otherwise agree.

(B) An Agreement of Abeyance must be in writing and specify the period and conditions of

abeyance. A copy must be provided to the applicant.

Rule 4.48 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.49 New application following adverse determination of moral character

The State Bar may permit an applicant who has received an adverse moral character

determination to file another Application for Determination of Moral Character two years from

the date of the final determination or at some other time set by the State Bar, for good cause

shown, at the time of its adverse determination.

Rule 4.49 adopted effective September 1, 2008; previously amended effective July 24, 2015; amended effective

September 1, 2019.

Rule 4.50 Suspension of positive determination of moral character

(A) Before certifying an applicant for admission to the practice of law, the State Bar may

notify an applicant that it has suspended a positive determination of moral character if

it receives information that reasonably calls the applicant’s character into question. The

notice must specify the grounds for the suspension.

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(B) The application of an applicant whose positive determination has been suspended is

processed in accordance with Rule 4.45.

Rule 4.50 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.51 Validity period of positive moral character determination

A positive determination of moral character is valid for thirty-six months. An applicant with a

positive determination who has not been certified to practice law within this validity period

must submit an Application for Extension of Determination of Moral Character.

Rule 4.51 adopted effective September 1, 2008.

Rule 4.52 Extension of positive moral character determination

(A) An applicant who has received a positive moral character determination may submit an

Application for Extension of Determination of Moral Character. The application must be

filed in the last six months of the initial thirty-six month validity period with the required

fingerprints and the fee set forth in the Schedule of Charges and Deadlines. If the State

Bar makes a positive determination before the initial thirty-six months expires, the

initial thirty-six months is extended an additional thirty-six months. If the State Bar

makes a positive determination after expiration of the initial thirty-six months, an

extension of thirty-six months begins at the time of its determination.

(B) An applicant may request a review by the Committee of the State Bar’s decision within

30 days of service of the notice of decision.

Rule 4.52 adopted effective September 1, 2008; amended effective September 1, 2019.

Chapter 5. Examinations

Rule 4.55 First-Year Law Students’ Examination requirement

(A) A general applicant intending to seek admission to practice law in California must take

the First-Year Law Students’ Examination unless the applicant

(1) has satisfactorily completed

(a) at least two years of college work as defined by these rules and the

Committee’s guidelines; and

(b) the first-year course of instruction

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(i) at a law school that was approved by the American Bar

Association or accredited by the Committee when the study was

begun or completed; and

(ii) the law school has advanced the person, whether or not on

probation, to the second-year of instruction; or

(2) is exempt by reason of study in a foreign law school as provided by these rules.

(B) An applicant who passes the First-Year Law Students’ Examination will receive credit for

(1) all law study completed upon passing the examination within three

administrations of the examination after first becoming eligible to take it; or

(2) the first year of law study only upon passing the examination after more than

three administrations of the examination after first becoming eligible to take it.

Rule 4.55 adopted effective September 1, 2008; amended effective July 22, 2011.

Rule 4.56 First-Year Law Students’ Examination

The First-Year Law Students’ Examination is given each year in June and October at test centers

in California designated by the State Bar. The State Bar develops the questions. Pursuant to the

authority delegated to it by the Board of Trustees, the Committee determines the

examination’s format, scope, topics, content, grading process, and passing score.

Rule 4.56 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.57 Exempt applicants taking First-Year Law Students’ Examination

An applicant who is exempt from the First-Year Law Students’ Examination may apply for and

take the examination. Failing the examination does not affect the applicant’s status under these

rules.

Rule 4.57 adopted effective September 1, 2008.

Rule 4.58 Application for the First-Year Law Students’ Examination

(A) An application to take the First-Year Law Students’ Examination in June must be

submitted by April 1. An application to take the examination in October must be

submitted by August 1. Applications received after these deadlines and by May 15 or

September 15 are subject to a late fee. Applications are not accepted after those dates.

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Application fees and late fees are set forth in the Schedule of Charges and Deadlines. If a

deadline falls on a non-business day, the deadline will be the next business day.

(B) Different deadlines for initial filing and late fees apply to applicants who fail the First-

Year Law Students’ Examination and intend to take the next scheduled examination.

These deadlines are set forth in the notice of examination results and are more than ten

days from the date those results are released.

application filing deadline are deemed abandoned and ineligible for a refund of fees.

(D) Applications for which eligibility documents have not been received by the date set

forth in the Schedule of Charges and Deadlines are abandoned and ineligible for a

refund of fees.

Rule 4.58 adopted effective September 1, 2008; amended effective November 14, 2009.

Rule 4.59 Multistate Professional Responsibility Examination

Every applicant must take and pass the Multistate Professional Responsibility Examination

(MPRE) administered by the National Conference of Bar Examiners, and receive a passing score

as determined by the Committee. The examination may be taken following completion of the

first year of law study or later. The Committee must receive official notice of an MPRE passing

score before an applicant is deemed to have passed the examination.

Rule 4.59 adopted effective September 1, 2008; amended effective July 22, 2011.

Rule 4.60 California Bar Examination

(A) The California Bar Examination is given each year in February and July at test centers in

California designated by the State Bar. Pursuant to the authority delegated to it by the

Board of Trustees, the Committee determines the examination’s format, scope, topics,

content, questions, and grading process.

(B) The State Bar provides the California Supreme Court a report on each administration of

the examination as soon as practical.

Rule 4.60 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.61 Applications for the California Bar Examination

(A) Applications for the California Bar Examination are available March 1 for the July

examination and October 1 for the February examination. To avoid imposition of a late

fee, an application must be submitted no later than April 1 for the July examination or

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November 1 for the February examination. Applications received after these deadlines

and by June 1 or January 1 are subject to late fees. Applications are not accepted after

those dates. Application fees and late fees are set forth in the Schedule of Charges and

Deadlines. If a deadline falls on a non-business day, the deadline will be the next

business day.

(B) Different deadlines for initial filing and late fees apply to applicants who fail the

California Bar Examination and intend to take the next scheduled examination. These

deadlines are set forth in the notice of examination results and are a minimum of ten

days from the date those results are released.

(1) they are incomplete or unsigned by the final examination application filing

deadline;

(2) the applicant has not provided additional information requested by the final

eligibility deadline; or

(3) eligibility cannot be determined by the final eligibility deadline.

Rule 4.61 adopted effective September 1, 2008; previously amended effective November 14, 2009; amended

effective September 1, 2019.

Rule 4.62 Access to examination answers and scores

(A) Within sixty days of the release of examination results, examination answers to the

written portions of the examination are returned to applicants for admission who have

failed the California Bar Examination or who have passed or failed the First-Year Law

Students’ Examination. This provision does not apply to the Multistate Professional

Responsibility Examination or the multiple-choice portion of the First-Year Law

Students’ Examination and California Bar Examination.

(B) Applicants who pass the California Bar Examination are not entitled to receive their

examination answers or to see their scores.

Rule 4.62 adopted effective September 1, 2008.

Chapter 6. Conduct At Examinations

Rule 4.70 Conduct required at examinations

Applicants are expected to conduct themselves professionally at all times at an examination

test center. Conduct that violates the security or administration of an examination may be

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reported to the State Bar as a Chapter 6 Notice or, in extreme cases, may require dismissal from

the examination test center. Unacceptable conduct may include, but is not limited to, having

unauthorized items, writing or typing after time has been called, looking at another applicant’s

answers, talking when silence is required, or abusive behavior. A copy of the Chapter 6 Notice is

provided to the applicant during or following an examination.

Rule 4.70 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.71 Reports of conduct violations

(A) The State Bar considers reports of the Chapter 6 Notices that have been issued to

applicants during or following an administration of an examination as soon as

practicable and no later than the first Committee meeting following the examination.

(B) If the State Bar affirms the Chapter 6 Notice, the applicant must be notified of its

proposed sanction within thirty days. Sanctions may include assigning a score of zero for

a question, a session, or an entire examination. An examination score may be held in

abeyance pending resolution of the matter.

Committee may establish specific sanctions for certain undisputed conduct violations,

such as bringing an unauthorized item into the examination room. An applicant

sanctioned for an undisputed conduct violation is not entitled to an administrative

hearing.

Rule 4.71 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.72 Request for an administrative hearing on conduct violation

(A) An applicant notified of a conduct violation for which a specific sanction has not been

established by examination rules or guidelines may file a request for an administrative

hearing. The request must be filed within twenty days of receipt of the notice or the

proposed sanction will take effect. For good cause shown by clear and convincing

evidence the State Bar may extend the filing deadline.

(B) Once an applicant has filed a request for an administrative hearing on a conduct

violation, the State Bar must schedule an administrative hearing within ninety days, or

at a later time for good cause, and notify the applicant of the time and place of the

hearing.

Rule 4.72 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

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Rule 4.73 Procedure for an administrative hearing on conduct violation

(A) The Committee may establish procedures for conducting administrative hearings on

conduct violations. A record of a hearing can be established by tape recording, video

recording, or any other means. The applicant may attend the administrative hearing

with counsel; make a written or oral statement; and present documentary evidence.

Applicant’s counsel is limited to observation and may not participate.

(B) The State Bar has the burden of establishing by clear and convincing evidence that a

violation occurred.

after the administrative hearing, which must be served on the applicant and counsel

present at the hearing. The State Bar may recommend the sanction originally proposed

or any other action it deems appropriate.

Rule 4.73 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.74 Review of State Bar’s Findings and Recommendations by Committee

(A) An applicant may request review by the Committee of the Findings and

Recommendations within ten days of service. The Committee must consider the

applicant’s request, any record of the hearing, the Findings and Recommendations, and

any supplemental material the applicant provides in accordance with Committee

requirements during the Committee’s next regularly scheduled meeting. The Committee

may request additional information from the applicant or from the State Bar.

(B) The Committee may adopt the State Bar’s Findings and Recommendations or take any

other action it deems appropriate.

(D) If the applicant does not request review of the State Bar’s Findings and

Recommendations within ten days of service, the State Bar’s Findings and

Recommendations become the decision of the Committee.

Rule 4.74 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

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Chapter 7. Testing Accommodations

Rule 4.80 Eligibility for testing accommodations

Applicants with disabilities are granted reasonable testing accommodations provided that they

are capable of demonstrating that they are otherwise eligible to take an examination and, in

accordance with these rules, they

(A) have submitted an approved Application for Registration;

(B) submit a petition for testing accommodations on the State Bar’s forms with the required

documentation;

them from taking an examination under standard testing conditions; that testing

accommodations are necessary to address the functional limitations related to their

disabilities; and the testing accommodations sought are reasonable and appropriate for

their disabilities; and,

(D) separately apply for the examination for which testing accommodations are requested.

Rule 4.80 adopted effective September 1, 2008; previously amended effective November 14, 2009; amended

effective September 1, 2019.

Rule 4.81 Testing accommodations in general

(A) Petitions for testing accommodations are processed on a case-by-case basis.

(B) The State Bar makes its best effort to process petitions for testing accommodations

expeditiously but does not process petitions that are incomplete.

petitions and are not jurisdictional. The State Bar may extend them for good cause.

(D) An examination application fee is not refunded if a request for testing accommodations

is denied.

Rule 4.81 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.82 Definitions

These definitions apply to the rules on and petitions for testing accommodations.

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(A) A “disability” is a physical or mental impairment that limits one or more of an

applicant’s major life activities, and limits an applicant’s ability to demonstrate under

standard testing conditions that the applicant possesses the knowledge, skills, and

abilities tested on an examination.

(B) A “physical impairment” is a physiological disorder or condition or an anatomical loss

affecting one or more of the body’s systems.

syndrome, emotional or mental illness, attention deficit/hyperactivity disorder, or a

specific learning disability.

(D) A “reasonable testing accommodation” is an adjustment to or modification of standard

testing conditions that addresses the functional limitations related to an applicant’s

disability by modifications to rules, policies, or practices; removal of architectural,

communication, or transportation barriers; or provision of auxiliary aids and services,

provided that they do not

(1) compromise the security or validity of an examination or the integrity or of the

examination process;

(2) impose an undue burden on the State Bar; or

(3) fundamentally alter the nature of an examination or the Committee’s ability to

assess through the examination whether the applicant

(a) possesses the knowledge, skills, and abilities tested on an examination;

and

(b) meets the essential eligibility requirements for admission.

Rule 4.83 Guidelines for testing accommodations

(A) The State Bar publishes guidelines for documenting the need for testing

accommodations based on learning disabilities and attention deficit/hyperactivity

disorder, including testing required to establish the existence of the disability and the

reasonableness of the accommodations requested.

(B) The State Bar may publish guidelines for other disabilities accommodated on past

examinations.

Rule 4.83 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.82 adopted effective September 1, 2008; amended effective September 1, 2019.

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Rule 4.84 When to file a petition for testing accommodations

(A) A Petition For Testing Accommodations is not an application for a bar examination.

Filing one does not constitute filing the other or initiate its processing. An applicant

must separately apply for an examination.

(B) An applicant is encouraged to file a Petition For Testing Accommodations as far in

advance as practicable. To allow sufficient processing time, general applicants are

encouraged to submit their petitions at least by the beginning of their last year of law

study and attorney applicants no later than six months prior to the examination they

wish to take. If an applicant waits until the final examination application deadline for a

particular examination to petition for testing accommodations, it is possible that

processing will not be completed or the applicant will not be able to complete all

required or available procedures prior to administration of the examination.

than

(1) January 1 for the February California Bar Examination;

(2) June 1 for the July California Bar Examination;

(3) May 15 for the June First-Year Law Students’ Examination; or

(4) September 15 for the October First-Year Law Students’ Examination.

If a deadline falls on a non-business day, the deadline will be the next business day.

Deadlines are not extended or waived for any reason except as permitted in Rule 4.87.

(D) Depending on the nature of a disability and the date on which a petition is filed, the

State Bar may determine that the changing nature of a disability requires that the

applicant file a new petition nearer the examination date or that a decision regarding

the petition be deferred.

Rule 4.84 adopted effective September 1, 2008; amended effective November 14, 2009; previously amended

effective July 22, 2011; amended effective September 1, 2019.

Rule 4.85 Initial Petition For Testing Accommodations

(A) An applicant with a qualified disability seeking testing accommodations must file a

Petition for Testing Accommodations on the State Bar’s form.

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(B) In addition to the Petition for Testing Accommodations, a qualified applicant seeking

testing accommodations must also provide with the petition the specific specialist

verification forms the State Bar determines are appropriate to verify applicants’

disabilities.

the petition with the designated State Bar form, completed by a law school official or

legal education supervisor.

(D) If another state has provided accommodations for its bar examination, a qualified

applicant must submit the petition with the designated State Bar form, completed by an

official responsible for testing accommodations.

(E) If another testing agency has provided accommodations for its examination, a qualified

applicant may be required to submit the petition with a copy of the accommodations

notice.

(F) A Petition for Testing Accommodations is considered complete only upon receipt of all

required forms that have been completed according to instructions. A petition that is

incomplete by a final examination application deadline is not processed for that

examination.

Rule 4.85 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.86 Subsequent petitions for testing accommodations

(A) Testing accommodations are not automatically extended upon failure of an examination

but must be requested for a subsequent examination any time before the examination

application deadline.

(B) An applicant who is permanently disabled may petition for the same accommodations

rather than submit an entirely new petition. A subsequent petition must be made in

accordance with State Bar’s requirements.

than those previously granted must file a new Petition for Testing Accommodations by

the application final filing deadline if filed in connection with a particular administration

of an examination.

Rule 4.86 adopted effective September 1, 2008; previously amended effective November 14, 2009; amended

effective September 1, 2019.

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An applicant who becomes disabled after a final examination application filing deadline may file

a Petition for Testing Accommodations, which must include the forms required by Rule 4.85,

with a request that it be considered as an emergency petition. Documentation explaining the

nature, date, and circumstances of the emergency must be filed with the petition. Receipt of

the petition and supporting documentation must be at least ten days before the first day of the

examination. This rule does not apply to disabilities that existed before the final deadline for an

examination application, whether or not they were diagnosed or a visit to a treating

professional could be arranged.

Rule 4.87 adopted effective September 1, 2008.

Rule 4.88 State Bar response to Petition For Testing Accommodations

(A) An applicant who has filed a Petition For Testing Accommodations in accordance with

these rules is notified in writing within thirty days of receipt when additional

information is required, and within sixty days when the petition is granted, granted with

modifications, denied, or action is pending.

(B) If a complete petition is filed at least six months before the examination for which

testing accommodations are sought, the applicant may expect a final determination at

least a month before the examination.

specialist who has treated the petitioner.

(D) A notice of denial of a Petition For Testing Accommodations or a modified grant states

the reasons for the denial or modifications, and advises the petitioner of any right to

appeal. The notice may include an excerpt of a consultant’s evaluation.

Rule 4.88 adopted effective September 1, 2008; previously amended effective July 22, 2011; amended effective

September 1, 2019.

Rule 4.89 Applicant response to proposed modification or request for information

An applicant has thirty days to respond to a request for additional information unless an

examination schedule requires a shorter time. If the applicant fails to make a timely response,

the request is processed on the basis of information submitted.

Rule 4.89 adopted effective September 1, 2008.

Rule 4.90 Committee review of denied or modified petition

(A) An applicant notified that a Petition For Testing Accommodations has been denied or

granted with modifications may request a review by the Committee. The request must

Rule 4.87 Emergency petitions for testing accommodations

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be submitted within ten days of the date of the denial or modified grant or some other

reasonable period established by the Committee.

(B) Requests for review filed in connection with a particular administration of an

examination must be filed no later than the first business day of the month in which the

examination is to be administered. Requests received after that date will be considered

in connection with future administration of the examination.

Admissions may withdraw the prior decision and grant the accommodations requested.

(D) If the Director of Admissions does not grant the request, the Committee must consider

it as soon as practicable. The review must be based on the original petition and

supporting documentation provided by the applicant and the Director of Admissions.

Oral argument is not permitted. The review must be conducted in closed session either

at a regular meeting or one specially convened. The Committee delegates decision

making authority to the Examinations Subcommittee for all time-sensitive testing

accommodation reviews.

Rule 4.90 adopted effective September 1, 2008; amended effective September 1, 2019.

Rule 4.91 Confidentiality of Petitions for Testing Accommodations

Petitions for Testing Accommodations, documentation submitted in support and evaluations of

requests are confidential.

Rule 4.91 adopted effective September 1, 2008.

Rule 4.92 False or misleading information in Petition For Testing Accommodations

False or misleading information in a Petition For Testing Accommodations is considered in

determining an applicant’s moral character and may result in a negative determination of moral

character.

Rule 4.92 adopted effective September 1, 2008.