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Rule 2. Eligibility for Examination.*
Section 1. Every general applicant for examination shall:
(a) File an application in a form prescribed by the Board and produce and file the evidence and documents prescribed by the Board in proof of eligibility for examination;
(b) Be a graduate with a degree of Juris Doctor (JD) or Bachelor of Laws (LLB) of a law school which was accredited or approved by the Council of Legal Education of the American Bar Association or the Association of American Law Schools when the applicant entered or graduated, or submit proof that the law course required for graduation for either the JD or LLB degree from such a law school will be completed and that a JD or LLB degree will be received as a matter of course before the date of examination. Certified proof of graduation shall be sent directly from the law school to the Alaska Bar Association and received prior to the date of the examination;
(c) Have attained the age of 18 years; and
(d) Be one whose conduct justifies the trust of clients, adversaries, courts and others with respect to the professional duties owed to them. Conduct manifesting a significant deficiency in the honesty, trustworthiness, diligence or reliability of an applicant is a basis for denial of admission.
Any of the following should be treated as cause for further inquiry before the bar examining authority decides whether the applicant possesses the character and fitness to practice law:
(1) a criminal conviction except minor traffic violations;
(2) academic misconduct which has resulted in disciplinary action;
(3) making of false statements under oath or affirmation, including omissions;
(4) acts involving dishonesty, fraud, deceit or misrepresentation;
(5) unjustifiable neglect of financial obligations;
(6) violation of an order of a court;
(7) evidence of mental or emotional disorders;
(8) evidence of drug or alcohol abuse or dependency;
(9) denial of admission to the Bar in another jurisdiction on character and fitness grounds;
(10)00disciplinary action by an attorney disciplinary agency, other professional disciplinary agency or any governmental or administrative agency of any jurisdiction.
In weighing each of the above factors, the following should be considered in assigning weight and significance to prior conduct or condition:
(1) the applicant's age at the time of the conduct or condition;
(2) the recency of the conduct or condition;
(3) the reliability of the information concerning the conduct or condition;
(4) the seriousness of the conduct or condition;
(5) the circumstances surrounding the conduct or condition;
(6) the cumulative effect of conduct, condition or information;
(7) the evidence of stabilization or rehabilitation;
(8) the applicant's positive social contribution since the conduct or condition;
(9) the applicant's truthfulness in the admissions process; and
(10)00the materiality of any omissions or misrepresentations.
Section 2. (a) An applicant who meets the requirements of (a) through (d) of Section 1 of this Rule and
(1) has passed a written examination required by another reciprocal state, territory, or the District of Columbia for admission to the active practice of law, and
(2) has 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 of his or her application, may, upon motion be admitted to the Alaska Bar Association without examination. The motion shall be served on the executive director of the Alaska Bar Association and sponsored by a member in good standing of the Alaska Bar Association. An applicant will be excused from taking the bar examination upon compliance with the conditions above, and payment of a non-refundable fee to be set by the Board for applicants seeking admission on motion. For the purposes of this section, "reciprocal state, territory or district" shall mean a jurisdiction which offers admission without examination to attorneys licensed to practice law in Alaska, upon their compliance with specific conditions detailed by that jurisdiction, providing the conditions are not more demanding than those set forth in this Rule.
(b) An applicant is not eligible for admission under this section if
(1) the applicant was admitted to the practice of law in the reciprocal state, territory or district without taking a written examination;
(2) the applicant has engaged in the unauthorized practice of law in Alaska; or
(3) the applicant has taken and failed to pass an Alaska Bar examination, unless this occurred before the applicant engaged in the five years of practice required by (a)(2) of this section.
(c) For the purposes of this section, the "active practice of law" shall mean:
(1) engaged in representing one or more clients on a fee basis in the private practice of law;
(2) serving as an attorney in governmental employment, or as a law clerk for a judicial officer, provided graduation from an ABA or AALS accredited law school is a required qualification of such employment;
(3) serving as counsel for a non-governmental corporation, entity or person and performing legal services of a nature requiring a license to practice law in the jurisdiction(s) in which performed;
(4) teaching law at one or more accredited law schools in the United States, its territories, or the District of Columbia;
(5) serving as a judge in a court of the United States, its states, its territories, or the District of Columbia; or
(6) employed by a Legal Services Corporation program or a not-for-profit law firm, performing legal services of a nature requiring a license to practice law in the jurisdiction(s) in which performed.
(d) An applicant not eligible for admission pursuant to this section may qualify for general applicant status.
(Repealed and replaced by SCO 607 effective January 1, 1985; amended by SCO 1230 effective April 12, 1996)
Section 3. (a) An individual who has not graduated from a law school accredited or approved by the Council of Legal Education of the American Bar Association or the Association of American Law Schools shall be eligible to take the bar examination as a general applicant if he/she (1) has been licensed to practice law in one or more jurisdictions in the United States for five years immediately preceding the date of his/her first or subsequent applications for admission to the practice of law in Alaska, (2) was engaged in the active practice of law during those five years, and (3) meets the requirements of (a), (c), and (d) of Section 1 of this Rule.
(b) An individual shall also be eligible to take the bar examination as a general applicant if he/she (1) has successfully completed not less than one academic year of education at a law school accredited or approved by the Council of Legal Education of the American Bar Association or the Association of American Law Schools, (2) has successfully completed a clerkship program which meets the requirements of (a), (c), and (d) of Section 1 of this Rule.
(c) An individual who is a graduate of a law school in which the principles of English law are taught but which is located outside the United States and beyond the jurisdiction of the Council of Legal Education of the American Bar Association or the Association of American Law Schools may be eligible to take the bar examination as a general applicant if he/she submits proof that (1) the foreign law school from which he/she graduated meets the American Bar Association's Council of Legal Education standards for approval, (2) he/she has successfully completed not less than one academic year of education at a law school accredited or approved by the Council of Legal Education of the American Bar Association or the Association of American Law Schools, including evidence satisfactory to the Board of Governors that the applicant has successfully completed not less than one course in United States Constitutional Law and one course in Civil Procedure in the United States, and (3) meets the requirements of (a), (c), and (d) of Section 1 of this Rule.
(d) An individual eligible to take the bar examination as a general applicant under (a) through (c) of this section shall request that certified proof of graduation and/or attendance be sent directly from the law school(s) attended to the Alaska Bar Association. Proof of attendance and/or graduation must be received prior to the date of the examination.
(Added by SCO 161 effective immediately; amended by Amendment No. 1 to SCO 161 effective April 12, 1974; by SCO 220 effective December 15, 1975; by SCO 347 effective April 1, 1979; by SCO 401 effective May 1, 1980; by SCO 431 effective November 1, 1980; by SCO 466 effective June 1, 1981; by Ch. 52, ยง 15 of Session Laws of Alaska 1981; by SCO 593 effective May 3, 1984; by SCO 971 effective July 15, 1989; by SCO 1005 effective January 15, 1990; by SCO 1042 effective January 15, 1991; and by SCO 1051 effective January 15, 1991)
*Editor's Note: Section 9, Chapter 119, Session Laws of Alaska 1978, provides that "Section 1-8 of this Act [Chapter 119, Session Laws of Alaska, 1978] have the effect of changing section 5 of Rule 2 of the Alaska Bar Rules of the Rules of Court by transferring the responsibility for the program of law clerk study under AS 08.08.207 from the Supreme Court to the University of Alaska."
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Last Modified 7/14/1999
