In re Rules Governing Admission to Bar, 0000 (AR 5/26/2005), 0000

• Decision Date: 26 May 2005
• Docket Number: 0000
• Parties: IN RE: RULES GOVERNING ADMISSION TO THE BAR of Arkansas
• Court: Arkansas Supreme Court

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IN RE: RULES GOVERNING ADMISSION TO THE BAR of Arkansas

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Supreme Court of Arkansas

Opinion Delivered May 26, 2005

PER CURIAM

Rule XII.2. of the Rules Governing Admission to the Bar (Rules) presently states: "No candidate shall be allowed to take the bar examination who is not a citizen of the United States or an alien lawfully residing in the United States." The Arkansas State Board of Law Examiners (Board) has considered this language in the context of the increasing number of foreign students attending American law schools on student visas. Those students then secure a professional training visa for an additional year after graduation during which time they take the bar examination.

It does not appear that the requirement of citizenship, which is the first alternative of the current rule, is constitutional. See In Re: Griffiths, 413 U.S. 717 (1973).

The second option posited by the rule — "alien lawfully residing" — is uncertain of definition, especially in light of the numerous immigrant or non immigrant status categories that are available to foreign law students.

A survey of other jurisdictions makes clear that no jurisdiction has a citizenship requirement. Many do not inquire beyond determining whether the applicant is lawfully present at the time he or she takes the examination. A few states have language similar to what we have in Arkansas, but the language does not provide guidance on what "residing" might mean.

In light of these considerations, the Board recommends that Rule XII.2. be amended as follows:

RULE XII.2.

Candidates may be a United States citizen, an alien lawfully admitted for permanent residence, or an alien otherwise authorized to work or study lawfully in the United States.

We publish this proposal for comment of the bench and the bar. Such comments should be directed to Leslie Steen, Clerk of the Court, 625 Marshall St., Little Rock, AR 72201, before September 1, 2005.