Proposed Amendments to Rules for Admission and Disciplinary Procedure

STATE OF WEST VIRGINIA

At a Regular Term of the Supreme Court of Appeals continued and held at Charleston, Kanawha County, on the 23rd day of May, 2001, the following order was made and entered:

IN RE: PROPOSED AMENDMENTS TO RULES 2.0 AND 7.0 OF THE RULES FOR ADMISSION TO THE PRACTICE OF LAW AND RULE 3.30 OF THE RULES OF LAWYER DISCIPLINARY PROCEDURE

On this day came the Court and proceeded to consider proposed amendments to Rules 2.0 and 7.0 of the Rules for Admission to the Practice of Law and Rule 3.30 Of the Rules of Lawyer Disciplinary Procedure. Upon consideration whereof, the Court is of opinion to and doth hereby approve a period of time for public comment on the proposed amendments, said comment period to conclude on the 18th day of July, 2001, with comments to be filed with the Clerk of this Court. Deletions are indicated by strikethrough, additions are indicated by underscoring.

"RULES FOR ADMISSION TO THE PRACTICE OF LAW

Rule 2.0. General requirements for admission.

An applicant is eligible for admission to the practice of law in West Virginia upon establishing to the satisfaction of the Board of Law Examiners: (1) age of at least eighteen (18) years; (2) good moral character and fitness~~, and never convicted of perjury, false swearing, or other infamous offense, or any felony~~; (3) graduation from an approved college or university with an A.B., B.S., or higher degree, or its equivalent; (4) graduation from an approved law school with an L.L.B., J.D., or its equivalent under Rule 3.0(b); (5) passing score on the West Virginia General Bar Examination or qualification under Rule 4.0, et seq.; and, (6) passing score on the Multistate Professional Responsibility Examination within twenty-five months of achieving a passing score on the West Virginia Bar Examination or application for admission on motion. Any conviction for false swearing, perjury or any felony, and the applicant's prior and subsequent conduct, shall be considered in the determination of good moral character and fitness.

Rule 7.0. Admission procedure.

(a) Certificate of eligibility. The Board shall issue a certificate of eligibility, which shall be filed, along with a character report, with the Clerk of the Supreme Court of Appeals, for every applicant who has complied with the requirements of the applicable rules and who has paid the statutory fee.

(b) General procedure. An applicant who is eligible for admission may be admitted to the practice of law in the State of West Virginia by appearing before the Supreme Court of Appeals within twelve months of issuance of the certificate of eligibility, by taking the oath hereinafter set forth, and by signing the roll of attorneys maintained by the Clerk of the Supreme Court of Appeals. No applicant shall be admitted without taking the oath administered by the Clerk of the Supreme Court of Appeals and by signing the roll of attorneys in the office of the Clerk of the Supreme Court of Appeals. An affirmation may be given in lieu of an oath. The oath is administered and the roll is signed at a ceremony held in the courtroom of the Supreme Court of Appeals of West Virginia approximately one month after issuance of the certificate of eligibility. Failure to be sworn within twelve months of issuance of the certificate of eligibility causes the right to admission to lapse. The date of oath is the actual admission date of new attorneys.

(c) Conditional admission. An applicant's admission to practice may be conditioned for a specified period of time, not to exceed one year, either upon the recommendation of the Board and approval by the Supreme Court of Appeals, or by the Court upon its own motion. Conditions imposed may include supervised practice, substance abuse treatment and counseling, mental health treatment and counseling, financial counseling, or other terms. Recommendations for conditional admission shall be considered, but not binding upon the Court. At the conclusion of the conditional admission period, the Board shall make a written recommendation to the Court as to whether the applicant is eligible for admission as having satisfied the terms of the conditional admission. Not later than one year after the conditional admission was granted, the Court shall remove the conditions placed upon admission or decline to admit the applicant to the practice of law. The Court may revoke the conditional admission at any time.

~~(c)~~ (d) Oath of attorney. Upon being admitted to the practice of law in the State of West Virginia, each applicant shall take and subscribe to the following oath or affirmation:

"I do solemnly swear or affirm that: I will support the Constitution of the United States and the Constitution of the State of West Virginia; that I will honestly demean myself in the practice of law; and, to the best of my ability, execute my office of attorney-at-law; so help me God."

~~(d)~~ (e) Certificate of admission. Each applicant admitted may receive a certificate of admission suitable for framing. Such certificate shall be issued, upon payment of a fee as set forth in the fee schedule, in the name of the Supreme Court of Appeals of West Virginia and shall be signed by the Clerk of the Supreme Court of Appeals."

"RULES OF LAWYER DISCIPLINARY PROCEDURE

Rule 3.30. Requirements for reinstatement.

When for any reason, other than for nonpayment of membership fees, the license of any person to practice law has been or shall be suspended, whether or not for a limited time or until requirements as to restitution, conditions, or some other act shall be satisfied, such person shall not become entitled to engage in the practice of law in this State, whether such time has elapsed or such requirements as to restitution, conditions, or some other act have been satisfied, until such person shall have been restored to good standing as a member of the West Virginia State Bar as provided herein. Any conviction for false swearing, perjury or any felony, and the person's prior and subsequent conduct, shall be considered in the determination of good moral character and fitness."

Attest: Rory L. Perry II, Clerk of Court