R. 1:23-5. — Bar Examination Test-Taking Improprieties

a. All allegations of impropriety in the taking of a bar examination by a bar applicant who has not been admitted to practice law in this state shall be investigated by the Assistant Secretary to the Board of Bar Examiners (Assistant Secretary) and staff working under the direction of the Assistant Secretary. Such an investigation may include interviews with the applicant or witnesses as the Assistant Secretary and staff deem appropriate.

b. Upon completion of the investigation, the Assistant Secretary shall make a determination whether the charges of impropriety have been established by a preponderance of the credible evidence and, if so, recommend appropriate action. The Assistant Secretary shall report the determination and any recommendations to the Board of Bar Examiners (Board) with notice to the applicant. The applicant shall have 14 days from the date of notice to submit to the Board a written response to the report and any recommendations of the Assistant Secretary.

c. The Board may adopt the determination and recommendations of the Assistant Secretary at which point it shall so notify the applicant. Alternatively, the Board may, in its sole discretion, conduct a further investigation. Such further investigation may include interviews with the applicant or witnesses as the Board deems appropriate. If additional interviews are conducted they shall be conducted pursuant to the instructions of the Chair of the Board provided, however, that all interviews shall be attended by no fewer than three members of the Board as designated by the Chair as well as by the Assistant Secretary. Upon completion of any further investigation, the Board shall issue its own report and recommendations of appropriate action, with notice to the applicant.

d. If the Board adopts a determination of the Assistant Secretary that the charges have been established by a preponderance of the evidence or issues its own determination to that effect, the applicant shall have 30 days from the date of notice of that determination to file a petition with the Supreme Court requesting review of the determination and any of the recommended actions.

e. If the applicant does not file a petition within the 30 days as provided by (d) above or if the Supreme Court denies a petition, the Board’s determination and any recommendations shall become final. If the Supreme Court grants a petition, the matter will proceed before the Court in accordance with the directions of the Clerk of the Court. If the Supreme Court grants a petition, the Court shall finally dispose of the matter by order with or without opinion, as it deems appropriate.

f. Prior to the issuance of a determination and recommendations by the Board, confidentiality shall be maintained to the extent possible. Upon a final determination that the charges have been established by a preponderance of the evidence, the Board shall so notify the Committee on Character and other jurisdictions to which the applicant has applied to take the examination.

g. If allegations of impropriety arise after the bar applicant has been admitted to practice law in this state, the matter shall proceed as any other attorney disciplinary matter in accordance with R. 1:20.