R. Gov. Admi. Miss. Bar. 3

As amended through October 31, 2024

Section 3 - General Powers

The Board shall have the power:

A. To promulgate necessary Rules for the administration of their duties, subject to the approval of the Chief Justice of the Court, and to promulgate operating regulations and procedures, consistent therewith, as the Board deems necessary and proper to carry out the administration of their duties.

B. In connection with the performance of its duties, to take testimony under oath and to compel the attendance of witnesses and the production of documents by the filing of a praecipe for a subpoena with the Clerk.

C. To require the payment by each applicant of such reasonable fees as prescribed by the Rules adopted by the Board and approved by the Chief Justice of the Court. All fees collected by the Board shall be paid to the State Treasurer, who shall issue receipts therefor and who shall deposit such funds in the State Treasury in a special fund to the credit of said Board.

D. To employ such stenographic or other assistance as may from time to time be necessary or proper.

E. To conduct, directly or through the Committee on Character and Fitness, such investigation of each applicant as shall be necessary to determine his character and fitness to practice law and his compliance with the Rules.

F. To certify to the Court the names of applicants who are qualified for admission to the Bar.

G. To elect one of its members as chairman and another as vice-chairman.

H. To appoint the members of the Committee on Character and Fitness to perform duties prescribed herein.

I. To appoint a Secretary (who may or may not be a member of the Board). The duties of the Secretary shall be as follows:

(1) Execute official documents as the Secretary of the Board which shall include but not be limited to Certificates of Eligibility for Admission to the Bar.

(2) Serve as liaison between the Board and the Supreme Court of Mississippi.

(3) Such other duties as the Board may determine.

J. To employ a Bar Admissions Administrator and other employees of the Board who shall be paid salaries and/or compensation fixed by the Board. The Bar Admissions Administrator and such other employees shall be supervised by an Executive Director who shall be the Director of the Administrative Office of Courts. The Bar Admissions Administrator and such other employees, as may be designated by the Board, shall be bonded to insure faithful performance of their duties. The duties of the Bar Admissions Administrator shall be as follows:

(1) Dissemination of information as to the prerequisites which a person must have prior to taking the bar examination.

(2) Receiving and examining applications of persons for registration and admission and maintaining appropriate registers of applicants.

(3) Keeping on file all examination papers (except MBE examination booklets and answer sheets) for a period of (45) days following the publication of the results of the examination, after which he shall destroy all such papers unless a request for review has been filed by a failing applicant within the said (45) day period. In such a case, the examination papers of all applicants will be kept;

a. until the entry of a final order of the Board changing every petitioning applicant's failing status or

b. for a period of 6 months following the final order of the Board affirming the failure of any applicant, after which period all examination papers shall be destroyed unless the Board otherwise directs.

(4) Unless otherwise directed by the Board, keeping on file all information and documents pertaining to applicants for a period of five (5) years after the applicant is issued a "Certificate of Eligibility" at which time the Board shall have no obligation to retain the files and may thereafter destroy them. This rule does not apply to examination papers which shall be retained only as provided by Item J(3) above.

(5) Keeping a record of all meetings and proceedings, and keeping all minutes and records of the Board of Bar Admissions.

(6) Receiving application fees and other monies paid to the Board and properly depositing and accounting for the same in accordance with state law.

(7) Preparing an annual budget for approval by the Board and assisting in its presentation to the Mississippi State Legislature.

(8) Presenting to the State Auditor claims for payment of expenses incurred by the Board and otherwise administering, or assisting in the administration of the fiscal affairs of the Board.

(9) Supervising the work of other employees of the Board.

(10) Receiving from and preserving records of previous Boards of Bar Admissions, including lists of former applicants for admission.

(11) Such other duties as the Board may determine.

R. Gov. Admi. Miss. Bar. 3

Effective 11/1/1991; amended effective 4/15/2004 to designate the Director of the Administrative Office of Courts as Executive Director of the Board of Bar Admissions and to limit requirements concerning keeping and destruction of files; amended effective 7/1/2010 to correct the language in A and delete a portion of C which refers to a section of the Code which has been repealed.