Rule 4 - Character and Fitness Process - Admission on Examination or Transfer of Uniform Bar Examination score(a)Burden on the Applicant. Applicants seeking admission to this state's bar upon examination or by transfer of a Uniform Bar Examination score shall be required to establish by clear and convincing evidence their good moral character and fitness to practice law to the satisfaction of the Committee on Character and Fitness in advance of admission to the Rhode Island Bar. Applicants shall at all times have the burden of proving their good moral character and fitness to practice law to the Committee and to the Supreme Court. The failure of any applicant to answer any question on the petition or any question propounded by any member of the Committee or to supply any documentary material requested by the Committee, shall justify a finding that the applicant has not met the burden of proving the applicant's good moral character and fitness to practice law. Rule 1B applicants may be required to submit to a character investigation conducted by the National Conference of Bar Examiners.(b)Composition of the Committee. The Committee on Character and Fitness shall consist of seven (7) members appointed by the Supreme Court and shall include: (1) One (1) member of the Board of Bar Examiners, or a designee of the Chair of the Board, said designee being a member of the Rhode Island Bar;(2) The Attorney General or a designee of the Attorney General, said designee being a member of the Rhode Island Bar;(3) The Clerk of the Supreme Court or a designee of the Clerk of the Supreme Court; and (4) Four (4) members of the Rhode Island Bar. The Court shall designate the Chair and Vice-Chair of the Committee. The terms of the Attorney General or a designee and of the Clerk of the Supreme Court or a designee as members of the Committee shall be coterminous with their terms of office. Each other member of the Committee shall be appointed for a term of three (3) years and shall be eligible for re-appointment for a second three (3) year term. No member of the Committee, other than the Attorney General or a designee and the Clerk of the Supreme Court or a designee, shall serve more than two (2) terms. Members of the Committee shall receive no compensation for their services, but their reasonable expenses shall be funded from the fee paid by those persons seeking admission to practice law in the State of Rhode Island. Subject to the approval of the Court, the Committee may make rules of practice.
Each person shall be immune from civil liability for all statements made in good faith to the Committee, the Office of Attorney General, or to this Court or given in any investigation or proceedings pertaining to petition. The protection of this immunity does not exist as to statements made to others. The Committee, its staff, counsel, investigators, and any members of any hearing panels shall be immune from civil liability for any conduct arising out of the performance of their duties.
(c)Powers and Duties of the Committee. Upon receiving the petition of an applicant seeking admission on examination or by transfer of a Uniform Bar Examination score, the Committee on Character and Fitness shall as soon as practicable: (1) Arrange for a personal interview with the applicant;(2) Conduct such investigation of the applicant as it deems desirable or necessary; and(3) Consider the character and fitness of the applicant to be admitted to the practice of law and recommend that the applicant be admitted to the practice of law without further investigation; or that the applicant be referred to the full Committee for further investigation. The Committee on Character and Fitness may obtain information from the applicant and other persons and to this end is authorized to issue subpoenas for the attendance of witnesses and for the production of books, papers, and documents. Upon the giving of testimony, the Committee is authorized to administer oaths and affirmations.
Following its investigation, the Committee on Character and Fitness shall recommend to the Supreme Court that an applicant be:
(1) Granted admission to the practice of law;(2) Granted conditional admission to the practice of law subject to probationary terms specified by the Committee; or(3) Denied admission to the practice of law.(d)Conditional Admission. The Committee on Character and Fitness may recommend that an applicant be granted conditional admission to the practice of law when it is determined that the protection of the public may require the temporary monitoring of the applicant. In recommending that the Supreme Court issue a conditional license to practice law, the Committee shall recommend specific conditions of the license, to be fulfilled at the applicant's expense, which may include but are not limited to the following:(1) Requiring assessment and/or treatment for alcohol, drugs, or other chemical dependency, and/or gambling by a professional approved by the Committee;(2) Requiring medical, psychological, or psychiatric care;(3) Requiring the applicant to practice law under the supervision of a member of the Rhode Island Bar, approved by the Committee, and prescribing the terms and conditions of such supervision;(4) Requiring professional office practice or management counseling;(5) Requiring submission to periodic, random drug testing to be administered by a professional approved by the Committee;(6) Requiring the applicant and/or a mutually agreed upon supervisor to report periodically to the Committee or the Committee's designee;(7) Requiring the applicant to take specific actions designed to cure or end any deficiencies in the applicant's moral character and fitness; and/or(8) Requiring the applicant, upon request at any time during the period of conditional admission, to provide business or personal financial records. If the recommendation of the Committee on Character and Fitness is for conditional admission or against admission, the report of the Committee shall set forth the facts upon which such recommendation is based and the reasons for rendering such recommendation. The Committee shall promptly notify the applicant about such conditional or adverse recommendation. The applicant shall have thirty (30) days from the date of notice of the recommendation to withdraw the petition. If the applicant elects not to withdraw the petition, the Committee shall forward the recommendation to the Supreme Court for action thereon.
(e) The Court, upon receipt of the recommendation by the Committee, may:(1) Accept, reject, or modify the recommendations of the Committee;(2) Grant the petition with conditions for a specified period of time, or without conditions; or(3) Require the applicant to show cause why the applicant's petition should not be denied. The Court shall give notice to the Clerk of the Supreme Court and the Chief Disciplinary Counsel of any conditional admission and the terms thereof. Notwithstanding any other confidentiality provisions under this Rule or Article III, Rule 21 of the Supreme Court Rules of Disciplinary Procedure, the Committee, the Clerk of the Supreme Court, and Disciplinary Counsel may share relevant information among each other regarding any breach of the conditions imposed by this Court.
(f)Expiration or Breach of Conditional License. A conditional license shall expire on the date specified by the Supreme Court unless temporarily extended by the Supreme Court at the request of the Committee on Character and Fitness or at the request of the conditional licensee. A conditional licensee may apply for a renewal of the conditional license or for an unrestricted license to practice law in the State of Rhode Island, by filing a written request with the Court at least sixty (60) days prior to the expiration of the conditional license. The Court may refer the request to the Committee for investigation. Following any such investigation, the Committee shall transmit to the Court a report and recommendation on the request. Notwithstanding any other provision of this Rule, a conditional license may be immediately terminated upon notice to the conditional licensee in the following circumstances and by the following procedures:
(1) If the Committee has reason to believe that a conditional licensee is in breach of a condition of the license, the Committee may petition the Supreme Court for an order to show cause why the conditional license should not be immediately terminated;(2) The Supreme Court shall examine the petition and determine whether a prima facie showing of a breach of the conditional license has been demonstrated. If the Court determines that such a showing has been made, the Court may immediately suspend the conditional licensee and may issue an order to the conditional licensee to show cause why the license should not be permanently revoked; and(3) In addition to the provisions set forth in (f)(1) and (2), the Disciplinary Board may exercise jurisdiction over an attorney who has been conditionally admitted, and may proceed with disciplinary action for misconduct committed while a conditional license was in effect.Amended effective 9/7/2018; Revised 4/8/2024.