Vt. R. Bar Adm. 13

As amended through August 12, 2024

Rule 13 - Admission by Transferred Uniform Bar Examination Score

(a)General Requirements. To be admitted by transferred UBE score earned in another U.S. jurisdiction, the Applicant must file an Application on forms required by the Board, pay the required fee, and arrange for the NCBE to transfer the Applicant's UBE score to Vermont. The following additional requirements must be met.

(b)Age of Score. The Applicant must achieve a UBE score of 270 or higher:

(1) in an administration of the UBE immediately subsequent to the date on which the application for admission by transferred UBE score was filed; or

(2) in an administration of the UBE which occurred within 3 years before the date on which the application for admission by transferred UBE score was filed; or

(3) in an administration of the UBE which occurred more than 3 years but less than 5 years before the date of filing of the application for admission by transferred UBE score, if the Applicant has been Actively Engaged in the Practice of Law for at least 2 years in another U.S. jurisdiction in which the Applicant was a member in good standing.

(c)Attempts. The required score must have been achieved within no more than 4 sittings for the UBE. For purposes of this rule, attempts to achieve the required score count toward the limit of 4 regardless of where the Applicant sat for the UBE.

(d)Timing of UBE. The required score must have been achieved at an administration of the UBE no later than 5 years after the Applicant completed the educational requirements set forth in Rule 6. The Board may waive this requirement upon the Applicant's showing of good cause. For purposes of this rule, "good cause" means a demonstration that the Applicant's legal education is not stale, considering such factors as legal employment or legal study.

(e)MPRE. The Applicant must have achieved a scaled score of 80 or higher on the MPRE taken within a period beginning 3 years before, and concluding 1 year after, the date on which the application for admission by transferred UBE score was filed, unless the time is extended for good cause. For purposes of this rule, "good cause" means a demonstration that the Applicant has the necessary current knowledge and understanding of legal ethics, considering such factors as legal employment or legal study.

(f)Educational Requirement. The Applicant must meet the educational requirements set forth in Rule 6.

(g)Additional CLE and Experiential Requirements. The Applicant must satisfy the requirements set forth in Rule 12.

Vt. R. Bar Adm. 13

Effective 4/18/2016; amended June 1, 2017, effective 8/1/2017; amended June 13, 2018, effective 8/13/2018; amended February 7, 2022 eff. 4/11/2022; amended February 6, 2023 eff. 4/10/2023.

Board's Notes-2023 Amendment

In conjunction with a similar amendment to Rule 11, Rule 13(e) is amended to clarify what good cause means in the context of the Board of Bar Examiners' determination of whether to extend the time within which the Board will accept an MPRE score.

Board's Notes-2021 Amendment

In conjunction with a similar amendment to Rule 9(b)(1), Rule 13(d) is amended to clarify what factors the Board of Bar Examiners considers when determining whether to waive the requirement that the bar exam must be taken within five years of graduating from law school or completing the LOS Program.

Board's Notes-2018 Amendment

Rules 9(b)(1), 11, and 13(e) have been revised to ensure consistency and clarity with regards to the permitted age of UBE and MPRE scores. Rule 13(e) is revised to impose a one-year outer limit for the MPRE score, consistent with the outer limit in Rule 11. Also, Rule 13(e) now allows for an extension to the time limitation for good cause, consistent with existing Rule 13(d) and the revisions to Rules 9(b)(1) and 11. See Board's Notes to simultaneous amendments to Rules 9 and 11.

In addition to the above change, Rule 13(b) is revised to specifically permit concurrent applications for admission by transferred UBE score, meaning that an applicant can apply to sit for the UBE in a UBE jurisdiction other than Vermont and at the same time apply for admission by transferred UBE score to the Vermont bar, although the UBE score has not yet been earned.

Board's Note-2017 Amendment

Consistent with the recent amendment to Rule 9(b)(1), Rule 13(d) is amended to extend the time in which the Applicant must sit for the UBE from 3 to 5 years. The amendment also provides for an extension of this deadline for good cause shown, consistent with the concurrent amendment to Rule 9(b)(4).

Board's Notes

This rule is new and establishes the process for admission by transferred UBE score. An Applicant may transfer a UBE score for three years, or up to five years if the Applicant has been practicing law in another U.S. jurisdiction for at least two years. After five years, the score is too stale and an Applicant must qualify for admission without examination under Rule 14 or retake the exam.

Generally, Applicants for admission by transferred UBE score must meet the requirements for admission by examination. The rule restates or cross-references those requirements, as appropriate. The rule does not restate the requirements of Rule 5, because Rule 5 expressly applies to all Applicants.