Vt. R. Bar Adm. 9

As amended through October 8, 2024

Rule 9 - [Effective until 1/1/2025] Admission by Examination

(a)Administration of the UBE. The Uniform Bar Examination is administered twice each year, in February and in July, on dates designated by the NCBE. The Board may administer the UBE in Vermont or, in its discretion, may cooperate with a neighboring state that has adopted the UBE to jointly administer the examination, so long as the examination is offered at a location reasonably convenient to Vermont.

(b)Examination Requirements and Passing Score.

(1)Within Five Years. An Applicant must sit for the UBE within five years of graduating from law school or completing the LOS Program. The Board may waive this requirement upon the Applicant's showing of good cause. For the 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. This requirement does not apply to an Applicant currently licensed to practice law and on active status in another U.S. jurisdiction.

(2)Sitting for Entire Examination. An Applicant must sit for all parts of the UBE at a single administration of the Exam.

(3)Passing Score. To pass the UBE for admission to the Vermont Bar, an Applicant must attain a score of 270 or higher.

(4)Limitation on Continued Sittings. An Applicant who has failed the bar examination four times will not be permitted to sit for the UBE in Vermont. For purposes of this rule, attempts to achieve a passing score on the UBE count toward the limit of four regardless of where the Applicant sat for the UBE. The four-attempt limitation may be waived upon a strong showing, to the Board's satisfaction, that the Applicant has substantially improved his or her Exam preparation and there is good cause warranting the requested waiver.

(c)Application Process. To be eligible to take the Uniform Bar Examination, an Applicant must file an Application with the Board. It is the Applicant's burden of proof to establish compliance with the Application process.

(1)Application Contents. Each Application must:

(A) be on the appropriate Board-approved forms;

(B) include the Applicant's NCBE number; and

(C) include a signed authorization and release form.

(2)Deadlines for Filing. An Application must be received on or before the applicable deadline.

(A) July Examination: Application must be received by the preceding May 1.

(B) February Examination: Application must be received by the preceding December 1.

(3)Late-Filed Application. A late-filed Application must be accompanied by an official law school transcript and a written request to the Board seeking permission for the late filing. The Applicant must demonstrate extraordinary circumstances to justify the late filing. The Board has discretion to accept or deny a late-filed petition.

(4)Proving Fulfillment of Education Requirements. Before taking the Uniform Bar Examination, the Applicant must prove fulfillment of the education requirements. The NCBE verification will suffice to demonstrate graduation from law school, but the Board has the discretion to request an official law school transcript to ensure compliance.

(5)Early Examination. An Applicant studying at an Approved Law School may sit for the UBE before graduation if the Applicant has successfully completed the equivalent of five semesters of full-time study (including academic instruction on each of the subjects tested on the UBE) prior to taking the UBE. Before sitting for the examination, the Applicant must submit an official law school transcript documenting that study and a letter from the law school stating that the school has determined that the Applicant is academically prepared for early testing. To qualify for admission, the Applicant must graduate from an Approved Law School within seven months after sitting for the UBE. The Applicant must also satisfy all other requirements for admission.

(6)Continuing Application. An Application is considered a continuing application, meaning the Applicant has a duty to supplement all information provided to the Board up to and including the date of admission to the Bar.

(7)Refiling Application. An Application must be refiled if an Applicant:

(A) does not sit for the examination as previously permitted;

(B) does not achieve a score of 270 or higher on the UBE;

(C) withdraws the Application; or

(D) is denied admission.

(d)Notifying Applicants. The Board will send an informational letter to each Applicant, which will include at least the following:

(1) The dates, times, and locations for the UBE;

(2) An anonymous identification number to be used on all examination materials;

(3) An admission ticket to be used for admission to the UBE;

(4) The rules and procedures for the administration of the UBE; and

(5) The procedure for reporting of scores.

For the February Examination, the informational letter will be sent before February 1. For the July Examination, the informational letter will be sent before July 1.

(e)Identifying Applicants. At the examination site, Applicants are required to present government-issued photo-identification. Applicants may also be required to have their fingerprints taken for identification purposes.

(f)Deadline to Request Reasonable Accommodations. A request for reasonable accommodations for the UBE must be filed no later than the Application deadline, except upon a showing of extraordinary circumstances.

Vt. R. Bar Adm. 9

Effective 4/18/2016; amended October 6, 2016, effective 12/5/2016; amended June 1, 2017, effective 8/1/2017; amended June 13, 2018, effective 8/13/2018; amended January 1, 2021, eff. 3/8/2021; amended February 7, 2022 eff. 4/11/2022; amended February 6, 2023 eff. 4/10/2023.

Board's Notes-2023 Amendment

Rule 9(b)(1) is amended to clarify that an applicant must be on active status in the other U.S. jurisdiction to qualify for the exemption from the five-years-from-graduation requirement.

Board's Notes-2022 Amendment

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

The wording in Rule 9(b)(3) regarding the passing UBE score is also corrected to specify that an Applicant must receive a score of 270 or higher.

Board's Notes-2021 Amendment

Rule 9(c)(5), which details the eligibility requirements to sit for the UBE prior to graduation, is amended to require that applicants take the academic instruction necessary to prepare for the UBE and are approved by their law school to sit for the UBE prior to graduation. The purpose of this amendment is to ensure that early examination applicants are properly prepared for the UBE and that the Board is not overwhelmed by too many such applicants.

The time in which an early examination applicant must submit proof of graduation is increased to accommodate applicants who sit for the July bar and graduate at the end of the following fall semester.

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 9(b)(1) is revised to make it clear that applicants must be active attorneys to waive the five-year limitation and that Board approval is not necessary for such a waiver. Also, Rule 9(b)(1) now allows for an extension to the time limitation for good cause, consistent with existing Rule 13(d) and the revisions to Rules 11 and 13(e). See Board's Notes to simultaneous amendments to Rules 11 and 13.

Board's Notes-2017 Amendment

The revised rule, effective April 18,2016, eliminated the option of applying to the Board for permission, on a showing of good cause, to sit for the exam a fifth time. The amendment to Rule 9(b)(4) reinstates the option of applying to the Board for permission to sit for the Exam a fifth time (which was the prior practice of the Board before the adoption of the UBE). The amendment makes clear that the Board has the discretion to waive the four-attempt limitation where (1) an Applicant has made a strong showing of improved exam preparation, such that he or she is well prepared to pass the Exam, (2) there is good cause to grant the waiver (e.g., a previously undiagnosed learning disorder), and (3) the limitation would not serve to protect the public. The amendment does not allow the Board to grant permission for an Applicant to sit a sixth time.

Board's Notes - 2016

The amendment extends from three years to five years the time within which an applicant must sit for the bar exam after graduating law school or completing the LOS Program.

Board's Notes

Elements of Rule 9 are drawn from the prior rules §§ 8, 9, and 10, but much of the rule is new, and reflects the adoption of the Uniform Bar Examination.

Consistent with the adoption of the UBE, the rule provides the Board discretion to coordinate administration of the exam with neighboring jurisdictions, so long as the exam is administered at a site that is reasonably convenient to Vermont. For example, the Board may explore jointly administering the exam with New Hampshire at a central location.

The rule includes a new provision that an Applicant must sit for the bar examination within three years of graduating from law school or completing the law office study program, unless the applicant is licensed to practice law in another jurisdiction.

Another new provision allows law students to sit for the examination after completing five semesters of law school, which for most students in full-time programs would be in February of the third year. To qualify for admission under this provision, an Applicant must graduate within six months of sitting for the exam.

Consistent with the prior rules § 10(k), Applicants may not sit for the examination more than four times. Rule 9 (and Rule 13) apply the same limit to UBE attempts in any jurisdiction. The new rules eliminate the option of applying to the Board for permission, on a showing of good cause, to sit for the exam a fifth time. The former provision cannot be administered uniformly with respect to other UBE jurisdictions, because the Board cannot control who sits for the examination in those jurisdictions.

Other provisions address administrative requirements, either reflecting current practice, such as requiring identification at the exam, or reflecting changes associated with the UBE.