Supreme Court of Missouri
en banc
April 28, 2020
Effective April 28, 2020
On March 13, 2020, national and state emergencies were declared following the classification of COVID-19 as a pandemic. In response, the National Conference of Bar Examiners (NCBE) has provided two alternative testing dates in 2020[1]for jurisdictions unable to administer a July bar exam. The Missouri Board of Law Examiners (Board) administers the Uniform Bar Exam (UBE) and the process for admission to The Missouri Bar pursuant to Rule 8. At this time, the Missouri bar exam is proceeding as scheduled on July 28 and 29, 2020, and the final application deadline is June 1, 2020.
Consistent with this Court’s previous orders regarding COVID-19 and in furtherance of the ongoing efforts to mitigate the detrimental effects of the pandemic, the Supreme Court of Missouri adopts the following temporary modifications to Rule 8 related to the administration of the July 2020 UBE and Rule 13 related to law student certifications. The modifications apply only to properly filed applicants for the July 2020 administration of the UBE in Missouri.
1. Regulation 3 of Rule 8.07 is modified temporarily to permit July 2020 exam applicants to postpone taking the examination and to carry forward the application fee to the scheduled examination in February 2021 without requiring payment of a postponement fee. To be eligible for fee waiver, applicants must submit written notice of postponement to the Board on or before June 15, 2020.
2. Rule 13.03(a)(1) is modified to permit active law student certifications to remain in effect until the announcement of the results of the February 2021 bar examination, and for any student who passes that examination, the certification shall continue in effect until the date he or she is admitted to the bar. Certifications for students taking a bar exam held either in July 2020 or on the alternative 2020 date will remain in effect until announcement of the results for that exam, and for any student who passes that examination, the certification shall continue in effect until the date he or she is admitted to the bar.
3. To prevent the number of applicants for the Missouri July 2020 UBE from exceeding the available seating capacity for testing, the Board may, at its discretion, impose a maximum number of applications allowed to be submitted, no fewer than 760 if testing under normal conditions and fewer if health directives require limited seating, and shall post a notice on the Board’s website upon implementation. Applications properly filed after the Board’s notice shall be accepted in the order received, up to the maximum number, with equal priority afforded to Missouri residents, graduates of ABA-approved law schools located in Missouri or a contiguous state, licensed attorneys for an employer located in Missouri, and recipients of an offer of employment as a licensed attorney for an employer located in Missouri. No application to retake the exam shall be accepted for filing after the Board’s notice if the applicant has sat for four or more prior administrations of the Missouri bar exam.
4. If official national, state, or local orders in effect as of June 15, 2020, prevent testing under normal conditions, the Board may, at its discretion, limit the number of examinees to ensure the test is administered safely and in accordance with official health directives. Applicants shall be approved for testing, up to the maximum number, according to the order a properly filed application was received, with equal priority afforded to Missouri residents, graduates of ABA-approved law schools located in Missouri or a contiguous state, licensed attorneys for an employer located in Missouri, and recipients of an offer of employment as a licensed attorney for an employer located in Missouri. Applicants who have sat for four or more prior administrations of the Missouri bar exam will not be allowed to test if the Board imposes limits on the number of examinees. Applicants not allowed to test because of limits imposed on the number of examinees shall be allowed to carry forward the application fee to the next scheduled examination without assessment of additional postponement fees.
5. In accordance with Centers for Disease Control and Prevention (CDC) guidance and to prevent the spread of COVID-19, applicants for the July 2020 examination will not be allowed into the testing area if they
a. traveled to any foreign country within the 20 days prior to the exam;
b. reside or have close contact with someone who traveled to any foreign country within the 20 days prior to the exam;
c. have been asked to self-quarantine by any doctor, hospital or health agency within the 30 days prior to the exam;
d. have a fever or are sick;
e. have been diagnosed with, or have had contact with, anyone who has been diagnosed with COVID-19 within the 20 days prior to the exam; or
f. reside in a jurisdiction outside of Missouri that is subject to an official travel advisory in effect within 30 days of the scheduled date of the bar examination. Official travel advisories include, but are not limited to, those issued by the CDC, World Health Organization, or state and local governments.
Applicants denied admission to the exam for the reasons set forth in paragraph five shall be allowed to carry forward the application fee to the next scheduled examination without assessment of additional postponement fees.
6. In the event the bar examination cannot be administered on July 28 and 29, 2020, the exam will be held on September 9 – 10, 2020, and the application fee paid by properly filed July applicants will be valid either for the examination held on the rescheduled date or for the February 2021 examination, but not both. Applicants will be required to select the September 2020 or February 2021 testing date and notify the Board within 15 days after notice is posted rescheduling the exam. Properly filed applicants who provide timely notice of selection will not be required to submit another application either for the September 2020 or February 2021 administration. Applicants have a continuing duty to update or amend the July 2020 application if changes occur with respect to any information submitted.
Day – to – Day
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GEORGE W. DRAPER III
Chief Justice
[1]September 9-10 and September 30-October 1.