APR 24.3
HEARINGS
(a) Notice. The Character and Fitness Board may fix a time and
place for a hearing on the application, and shall serve notice
thereof not less than 30 days prior to the hearing upon the
Applicant and upon such other persons as may be ordered by the
Character and Fitness Board. This notice requirement may be
waived by the Applicant.
(b) Right to Counsel. An Applicant may be represented by counsel.
(c) Burden of Proof. An Applicant must establish by clear and
convincing evidence that he or she is of good moral character and
possesses the requisite fitness to practice law.
(d) Proceedings Not Civil or Criminal. Hearings before the
Character and Fitness Board are not civil nor criminal but are
sui generis hearings to determine whether an Applicant possesses
good moral character and fitness to be admitted to practice law.
(e) Rules of Evidence.
(1) Evidentiary rulings shall be made by the Board
chairperson. A majority of Board members present may by vote
overrule a ruling by the chairperson.
(2) Consistent with section (d) of this rule, evidence,
including hearsay evidence, is admissible if in the chairperson's
judgment it is the kind of evidence on which reasonably prudent
persons are accustomed to rely in the conduct of their affairs.
The chairperson may exclude evidence that is irrelevant,
immaterial, or unduly repetitious.
(3) Witnesses shall testify under oath; all testimony shall be
transcribed by a certified court reporter.
(4) Expert witnesses shall appear and testify in person before
the Board, unless in the discretion of the Board their appearance
before the Board is waived.
(5) Generally, all documentary evidence submitted to the Board
for consideration must be delivered to Bar Counsel not less than
14 days prior to the hearing. Bar Counsel will provide copies of
all documentary evidence, and any hearing briefs, memoranda, or
other documentary material, to the Board members and to the
Applicant prior to the hearing date.
(6) The Board may take notice of any judicially cognizable
facts, or technical or scientific facts within a Board member's
specialized knowledge.
(7) Questioning of the Applicant and the Applicant's witnesses
shall be conducted by Bar Counsel or his or her designee and by
two members of the Board designated by the chair.
(f) Confidentiality: All hearings and documents before the
Character and Fitness Board on applications for admission to the
bar are confidential.
[Adopted effective September 1, 2006.]
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