O R D E R
Pursuant to Article V, §4, of the South Carolina Constitution, Rule 402, SCACR, is amended as follows:
(1) Rule 402(a) is amended to read:
(a) Board of Law Examiners.
(1) Members. The Board of Law Examiners shall consist of seven (7) members of the South Carolina Bar who are actively engaged in the practice of law in South Carolina and who have been active members of the South Carolina Bar for at least seven (7) years. The Board members shall be appointed by the Supreme Court for three (3) year terms and shall be eligible for reappointment. At least one member shall be appointed from each Congressional District. In case of a vacancy on the Board, the Supreme Court shall appoint a member of the South Carolina Bar to serve the remainder of the unexpired term. The Supreme Court shall appoint a Chair of the Board from among the members of the Board.
(2) Associate Members. The Supreme Court may appoint associate members to assist the members of the Board. These associate members must be members of the South Carolina Bar who are actively engaged in the practice of law in South Carolina and who have been active members of the South Carolina Bar for at least five (5) years. These associate members shall assist the members of the Board in preparing the essay examinations and model answers, administering the bar examination, and grading the examination, and shall have such additional duties as may be determined by the members of the Board. While the Supreme Court shall not be limited in whom it appoints, the members of the Board shall nominate persons to serve as associate members.
(3) Secretary. The Clerk of the Supreme Court shall serve as secretary of the Board ex officio.
(4) Duties of the Board. It shall be the duty of the Board of Law Examiners to determine whether applicants for admission to the practice of law in South Carolina possess the necessary legal knowledge for admission. Subject to the approval of the Supreme Court, the members of the Board are authorized to make rules and regulations for conducting the examination, including a list of the subjects upon which applicants may be tested and regulations providing for the accommodation of disabled applicants. These rules and regulations shall not become effective until at least ninety (90) days after they are approved by the Supreme Court.
(2) The second sentence of Rule 402(e) is replaced with the following: “Six (6) of these sections shall be composed of essay questions prepared by the members of the Board of Law Examiners. The Chair of the Board shall assign a member of the Board to prepare and grade or supervise the preparation and grading of each essay section.”
These changes shall be effective immediately.
s/Jean H. Toal C.J.
s/James E. Moore J.
s/John H. Waller, Jr. J.
s/E. C. Burnett, III J.
s/Costa M. Pleicones J.
Columbia, South Carolina
January 27, 2003