Each applicant will be required to execute under oath a thorough application and to sign an authorization and release form that extends to the Commission and to any persons or institutions supplying information thereto. The applicant will be informed of the consequences of failing to produce information requested by the application and of making material omissions or misrepresentations. (Appendix A).
(A) Form and content of application. All applications must be made on forms furnished through the NCBE. The Commission may modify or amend the forms as deemed necessary. The required application forms must be completed at the Character and Fitness page of the NCBE Web site All application forms are to be filed with the Nebraska State Bar Commission. The Commission has determined the following subsections (1) through (5) are the minimum components of an application, but the Commission is in no manner limited to these minimum components:
(1) Responses to a questionnaire submitted to the Commission under oath by the applicant and responses to questions concerning the applicant’s age, military record, present and prior residences, education, employment, criminal arrests, charges and citations (including traffic infractions and ordinance violations), professional and business licenses, financial record, credit history, and physical and mental health.
(2) At least two character affidavits from citizens of good standing in the community where the applicant resides, or formerly resided, evidencing that the responding party is well acquainted with the applicant, that the applicant is of good reputation in that community, and that the responding party believes the applicant to be of good moral character.
(3) Dean’s certification of completion of law school; whether applicant has been charged with or arrested for a crime; whether applicant has been suspended, expelled, or disciplined; and moral fitness or character to practice law.
(4) Authorizations for release of educational, employment, medical, or legal records.
(5) If applicable, certification of an applicant’s admission to practice in any other state or licensing jurisdiction; prior bar examination history in any other state or licensing jurisdiction; and certification of an applicant’s good standing in any state or licensing jurisdiction.
(B) Time for filing application. The application must be completed and filed by the November 1 preceding the February examination and by April 1 preceding the July examination. If November 1 or April 1 fall on a weekend or holiday, the deadline will be the next business day. Applications filed fewer than 30 days after the deadline are subject to a late fee. Applications filed more than 30 days after the deadline will not be accepted. Applications must be delivered by mail or in person to the Commission. Applications are filed when received by the director.
(C) Fees. No application for examination and admission shall be accepted by the director of admissions unless such application is accompanied by the full amount of examination, investigation, and administrative fees required by these Rules. (Appendix E).
The application fee is payable by certified or cashier check or money order to the director of the Nebraska State Bar Commission. Personal or business checks will not be accepted. A laptop fee for the MEE and MPT portion of the examination must be paid directly to the examination software vendor selected by the Commission. Applicants shall also pay the Commission all charges for examinations prepared by the National Conference of Bar Examiners on behalf of the Commission.
(D) Refund policy. If the applicant has registered for the bar examination and cancels not more than 30 days prior to the examination, only the portion of the fee charged for the UBE test documents will be refunded.
(E) Failure to appear for examination. If the applicant has registered for the bar examination and fails to appear, no refund is permitted.
(F) Deferment. Provided at least 30 days written or electronic mail notice has been given to the director prior to the date set for the examination, registration fees which have been paid for a bar examination can be held over and applied toward the next available bar examination. No additional deferments are permitted.
(G) Multistate Professional Responsibility Examination (MPRE) scores. MPRE scores must be on file by the application deadline of November 1 for the following February examination and April 1 for the following July examination. The scaled score of 85 is required for a passing grade. If the MPRE score is not on file by the application deadline, the late fee applies.
(H) Fingerprints. Applicants must submit two complete sets of fingerprints with the applicant’s bar application on a form designated by the Commission as provided under Neb. Rev. Stat. § 7-102(2). The fingerprints must be contained on a Federal Form FD-258 (REV. 12-29-82), which is also known as the “APPLICANT” fingerprinting card. The applicant must have his or her fingerprints rolled at an authorized agency (police or sheriff’s department or highway patrol office), and applicants must complete all applicable identifying information on two fingerprinting cards. The applicant must sign the cards and have the authorized official rolling the applicant’s fingerprints also sign and date the cards, with that official printing his or her ON number on the back of the card. Failure to complete all the personal information requested on the top portion of the fingerprint card will cause an application to be delayed and/or rejected. The Commission shall obtain a complete set of fingerprints from all bar applicants on a form designated by the Commission as provided under Neb. Rev. Stat. § 7-102(2). The Commission will forward the fingerprints of all such applicants to the Nebraska State Patrol for a national criminal history record information check by the Identification Division of the Federal Bureau of Investigation. The Supreme Court may, at any time, order the Commission to discontinue requesting, or to thereafter resume requesting, fingerprint record checks on all applicants that are fingerprinted pursuant to Neb. Rev. Stat. § 7-102(2).
(I) Applicants with the qualifications to be classified as Class 1-A, 1-B, or 1-C applicants shall not be permitted to apply for the written examination taken by Class 2 applicants without the prior approval of the Commission, which approval may be given on good cause shown.
§ 3-114 amended July 25, 2013, effective August 1, 2013.