N.D. Supreme CourtNorth Dakota Courts Annual Report 2005
State Board of Law Examiners
The State Board of Law Examiners assists the Supreme Court in its constitutional responsibility to regulate the admission to practice.
In 2005, Board members were Rebecca S. Thiem of the Bismarck firm of Zuger, Kirmis & Smith; Mark L. Stenehjem of the Williston firm of Winkjer, McKennett, Stenehjem, Reierson & Forsberg; and Paul F. Richard of MeritCare Health System in Fargo. Thiem has served on the Board since January 1, 1991; Stenehjem since January 1, 1993; and Richard since January 1, 1996.
Carla Kolling, Assistant Bar Admissions Administrator for the Board, retired at the end of December after 20 years of service. Kolling was the only full-time employee of the Board, and the only person to hold that position. The Board hired Courtney Koebele, a Bismarck attorney, to replace Kolling.
In February and July, the Board administered a two-day bar examination. The examination consisted of the Multistate Performance Test (MPT), a written three-hour examination consisting of two ninety-minute tasks that examine fundamental lawyering skills, including, problem solving, legal analysis and reasoning, factual analysis, communication, organization and management of a legal task, and recognizing and resolving ethical dilemmas; the Multistate Essay Examination (MEE), a written three-hour examination consisting of six questions from pre-selected topic areas; and the Multistate Bar Examination (MBE), an objective six-hour multiple choice exam.
For the first time in a number of years, a February bar exam was offered in 2005. After consulting with the National Conference of Bar Examiners, the Board decided that future February bar exams will be dependent on at least 10 applicants sitting for the exam.
Passage rates for the 2005 examination:
Exam | # Apps. |
# Pass/ % Pass | # UND Grads | # Pass/ % Pass |
2/05 | 21 | 16/76% | 15 | 10/67% |
7/05 | 44 | 38/86% | 36 | 32/89% |
Admission to the practice of law in North Dakota can be based not only on the results of the written bar examination, but on five years of admission with at least four years of practice in another jurisdiction, or, upon achieving a score of 150 on the Multistate Bar Examination (MBE) and admission in another jurisdiction within two years of application. Every applicant for admission must also be at least 18 years old, of good moral character, fit to practice law, and been awarded a juris doctor or equivalent degree from a law school, approved or provisionally approved, for accreditation by the ABA. The Character and Fitness Committee assists the Board in investigating applicants’ character, fitness and moral qualifications. In 2005, members of the Committee were: Charles S. Miller, Malcolm H. Brown, Luella Dunn, Reverend Robert Nordvall, and Dr. Al Samuelson, all of Bismarck. Patricia Monson, Fargo, was appointed in February following the resignation of Charles Miller
Of the 83 attorneys admitted in 2005, 54 were by bar examination; 14 by achieving the 150 MBE score and admission in another state; and 14 by having the requisite years of practice in another state.
In 2005, the Board, in its licensing capacity, issued licenses to 1,866 lawyers and judges, 430, or 23%, of whom were women.
As a part of its licensing and admission responsibilities, the Board monitors the pro hac vice admission of attorneys who are not licensed in North Dakota. During 2005, 157 nonresident attorneys filed motions under Rule 3, Admission to Practice Rules, with $36,010 in fees collected. Approximately one-third of the fees go to fund the attorney disciplinary system, and the remainder is split between the State Bar Association (80%) and the State Board of Law Examiners (20%).