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The following reflects an amendment to Rule X. This amendments
adds paragraphs (d) and (e) as indicated. This amendment is effective March 24,
2009.
Rule X
Determination of Applicant Character and Fitness
(a) After completing its investigation on the Application, the
Board shall determine whether, on all the documentation before it, the Board is
satisfied that the Applicant possesses the requisite present good moral
character and fitness and shall advise the Applicant accordingly, no later than
the 150th day after the date the Application or Re-application and fees were
filed with the Board. If the determination is that the Applicant does not have
the requisite present good moral character and fitness, such notice shall
include:
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a detailed analysis of the results of the investigation; and
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an objective list of actions, if any, which the Applicant may
take to correct the deficiencies and become qualified for admission to the bar
after passing the bar examination.
(b) If, after investigation, the Board determines:
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that an Applicant may suffer from chemical dependency, the Board
shall require the Applicant to submit to a treatment facility for evaluation;
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that an Applicant suffers from chemical dependency, the Board
shall assist the Applicant in working with the Lawyers Assistance Program of the
State Bar of Texas or a similar program of the State Bar.
(c) A hearing may be set on any such preliminary negative
determination, in accordance with the provisions of Rule XV.
(d) Any preliminary determination that the Applicant possesses the requisite
present good moral character and fitness is issued on the condition that the
Applicant has faithfully complied with these Rules. If at any time before the
Applicant is certified to the Supreme Court for licensure it appears that the
Applicant obtained such preliminary determination via fraud, concealment,
deception, material omission, or by failure to comply with these Rules, the
Board may suspend such preliminary determination and continue its investigation
for an additional 90 days from the date the Board discovers the apparent fraud,
concealment, deception, material omission, or failure to comply with these
Rules. [Amended March 24, 2009.]
(e) The Applicant has a continuing duty to ensure the accuracy and completeness
of the Applicant’s responses on the Application and to update those responses
until the Applicant is certified to the Supreme Court for licensure. The
Applicant shall notify the Board, in writing, as soon as practicable, but no
later than 30 days after the Applicant knew or should have known of any
information necessary to ensure the accuracy and completeness of the Applicant’s
responses. The Applicant shall promptly furnish any additional documentation
requested by the Board in connection therewith. The Board is authorized to
re-open its investigation for up to 90 days following receipt of any addition,
change, or update to information previously provided to the Board. [Amended
March 24, 2009.]
Rulebook
since April 2, 2009
Last modified
04/15/09 08:51 AM
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