Rule 9. GOOD CHARACTER AND FITNESS TO PRACTICE LAW

(a) General Requirement. Each applicant shall produce to the Board

satisfactory evidence of good character and fitness to practice law. This burden

is initially met by establishing in the completed application and additional

materials required by Rule 5 the absence of any information adverse to the

applicant’s character and fitness to practice law. If any such adverse information

is provided in the application and additional materials, or otherwise received by

the Board, the applicant has the burden of producing further evidence to explain

or rebut such information sufficiently to satisfy the Board that the applicant is of

good character and is fit to practice law. The attributes of character and fitness

to practice law that are relevant to this determination are those pertinent to the

trust placed in lawyers by the public and clients as well as to the requirement

that lawyers in this state comply with the Maine Bar Rules and the Maine Rules

of Professional Conduct.

(b) Board Review of Character and Fitness. The Board may verify all

information that it receives by any appropriate means, including the use of a

three-member review panel designated by the Chair pursuant to Rule 4(b). The

Board shall publish the list of applicants as soon as possible after May 20 and

December 20 of each year with a request that anyone having adverse

information bearing on the character and fitness to practice law of any applicant

communicate it to the Board.

t receives by any appropriate means, including the use of a

three-member review panel designated by the Chair pursuant to Rule 4(b). The

Board shall publish the list of applicants as soon as possible after May 20 and

December 20 of each year with a request that anyone having adverse

information bearing on the character and fitness to practice law of any applicant

communicate it to the Board.

(c) Review and Additional Investigation.

(1) Determination of Need for Three-Member Panel. Notwithstanding the

provisions of (2) herein, if the Chair, based upon the application, certificates,

references, unsolicited communications, or other information received,

determines that a hearing pursuant to Rule 9(d)(5) is necessary to resolve doubt

regarding the applicant’s good character and fitness to practice law, then the

Chair may forego the designation of a three-member review panel, and direct the

matter be set for hearing.

(2) Additional Investigation and Recommendations. If the application,

certificates, references, unsolicited communications, or other information

received by the Board cause the Board to doubt the good character and fitness to

practice law of an applicant, the Chair, if it has not already done so, shall

designate a three-member review panel pursuant to Rule 4(b) to conduct an

investigation on behalf of the Board. An applicant who is requested upon

reasonable notice to appear before the review panel to answer questions may be

represented by counsel. Interviews by the review panel shall be recorded by the

Board. Any other recording of the interview is prohibited. The review panel

may request that Counsel for the Board assist in conducting the investigation.

The review panel or, at its request, Counsel for the Board shall notify the

applicant of the nature of the investigation and that the investigation is going

forward and shall request that the applicant furnish explanations and further

information concerning the matter or matters in question

ibited. The review panel

may request that Counsel for the Board assist in conducting the investigation.

The review panel or, at its request, Counsel for the Board shall notify the

applicant of the nature of the investigation and that the investigation is going

forward and shall request that the applicant furnish explanations and further

information concerning the matter or matters in question. For each

investigation, a separate investigative file shall be maintained and shall be

available to the review panel and Counsel for the Board. The investigative file

shall contain all records and other information pertinent to the investigation,

including all information received by the review panel or Counsel for the Board.

If the investigation has been conducted by Counsel for the Board, at the

conclusion of the investigation Counsel for the Board shall make a

recommendation to the review panel, either that the Board find the applicant to

be a person of good character and is fit to practice law, or that the Board conduct

a hearing to resolve any doubt that remains concerning the applicant's good

character and fitness to practice law. Counsel for the Board shall summarize

with the recommendation the evidence upon which it is based.

(d) Hearing on Applicant’s Character and Fitness.

(1) Determination of Need. If the review panel, on the basis of all material

produced by the applicant or otherwise acquired by the review panel or Counsel

for the Board pursuant to subdivisions (a), (b), and (c) of this rule and in light of

any recommendation of Counsel for the Board, determines that doubt remains

concerning the applicant’s good character and fitness to practice law, the Board

shall conduct a hearing to determine whether the applicant is a person of good

character and is fit to practice law.

ired by the review panel or Counsel

for the Board pursuant to subdivisions (a), (b), and (c) of this rule and in light of

any recommendation of Counsel for the Board, determines that doubt remains

concerning the applicant’s good character and fitness to practice law, the Board

shall conduct a hearing to determine whether the applicant is a person of good

character and is fit to practice law.

(2) Hearing Panel. The matter shall be heard by a panel consisting of all

members of the Board except the members of the review panel. The hearing

panel shall exercise all powers of the full Board in the conduct of the hearing,

and the determination of the panel after hearing shall be the determination of

the full Board. Four members of the hearing panel, including one public member,

shall constitute a quorum for all actions and decisions.

(3) Representation by Counsel for the Board. Counsel for the Board shall

prepare and present the case against the applicant at the hearing under

paragraph (5) of this subdivision and shall represent the Board before a single

justice of the Supreme Judicial Court or the Law Court on petition under

paragraph (6) of this subdivision.

(4) Time of Notification and Hearing. The Board shall notify the applicant

and Counsel for the Board of the time, place, and purpose of the hearing

immediately after the review panel has decided that a hearing is required.

Unless that decision is made after the bar examination, such notification shall be

given to the applicant prior to the bar examination. The applicant shall be

permitted to sit for the examination if the hearing cannot be held before that

time or if the Board has not reached its decision.

ce, and purpose of the hearing

immediately after the review panel has decided that a hearing is required.

Unless that decision is made after the bar examination, such notification shall be

given to the applicant prior to the bar examination. The applicant shall be

permitted to sit for the examination if the hearing cannot be held before that

time or if the Board has not reached its decision.

(5) Conduct of Hearing.

A. At least 15 days before the time set for hearing, Counsel for the Board

shall mail to the applicant and file with the Board a written statement

summarizing the evidence that reflects adversely on the applicant’s character

and fitness to practice law, and stating that all material in the investigative file,

other than Counsel for the Board’s work product, will be available to the

applicant at Counsel for the Board’s office during usual office hours for

inspection and copying at the applicant’s expense. At least 15 days before the

time set for the hearing, Counsel for the Board and the applicant or Counsel for

the applicant, as the case may be, shall exchange witness and exhibit lists, and

each shall provide the Board seven (7) copies of each exhibit intended to be

introduced at the hearing by such party.

B. The hearing shall be open to the public, except that to protect the

interests of an applicant, witness, or third party, the Board may, upon

application and for good cause shown or on its own motion, issue a protective

order prohibiting the disclosure of specific information otherwise privileged or

confidential and direct that the proceedings be conducted so as to implement

that order. The deliberations of the Board following any hearing under this

subdivision shall not be open to the public. The decision of the Board following

any hearing under this subdivision shall be made available to the public.

C. Evidence shall be admitted at the hearing if it is the kind of evidence

upon which reasonable persons are accustomed to rely in the conduct of serious

mplement

that order. The deliberations of the Board following any hearing under this

subdivision shall not be open to the public. The decision of the Board following

any hearing under this subdivision shall be made available to the public.

C. Evidence shall be admitted at the hearing if it is the kind of evidence

upon which reasonable persons are accustomed to rely in the conduct of serious

affairs. The Board may exclude irrelevant or unduly repetitious evidence and

shall observe the rules of privilege recognized by law.

D. The applicant may be represented by counsel and may present

evidence. The applicant and Counsel for the Board may call, examine, and cross-

examine witnesses.

E. The Chair of the Board, or the member of the Board presiding at the

hearing in the absence of the Chair, shall have the power to administer oaths.

F. The Board shall cause all hearings to be stenographically or

electronically recorded in a form that will readily permit transcription.

G. Subpoena. A witness or the applicant may be summoned by subpoena

to give evidence or appear before the Board at the hearing. Any member of the

Board, a notary public, or any clerk of the Superior or District Court may issue

such subpoenas as well as subpoenas duces tecum to compel the production of

books, papers, and photographs or other documents or tangible things at or

before the hearing. At or before the time specified in the subpoena for

compliance therewith, the Board may quash or modify any subpoena issued

under this rule if it is determined that the subpoena is unreasonable or

oppressive. Witness fees in all proceedings before the Board shall be the same as

for witnesses in a civil action in the Superior Court

r other documents or tangible things at or

before the hearing. At or before the time specified in the subpoena for

compliance therewith, the Board may quash or modify any subpoena issued

under this rule if it is determined that the subpoena is unreasonable or

oppressive. Witness fees in all proceedings before the Board shall be the same as

for witnesses in a civil action in the Superior Court. When a witness who has

been subpoenaed fails to appear without reasonable excuse, the Supreme

Judicial Court or any justice thereof, or the Superior Court or any justice thereof,

or the District Court or any judge thereof, may, on application of the Board,

invoke the provisions of Rule 45(f) of the Maine Rules of Civil Procedure for such

failure.

H. The Board shall render a written decision within 30 days after the

conclusion of the hearing, determining either that the applicant is a person of

good character and is fit to practice law or that the applicant has not satisfied the

Board that the applicant is a person of good character and is fit to practice law.

At the applicant’s request, or in the discretion of the Board, a decision adverse to

the applicant shall include specific findings sufficient to support the Board’s

determination. A copy of the Board’s written decision and findings, if any, shall

be promptly mailed to the applicant or the applicant’s counsel and to Counsel for

the Board.

(6) Proceedings Following Board Determination.

A. Within 30 days after receipt of the Board’s written adverse decision, an

applicant may file with the Executive Clerk of the Supreme Judicial Court a

petition for admission to the bar seeking a determination that the applicant is a

person of good character and is fit to practice law. At the time of filing, the

applicant shall serve a copy of the petition upon Counsel for the Board and the

Board by ordinary mail.

B. Within 15 days after receipt by the Board of the petition, Counsel for the

Board shall file a response on behalf of the Board.

tition for admission to the bar seeking a determination that the applicant is a

person of good character and is fit to practice law. At the time of filing, the

applicant shall serve a copy of the petition upon Counsel for the Board and the

Board by ordinary mail.

B. Within 15 days after receipt by the Board of the petition, Counsel for the

Board shall file a response on behalf of the Board.

C. Proceedings upon the petition shall be a hearing de novo before a single

justice of the Supreme Judicial Court assigned by the Chief Justice to hear the

matter. In this paragraph (6), the word “court” shall mean the single justice of

the Supreme Judicial Court assigned to hear the proceeding. The following

procedures shall apply:

(i) The applicant shall be treated as plaintiff and the Board as defendant,

and the proceeding shall be captioned “[name of applicant] v. Board of Bar

Examiners.”

(ii) Counsel for the Board shall furnish to the applicant, within a

reasonable time after the filing of the Board’s response, at the applicant’s

expense, copies of all information in the applicant's Board file and Counsel for

the Board’s investigative file not previously disclosed, other than Counsel for the

Board’s work product, and copies of any exhibits presented at the Board’s

hearing not previously furnished. The stenographic or electronic record of the

hearing made in accordance with Rule 9(d)(5)F and any other matter within the

possession or control of Counsel for the Board or the Board that is discoverable

under Rule 26 of the Maine Rules of Civil Procedure shall be made available to

the applicant at Counsel for the Board’s office during usual office hours for

inspection and copying at the applicant’s expense.

(iii) The court may order further production of documents, or may limit

production, on motion and a showing of good cause.

rol of Counsel for the Board or the Board that is discoverable

under Rule 26 of the Maine Rules of Civil Procedure shall be made available to

the applicant at Counsel for the Board’s office during usual office hours for

inspection and copying at the applicant’s expense.

(iii) The court may order further production of documents, or may limit

production, on motion and a showing of good cause.

(iv) The court may in its discretion hold a prehearing conference with

Counsel for the Board and the applicant, or the applicant’s attorney, to consider

such matters as may aid in the disposition of the proceeding. The court may by

written order limit the issues to be heard.

(v) At the hearing, evidence shall be admitted if it is the kind of evidence

upon which reasonable persons are accustomed to rely in the conduct of serious

affairs. The court may exclude irrelevant or unduly repetitious evidence and

shall observe the rules of privilege recognized by law.

D. At all times, the applicant retains the burden of producing to the court

satisfactory evidence of good character and fitness to practice law and of

persuading the court that the applicant is a person of good character and is fit to

practice law.

E. If the court is not satisfied that the applicant is a person of good

character, or if the court is not satisfied that the applicant is fit to practice law,

the court shall enter judgment accordingly. If the court finds that the applicant

is a person of good character and is fit to practice law, it shall enter judgment

accordingly and shall remand the proceeding to the Board with instructions to

issue a certificate of qualification to the applicant, provided that the

requirements of Rule 8(2) and Rule 8(3) are met.

F. The applicant or the Board may appeal to the Law Court as in a civil

action within 10 days from the entry of the judgment of the single justice.

fit to practice law, it shall enter judgment

accordingly and shall remand the proceeding to the Board with instructions to

issue a certificate of qualification to the applicant, provided that the

requirements of Rule 8(2) and Rule 8(3) are met.

F. The applicant or the Board may appeal to the Law Court as in a civil

action within 10 days from the entry of the judgment of the single justice.

G. When the court enters a judgment against the applicant, if it determines

that the grounds of the petition were frivolous, it may require the applicant to

pay the reasonable expenses incurred by the Board and Counsel for the Board in

the investigation of the matter or in the conduct of hearings before the Board or

before the single justice or the Law Court. The court may make such orders as

are just concerning the payment of such expenses.