Investigation of qualifications of applicants for admission to the bar.

Checkout our iOS App for a better way to browser and research.

(a) For the purpose of investigating the moral qualifications or general fitness of any applicant for admission to the bar of the state upon motion or examination, the chairperson of the State Bar Examining Committee and each chairperson of any standing committee on recommendations for admission to the bar, in any county, shall have power to compel the attendance and testimony before it, or before any member thereof, by subpoena and capias issued by such chairperson or other competent authority, of any person who the chairperson reasonably believes may have information useful to the committee in its investigation, at such time and place in the town in which the investigation is being made as may be designated in the subpoena. For such purpose any chairperson may compel the production before the committee, or any member thereof, by subpoena duces tecum, of any books, records, including any military service records, or papers which the chairperson reasonably believes may contain information useful to the committee in its investigation.

(b) A person shall not be excused from testifying before the committee, or any member thereof or from producing books, records or papers on the ground that the testimony or the production of the books, records or papers will tend to incriminate him, but such evidence shall not be used in any criminal proceedings against him.

(c) If any person disobeys any such subpoena or, having appeared in obedience thereto, refuses to answer any pertinent question put to him by the committee or any member thereof, the committee or member may complain to the state's attorney of the judicial district within which the investigation is being made, who, upon being furnished with the necessary information, shall immediately apply to the Superior Court, or to a judge thereof if the court is not in session, setting forth such disobedience to process or refusal to answer. The court or judge shall cite such person to appear before the court or judge and shall inquire as to the truth of the allegations contained in the application. If the court or judge finds the allegations to be true, the court or judge shall commit the person to a community correctional center until he testifies, but not for a longer period than sixty days.

(d) Any such process may be directed to any proper officer and the officer shall serve the process as commanded therein.

(e) The State Bar Examining Committee shall develop and implement a procedure to adapt the administration of the bar examination to the needs of persons with disabilities, provided any such adaptation shall not compromise the validity of the examination. Such procedure shall include a method of informing persons with disabilities of the opportunity to request such an adaptation.

(1949 Rev., S. 7639; 1969, P.A. 297; P.A. 82-248, S. 70; P.A. 90-151, S. 2, 3.)

History: 1969 act substituted “community correctional center” for “jail”; P.A. 82-248 reworded provisions but made no substantive changes; P.A. 90-151 changed “chairman” to “chairperson”, included military records as records which are subject to subpoena, and added Subsec. (e) requiring the bar examining committee to develop and implement procedure for administration of bar exam to persons with disabilities.


Download our app to see the most-to-date content.