Print Version
Previous PageFile uploaded: 6/15/2012

Rule 14-720. Confidentiality.

(a) Confidentiality. Confidential Information relating to admissionsshall not be disclosed other than as permitted by this article. ConfidentialInformation includes but is not limited to all records, documents, reports,letters and sources whether or not from other agencies or associations,relating to admissions and the examination and grading process.

(b) Disclosure of Confidential Information in admissions process.Nothing in this article limits disclosure of Confidential Information to theBoard and the Bar's employees, committees and their agents in connection withthe performance of and within the scope of their duties. The Bar is authorizedto disclose information relating to Applicants as follows:

(b)(1) records pertaining to an Applicant as authorized by theApplicant in writing for release to others;

(b)(2) information to the NCBE regardingpersons who have filed applications for admission;

(b)(3) the names of Applicants and the names of Applicants who areeligible for admission to the Bar; and

(b)(4) the Applicant?s exam results to the law school from which theApplicant graduated.

(c) Disclosure of Confidential Information to Applicant. An Applicantand an Applicant's attorney are entitled to Confidential Information directlyrelated to the Applicant:

(c)(1) which is to be considered by the Character and Fitness Committeein conjunction with a formal hearing in accordance with Rule 14-708(c); and

(c)(2) as permitted by Rule 14-714.

(d) Privileged Information. Neither an Applicant nor an Applicant'sattorney nor any person is entitled to Privileged Information.

(e) Communications relating to applications. Letters or informationrelating to an Applicant in which the writer requests confidentiality shall notbe placed into evidence or otherwise made available to the decision-making bodyor anyone else involved in a decision-making capacity with respect to theadmission of the Applicant. Such material will be destroyed by the admissions office.Any person having knowledge of the content of the information shall withdrawfrom participation in the matter, and if necessary persons shall be appointedto replace those required to withdraw from the decision-making process.

(f) Release of information. Except as otherwise authorized by order ofthe Supreme Court, the Bar shall deny requests for Confidential Information butmay grant the request if made by one of the following entities:

(f)(1) an entity authorized to investigate the qualifications ofpersons for admission to practice law;

(f)(2) an agency or entity authorized to investigate the qualificationsof persons for government employment;

(f)(3) a lawyer discipline enforcement agency; or

(f)(4) an agency or entity authorized to investigate the qualificationsof judicial candidates.

(g) Release of Confidential Information. If the request forConfidential Information is granted, it shall be released only uponcertification by the requesting agency or entity that the ConfidentialInformation shall be used solely for authorized purposes. If one of theabove-enumerated entities requests Confidential Information, the Bar shall givewritten notice to the Applicant that the Confidential Information will bedisclosed within ten calendar days unless the Applicant obtains an order fromthe Supreme Court restraining such disclosure.

(h) Immunity from civil suits. Participants in proceedings conductedunder this article shall be entitled to the same protections for statementsmade in the course of the proceedings as participants in judicial proceedings.The admissions-related committee members, the Deputy General Counsel, theGeneral Counsel and admissions staff shall be immune from suit for any conductcommitted in the course of their official duties, including the investigatorystage. There is no immunity from civil suit for intentional misconduct.

(i) Persons providing information toadmission office or admissions-related committees. Every person or entity shallbe immune from civil liability for providing, in good faith, documents,statements of opinion, records or other information regarding an Applicant orpotential Applicant for admission to the Bar to the admissions office or tothose members of the admissions-related committees.