(A) Classification of Applicants.
(1) Class I-A applicants who may be admitted to practice in Nebraska upon approval of a proper application are those:
(a) who, as determined by the bar commission, have been admitted to, and are active and in good standing in, the bar of another state, territory, or district of the United States, and
(b) who at the time of their admission had attained educational qualifications at least equal to those required at the time of application for admission by examination to the bar of Nebraska, and
(c) who have passed an examination equivalent to the examination administered in the State of Nebraska, and, beginning in 1991, who have passed the Multistate Professional Responsibility Examination with the score required by Nebraska.
(2) Class I-B applicants who may be admitted to practice in Nebraska upon approval of a proper application are those:
(a) who have been licensed and are active and in good standing in the practice of law in another state, territory, or district of the United States preceding application for admission to the bar of Nebraska and have actively and substantially engaged in the practice of law in another state, territory, or district of the United States for 5 of the 7 years immediately preceding application for admission, and
(b) who at the time of their admission had attained educational qualifications at least equal to those required at the time of application for admission by examination to the bar of Nebraska.
(3) Class I-C applicants who may be admitted to practice in Nebraska upon approval of a proper application are those:
(a) who have taken the Uniform Bar Examination (UBE) in another jurisdiction and have earned at least the minimum score as determined by the Nebraska Supreme Court, and
(b) have attained educational qualifications at least equal to those required by the time of application for admission by examination to the bar of Nebraska, and
(c) who have passed the Multistate Professional Responsibility Examination and earned a score as determined by the Nebraska Supreme Court.
(4) For purposes of these rules, "practice of law" means:
(a) The private practice of law as a sole practitioner or as an attorney employee of, or partner or shareholder in, a law firm, professional corporation, legal clinic, legal services office, or similar entity; or
(b) Employment as an attorney for a corporation, partnership, trust, individual, or other entity with the primary duties of:
(i) Furnishing legal counsel, drafting documents and pleadings, and interpreting and giving advice with respect to the law; or
(ii) Preparing cases for presentation to or trying before courts, executive departments, or administrative bureaus or agencies; or
(c) Employment as an attorney in the law offices of the executive, legislative, or judicial departments of the United States, including the independent agencies thereof, or of any state, political subdivision of a state, territory, special district, or municipality of the United States, with the primary duties of:
(i) Furnishing legal counsel, drafting documents and pleadings, and interpreting and giving advice with respect to the law; or
(ii) Preparing cases for presentation to or trying cases before courts, executive departments, or administrative bureaus or agencies; or
(d) Employment as a judge, magistrate, hearing examiner, administrative law judge, law clerk, or similar official of the United States, including the independent agencies thereof, or of any state, territory, or municipality of the United States, with the duties of hearing and deciding cases and controversies in judicial or administrative proceedings, provided such employment is available only to an attorney; or
(e) Employment as a teacher of law at a law school approved by the American Bar Association throughout the applicant's employment; or
(f) In the event that the applicant has not served for a full 5 of the last 7 years with any of the entities listed in subparagraphs (a) through (e) above, for purposes of this paragraph, the applicant may use any combination of subparagraphs (a) through (e) above.
(5) All other applicants are Class II applicants, who must take a written examination.
(6) For purposes of these rules, written examination shall mean the Uniform Bar Examination (UBE) comprised of the Multistate Essay Examination (MEE), the Multistate Performance Test (MPT) and the Multistate Bar Examination (MBE), as prepared and coordinated by the National Conference of Bar Examiners (NCBE).
(7) Applicants with the qualifications to be classified as Class I-A, Class I-B, or Class I-C applicants shall not be permitted to apply for the written examination taken by Class II applicants without the prior approval of the bar commission, which approval may be given on good cause shown.
(1) All applications must be made on forms furnished by the commission.
(2) Fees are required by all applicants in an amount fixed by the Supreme Court and must be paid in cash, bank cashier's check, or money order. Fees may be refunded in accordance with guidelines adopted by the commission.
(C) Education Qualifications; Class II Applicants. All applicants must have received at the time of the examination their first professional degree from a law school approved by the American Bar Association. An applicant without a first degree from an approved law school shall be permitted to take the examination if such applicant will receive a first degree from an approved law school within 60 days after the date of the examination taken. In cases of hardship, the Supreme Court may, upon written application stating the nature and reason for the hardship to the applicant, permit the examination to be taken by an applicant before all other requirements have been fulfilled.
(D) Policy on Applicants with a Disability. The bar commission will follow special rules set forth in the Policy on Applicants with a Disability, Appendix C.
(E) Oath of Admission. No applicant will be admitted to the bar of Nebraska until such time as he or she has taken the oath of admission prescribed by the Supreme Court. No Class I applicant will be permitted to take such oath later than 18 months subsequent to the date upon which his or her application has been approved. No Class II applicant will be permitted to take such oath later than 18 months subsequent to the date of the announcement by the Court that he or she has passed the examination. Nothing precludes reapplication for admission. Admission of all applicants, including applicants who are being admitted with conditions set by the Supreme Court, will be by order of the Court, and certificates of admission issued to applicants will be signed by a Judge of the Court.
Rule 5(B)(3) eliminated February 10, 1993; Rule 5(C) amended May 22, 1996; Rule 5(D) and (E) amended July 28, 1998; Rule 5(E) amended May 23, 2001; Rule 5(C) amended January 29, 2003; Rule 5(A)(1) amended May 13, 2004; Rule 5(A)(5) adopted February 9, 2005. Renumbered and codified as § 3-105, effective July 18, 2008; §§ 3-105(A)(3)(a)-(c), and (4)-(7) amended January 11, 2012, effective January 1, 2013.