(A) Examination. Examination applicants are required to pass the MPRE and are required to pass by a combined score the MEE, MPT, and MBE. The MEE, MPT, and MBE must be taken at a single administration of the UBE.
(B) MPRE. The MPRE passing score will be established from time to time by the Court. The MPRE may be taken at any location approved for administration by NCBE.
(C) UBE. The UBE will be administered on consecutive days twice each year at times and places to be set by the Commission, consistent with the dates established by the NCBE. The first day of the examination will be devoted to the MEE and MPT prepared by the NCBE, and the second day will be devoted to the MBE prepared by the NCBE. The MBE is generally administered over a 6-hour interval, and the MEE and MPT are each administered over a 3-hour interval.
(D) Conduct of examinations. Bar examinations shall be administered under the supervision of the Commission. The director may appoint such proctors as are necessary to assist in conducting the examinations.
(E) Mode of examination.
(1) Identification. The Commission shall utilize an identification procedure that ensures the anonymity of the examinees throughout the examination and grading process.
(2) Conduct of examinees. Applicants shall not use any books, memoranda, notes, or any material or devices to assist them in answering questions. The director shall adopt such rules as are necessary to ensure the books, materials, notes, or any other devices are not present during the examination. All questions shall be answered solely from the applicant’s own knowledge and without assistance from any other source.
(3) Anonymity of grading. Applicants shall not in any manner attempt to influence the grading of their examinations Applicants shall not identify (or attempt to identify) themselves, their identification numbers, or their answers to any member of the Commission or any other person.
(4) Penalty for violation. If an applicant violates or attempts to violate § 3-117(E)(1) through (3), the applicant shall be given an automatic failing grade on the entire examination. The circumstances may be considered by the Commission as grounds for barring the applicant from retaking the Nebraska State Bar Examination at a later session.
(5) Handling of examination papers. At the beginning of each examination session, the examiner shall deliver to the applicants a copy of the questions to be answered at that session. The MBE, MPT, and the MEE shall be administered in the manner prescribed therefor. No questions, answer sheets, or other materials relating to the MBE or MEE shall be copied or removed from the examination room. Answers to the essay questions shall be typed or written on paper supplied by the Board. The applicant shall write all answers legibly in ink or by computer. The applicant must label and number his or her answers to correspond with the subject matter and numbers of that part of the examination and shall consecutively number each page of his or her answers to each part of the examination.
(6) Proctors. Proctors shall perform such duties as are assigned to them by the director of admissions. Their purpose shall be to facilitate the conduct of the examination and to ensure its integrity. Proctors shall not discuss, under any circumstances, the content of the examination with an applicant. The Commission may employ law enforcement officers to ensure safety and security of the examination site. Officers shall not discuss, under any circumstances, the content of the examination with an applicant.
(F) UBE passing score. The passing score will be established from time to time by the Nebraska Supreme Court. The passing score for the bar examination is currently a score of 270 on a single administration of the examination, determined by the scaled score on the MBE (multiple choice) weighted at 50 percent, the scaled score on the MPT weighted at 20 percent, and the scaled score on the MEE weighted at 30 percent. The passing score for the MPRE is currently 85.
(G) Stale scores. Passing scores on the UBE and the MPRE will be accepted for admission in Nebraska no longer than 5 years after the release of the passing score.
(H) Examination results/Commission reports. As soon as practicable after the conclusion of the examination, the Commission will make a written report to the Court of its recommendations. Upon a determination by the Commission that an applicant possesses all of the requirements of eligibility for admission to the bar and that he or she has successfully passed the UBE and MPRE, the Commission shall recommend to the Court that such applicant is eligible for admission.
(I) Notice to applicant. The Court shall notify, in writing, each applicant whether he or she has passed or failed the examination. All applicants who are approved by the Court will be admitted to practice upon taking the oath prescribed by law.
(J) Destruction of examinations. Unless otherwise directed by the Court, the Commission, or as provided in § 3-121, all examination papers shall be destroyed by the director 1 year after each examination.
Rule 17 adopted May 22, 1996; Rule 17 amended July 28, 1998. Renumbered and codified as § 3-117, effective July 18, 2008; § 3-117 amended July 25, 2013, effective August 1, 2013.