Vt. Bar Admission Rule 9

(a) Administration of the UBE. The Uniform Bar Examination is administered twice each

year, in February and in July, on dates designated by the NCBE. The Board may administer the UBE

in Vermont or, in its discretion, may cooperate with a neighboring state that has adopted the UBE

to jointly administer the examination, so long as the examination is offered at a location reasonably

convenient to Vermont.

(b) Examination Requirements and Passing Score.

(1) Sitting for Entire Examination. An Applicant must sit for all parts of the UBE at a single

administration of the Exam.

(2) Passing Score. To pass the UBE for admission to the Vermont Bar, an Applicant must

attain a score of 270 or higher on the legacy Uniform Bar Examination or a score of 620 or

higher on the NextGen Uniform Bar Examination.

(3) Limitation on Continued Sittings. An Applicant who has failed the bar examination

four times will not be permitted to sit for the UBE in Vermont. For purposes of this rule,

attempts to achieve a passing score on the UBE count toward the limit of four regardless of

where the Applicant sat for the UBE. The four-attempt limitation may be waived upon a strong

showing, to the Board’s satisfaction, that the Applicant has substantially improved the

Applicant’s Exam preparation and there is good cause warranting the requested waiver.

(c) Application Process. To be eligible to take the Uniform Bar Examination, an Applicant

must file an Application with the Board. It is the Applicant’s burden of proof to establish

compliance with the Application process.

(1) Application Contents. Each Application must:

(A) be on the appropriate Board-approved forms;

(B) include the Applicant’s NCBE number; and

(C) include a signed authorization and release form.

(2) Deadlines for Filing. An Application must be received on or before the applicable

deadline.

(A) July Examination: Application must be received by the preceding April 15.

(B) February Examination: Application must be received by the preceding November

15.

(3) Late-Filed Application. A late-filed Application must be accompanied by an official law

school transcript and a written request to the Board seeking permission for the late filing. The

Applicant must demonstrate extraordinary circumstances to justify the late filing. The Board

has discretion to accept or deny a late-filed petition.

(4) Proving Fulfillment of Education Requirements. Before taking the Uniform Bar

Examination, the Applicant must prove fulfillment of the education requirements. The NCBE

verification will suffice to demonstrate graduation from law school, but the Board has the

discretion to request an official law school transcript to ensure compliance.

(5) Early Examination. An Applicant studying at an Approved Law School may sit for the

UBE before graduation if the Applicant has successfully completed the equivalent of five

semesters of full-time study (including academic instruction on each of the subjects tested on

the UBE) prior to taking the UBE. Before sitting for the examination, the Applicant must submit

an official law school transcript documenting that study and a letter from the law school stating

that the school has determined that the Applicant is academically prepared for early testing. To

qualify for admission, the Applicant must graduate from an Approved Law School within seven

months after sitting for the UBE. The Applicant must also satisfy all other requirements for

admission.

(6) Continuing Application. An Application is considered a continuing application,

meaning the Applicant has a duty to supplement all information provided to the Board up to

and including the date of admission to the Bar.

(7) Refiling Application. An Application must be refiled if an Applicant:

(A) does not sit for the examination as previously permitted;

(B) does not achieve a passing score on the UBE;

(C) withdraws the Application; or

(D) is denied admission. If the Applicant is denied admission after achieving a

passing score, the Applicant can use that passing exam score to satisfy the exam

requirement for admission by examination for up to 5 years after the date of the

administration of the exam.

(d) Notifying Applicants. The Board will send an informational letter to each Applicant,

which will include at least the following:

(1) The dates, times, and locations for the UBE;

(2) An anonymous identification number to be used on all examination materials;

(3) An admission ticket to be used for admission to the UBE;

(4) The rules and procedures for the administration of the UBE; and

(5) The procedure for reporting of scores.

For the February Examination, the informational letter will be sent before February 1. For the July

Examination, the informational letter will be sent before July 1.

(e) Identifying Applicants. At the examination site, Applicants are required to present

government-issued photo-identification. Applicants may also be required to have their fingerprints

taken for identification purposes.

(f) Deadline to Request Reasonable Accommodations. A request for reasonable

accommodations for the UBE must be filed no later than the Application deadline, except upon a

showing of extraordinary circumstances.

Board’s Notes—2026 Amendment

In preparation for the adoption of the NextGen bar exam, Rule

9(b)(2) is amended to set the passing score for the NextGen UBE at

620. This score represents a direct mapping from the passing score

of 270 on the legacy UBE. The Board finds that a passing score of

620 on the NextGen UBE is well-supported by the procedures used

by the NCBE to determine the mapping and is also the best way to

maintain stability in bar admissions as Vermont transitions from the

legacy UBE to the NextGen exam.

Rule 9(c)(7)(B) is also amended to incorporate the NextGen UBE

into the requirement for refiling an application.

Board’s Notes—2026 Amendment

In conjunction with an amendment to Rule 13, Rule 9(b)(1) is

deleted to remove the requirement that the exam must be taken no

later than five years after the Applicant completes the necessary

educational requirements. To the Board’s knowledge, no other

jurisdiction has such a rule. Further, in the Board’s experience,

whether an Applicant passes the bar exam is a more concrete

measure of minimal competence such that the five-years-from-graduation rule is not necessary to protect the public. Former

paragraphs 9(b)(2)-(4) are renumbered (b)(1)-(3). The binary gender

pronouns in former (b)(4) are removed.

Rule 9(c)(7)(D) is amended to allow an Applicant who obtains a

passing score on the exam but is denied admission to use that exam

score to satisfy the exam requirement for admission by examination

for up to five years from the date of the administration of the exam.

Board’s Notes—2025 Amendment

The exam application deadlines in Rule 9(c)(2)(A) and (B) are

moved two weeks earlier to April 15 and November 15,

respectively, to allow more time for the Board to process requests

for exam accommodations, including the possible use of outside

experts.

Board’s Notes—2023 Amendment

Rule 9(b)(1) is amended to clarify that an applicant must be

on active status in the other U.S. jurisdiction to qualify for the

exemption from the five-years-from-graduation requirement.

Board’s Notes—2022 Amendment

In conjunction with a similar amendment to Rule 13(d), Rule

9(b)(1) is amended to clarify what factors the Board of Bar

Examiners considers when determining whether to waive the

requirement that the bar exam be taken within five years of

graduating from law school or completing the LOS Program.

The wording in Rule 9(b)(3) regarding the passing UBE score is

also corrected to specify that an Applicant must receive a score of

270 or higher.

Board’s Notes—2021 Amendment

Rule 9(c)(5), which details the eligibility requirements to sit for

the UBE prior to graduation, is amended to require that applicants

take the academic instruction necessary to prepare for the UBE and

are approved by their law school to sit for the UBE prior to

graduation. The purpose of this amendment is to ensure that early

examination applicants are properly prepared for the UBE and that

the Board is not overwhelmed by too many such applicants.

The time in which an early examination applicant must submit

proof of graduation is increased to accommodate applicants who sit

for the July bar and graduate at the end of the following fall

semester.

Board’s Notes – 2018 Amendment

Rules 9(b)(1), 11, and 13(e) have been revised to ensure

consistency and clarity with regards to the permitted age of UBE

and MPRE scores. Rule 9(b)(1) is revised to make it clear that

applicants must be active attorneys to waive the five-year limitation

and that Board approval is not necessary for such a waiver. Also,

Rule 9(b)(1) now allows for an extension to the time limitation for

good cause, consistent with existing Rule 13(d) and the revisions to

Rules 11 and 13(e). See Board’s Notes to simultaneous amendments

to Rules 11 and 13.

Board’s Notes – 2017 Amendment

The revised rule, effective April 18, 2016, eliminated the option

of applying to the Board for permission, on a showing of good

cause, to sit for the exam a fifth time. The amendment to Rule

9(b)(4) reinstates the option of applying to the Board for permission

to sit for the Exam a fifth time (which was the prior practice of the

Board before the adoption of the UBE). The amendment makes

clear that the Board has the discretion to waive the four-attempt

limitation where (1) an Applicant has made a strong showing of

improved exam preparation, such that he or she is well prepared to

pass the Exam, (2) there is good cause to grant the waiver (e.g., a

previously undiagnosed learning disorder), and (3) the limitation

would not serve to protect the public. The amendment does not

allow the Board to grant permission for an Applicant to sit a sixth

time.

Board’s Notes – 2016 Amendment

An amendment of Rule 9(b)(1), effective December 5, 2016,

extends from three years to five years the time within which an

applicant must sit for the bar exam after graduating law school or

completing the LOS program.

Elements of Rule 9 are drawn from the prior rules §§ 8, 9, and

10, but much of the rule is new, and reflects the adoption of the

Uniform Bar Examination.

Consistent with the adoption of the UBE, the rule provides the

Board discretion to coordinate administration of the exam with

neighboring jurisdictions, so long as the exam is administered at a

site that is reasonably convenient to Vermont. For example, the

Board may explore jointly administering the exam with New

Hampshire at a central location.

The rule includes a new provision that an Applicant must sit for

the bar examination within three years of graduating from law

school or completing the law office study program, unless the

applicant is licensed to practice law in another jurisdiction.

Another new provision allows law students to sit for the

examination after completing five semesters of law school, which

for most students in full-time programs would be in February of the

third year. To qualify for admission under this provision, an

Applicant must graduate within six months of sitting for the exam.

Consistent with the prior rule § 10(k), Applicants may not sit for

the examination more than four times. Rule 9 (and Rule 13) apply

the same limit to UBE attempts in any jurisdiction. The new rules

eliminate the option of applying to the Board for permission, on a

showing of good cause, to sit for the exam a fifth time. The former

provision cannot be administered uniformly with respect to other

UBE jurisdictions, because the Board cannot control who sits for the

examination in those jurisdictions.

Other provisions address administrative requirements, either

reflecting current practice, such as requiring identification at the

exam, or reflecting changes associated with the UBE.