Texas Board of Law Examiners:

An Inventory of Minutes at the Texas State Archives, 1983-1991, 1994-1999

Agency History

The Texas Board of Law Examiners was created in 1919 (Senate Bill 99, 36th Legislature, Regular Session), to aid the Supreme Court of Texas in admitting persons to the practice of law. To do this, the board determines the eligibility of candidates for admission to the State Bar, holds hearings on moral character and fitness, prepares and administers the bar examinations, and determines whether attorneys from other states meet the admission requirements. Once all of the qualifications have been met, the board recommends candidates to the Supreme Court for licensing.

From 1846 to 1903, admission to the practice of law in Texas was determined by the various district courts for local practice, and by the Supreme Court for appellate practice. From 1903 to 1919, each court of appeals created its own board of law examiners.

The Board of Law Examiners consists of nine members (originally five, increased in 1977), appointed by the Supreme Court for two-year terms. Each member must be at least 35 years old, must be licensed to practice law in Texas, and must have had at least ten years of experience as a lawyer or judge of a court of record. Members are compensated by a sum set annually by the Supreme Court, not to exceed $20,000. The board appoints an executive director.

By 1994, hearings on moral character and fitness began to be conducted separately by a hearings panel composed of three members of the board in rotation (each member serving a turn).

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Scope and Contents of the Records

These records consist of copies of minutes of meetings of the Texas Board of Law Examiners, 1983-1991 and 1994-1999; and of minutes of the Hearings Panel of the Board of Law Examiners, 1994-1999. Items of discussion and action in the earlier board meetings (1983-1991) include hearings on moral character and fitness of candidates for admission to the State Bar in Texas; consideration of questions of eligibility and individual requests; appearance of bar examinees before the board for formal Rule VII(i) review (providing an oral or written analysis of the applicant's performance on the essay portion of either part of the Bar exam failed); review of the budget and other administrative items; and various other discussions (e.g. responses of deans of Texas law schools agreeing to review essay questions, a study of admission standards of other states, etc.). Certain names have been redacted by the Board of Law Examiners from these earlier minutes, mainly from the hearings summaries.

Beginning in 1994, hearings on moral character and fitness were conducted separately by a hearings panel composed of three members of the board in rotation (each member serving a turn). The board meetings proper concentrate on other matters, such as financial reports and investment reports (both of which are included as attachments), reports of the Implementation Committee, reports of the Executive Director, reports of the Director of Character and Fitness, reports of the Director of Eligibility and Examination, litigation reports, consideration of amendments to the Rules Governing Admission to the Bar of Texas, special requests, plus an occasional hearing on moral character and fitness.

Minutes are created to document in a thorough but summary fashion the official actions of the board, and of the hearings panel, in its meetings.

To prepare this inventory, the described materials were cursorily reviewed to delineate series, to confirm the accuracy of contents lists, to provide an estimate of dates covered, and to determine record types.

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Restrictions

Restrictions on Access

None for the records in the holdings of the Texas State Archives (described in this finding aid).

Minutes before 1994 were redacted by the agency prior to transfer, to mask the names of some (but not all) applicants for the bar exam. The Texas State Archives does not have the unredacted copies, which are retained by the Texas Board of Law Examiners, and which may contain portions that fall under Public Information Act exceptions.

According to Texas Government Code, Section 82.003, Open Records and Open Meetings: "(a) Except as provided by Subsections (b) and (c), the Board of Law Examiners is subject to Chapter 552, and Chapter 551....(c) Deliberations relating to moral character and fitness of an applicant may be closed to the public, and records relating to these subjects are exempt from disclosure...."

Restrictions on Use

None.

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Related Material

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Administrative Information

Preferred Citation

(Identify the item), Minutes, Texas Board of Law Examiners. Archives and Information Services Division, Texas State Library and Archives Commission.

Accession Information

Accession numbers: 1998/044, 1999/111, 2000/129

These records were transferred to the Archives and Information Services Division of the Texas State Library and Archives Commission by the Texas Board of Law Examiners on November 26, 1997; June 8, 1998; February 25, 1999; and March 13, 2000.

Processing Information

Tony Black, August 1998, March 2000

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Detailed Description of the Records

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