In re Lewis Y. BirtAnnotate this Case
Applicant Lewis Birt successfully completed Vermont’s Law Office Study (LOS) Program in April 2000. Thereafter, applicant sat for the Vermont bar exam four times between 2002 and 2004, failing each time. In July 2019, applicant filed an application with the Vermont Board of Bar Examiners (BBE) to sit for the February 2020 bar exam. Licensing Counsel reviewed the application and raised concerns about both the length of time between applicant’s completion of the LOS Program, the 2019 application, and the number of applicant’s prior unsuccessful examination attempts. In light of those concerns, Licensing Counsel asked applicant if he wished to go forward with the application. Applicant elected to do so, and, in November 2019, supplied additional information directed at the concerns Licensing Counsel raised. At its December 2019 meeting, the BBE decided to deny applicant’s request to sit for the 2020 bar examination. In doing so, it relied on Rule of Admission to the Bar of the Vermont Supreme Court 9(b)(1), which requires an applicant to sit for the bar exam within five years of completing the LOS Program unless the time is extended for good cause, and Rule 9(b)(4), which limits an applicant to four attempts to pass the examination unless the BBE waives the limitation upon a proper showing. The Vermont Supreme Court agreed with the BBE's finding that there was no cause to extend the five-year limit. Since his last exam in 2004, applicant worked as a musician, church residential real-estate manager, paralegal studies teacher for a for=profit school, and as a court reporter. Absent a waiver, applicant was deemed ineligible to sit for the 2020 bar examination because he did not meet the requirements of Rule 9(b)(1), and the Supreme Court concurred his application was properly denied.