Rule 1:23-5. Bar Examination Test-Taking Improprieties

(a) All allegations of impropriety in the taking of a bar examination by a bar applicant who has not been admitted to practice law in this state shall be investigated and prosecuted by the Director, Office of Attorney Ethics in accordance with the applicable provisions of R. 1:20-1 et. seq., except that:

(1) the burden of proving the charges shall be by a preponderance of the credible evidence; (2) the Supreme Court shall appoint a special master to make findings of fact and recommended conclusions;

(3) the special master's report shall be forwarded to the Board of Bar Examiners for appellate review on the record, including oral argument, before a three-member panel of the Board appointed by the Chair;

(4) the decision of the Board of Bar Examiners shall be submitted to the Supreme Court for such final action as it deems appropriate, including oral argument if directed by the Court; and

(5) issues of confidentiality, access to and dissemination of information in these cases shall be governed by R. 1:20-9.

(b) If such allegations of impropriety arise after the bar applicant has been admitted to the bar of this state, the matter shall proceed as any other attorney disciplinary matter in accordance with R. 1:20-1 et seq.