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Session Laws, 1989
Volume 771, Page 452   View pdf image
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Ch. 3                                           LAWS OF MARYLAND

Also in subsection (d)(1) of this section, the
references to the "Maryland Higher Education
Commission" are substituted for the former obsolete
references to the "Maryland State Department of
Education". Chs. 538 and 539, Acts of 1976,
transferred responsibility for higher education from
the State Department of Education to the State Board
of Higher Education. Ch. 246, Acts of 1988, abolished
that Board and vested many of its functions in the
Maryland Higher Education Commission. However, the
Business Occupations Article Review Committee notes,
for consideration by the General Assembly, that the
State Board of Law Examiners has indicated that, while
the former State Board of Higher Education issued
certificates for operation, its governance of programs
of institutions did not extend to the adequacy of a
particular curriculum. Generally, the scope and
adequacy of prelegal training are determined by law
schools.

In subsection (d)(2) of this section, the specific
reference to a law school "that the Board recognizes"
is substituted for the former word "recognized", for
clarity. This substitution is consistent with the
reference, in the first clause of the third sentence
of former Art. 10, § 3(b), to a law school "which may
be recognized by the State Board of Law Examiners".
That clause, which required only that applicants "have
studied law in a law school" is deleted in light of
the more stringent requirement for graduation.

Former Art. 10, § 4(a), which related to the prelegal
education requirements that existed between 1957 and
1968, and the second sentence of § 4(b), which related
to prelegal education requirements that existed from
the fall semester of 1968 until the fall semester in
1970, are deleted as obsolete.

The Business Occupations Article Review Committee
notes, for consideration by the General Assembly, that
the Standing Committee on Rules of Practice and
Procedure has proposed new rules to govern admission
to the Bar. See the 99th Report, 15:6 Md. R. 722-734
(March 11, 1988). Proposed Rule 3(a) would require an
applicant to complete a pre-legal education "necessary
to meet the minimum requirements for admission to an
American Bar Association approved law school." The
Reporter's Note recognizes that "[p]roposed Rule 3(a)
is inconsistent with Code, Article 10, § 4 ..." and
indicates that a proposal had been forwarded to the
General Assembly for amendment of the statutes
governing admission to be consistent with proposed
Rule 3(a).

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Session Laws, 1989
Volume 771, Page 452   View pdf image
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