Waiver Process and Policy
of the Board of Bar Examiners and the Board to Determine Fitness of Bar Applicants
Part F, Section 5 of the Rules Governing Admission to the Practice of Law in Georgia states that both the Board to Determine Fitness of Bar Applicants and the Board of Bar Examiners may “. . . for good cause shown by clear and convincing evidence” waive any of the Rules with certain limited exceptions (relating to the payment of fees and the regrading of the bar exam). Both Boards have adopted this statement of the process that applicants should follow, and that the Boards will utilize, for a waiver request.
Applicants have the burden to provide the clear and convincing evidence that establishes good cause for a waiver to be granted. To file a waiver petition, applicants must first register and then contact the Office of Bar Admissions at gabaradmissions@gasupreme.us to request a waiver application. Upon the submission of the application and the $250 filing fee, the applicant should upload the waiver petition in the form of a letter to the applicable Board. That letter should state the basis for the waiver, keeping in mind the applicant’s burden to show good cause. The applicant should also upload any supporting documentation as requested by the Office of Bar Admissions. After the petition and all supporting documentation have been uploaded, the Office of Bar Admissions will present the waiver petition at the next scheduled Board meeting.
The Fitness Board meets in the early part of each month (except for July and August). The Board of Bar Examiners meets approximately once every three months. Any waiver request that is received less than two weeks prior to the next meeting of either Board will not be considered until the succeeding meeting. Once the Board makes a determination on the waiver request, notice of the Board’s decision will be provided in writing to the applicant as soon as possible.
In the rare event that an applicant is able to document a change in facts or circumstances related to a denied waiver request, the applicant may submit a single request for reconsideration to either Board. The request for reconsideration shall provide documentation of the change in facts or circumstances that form the basis for the request. If such documentation is not provided, the request for reconsideration will not be considered by the Board.
In applying for a waiver, all communications must be through the Office of Bar Admissions. Direct contact with a Board member by an applicant or the applicant’s representative is prohibited by Part F, Section 5 of the Rules. Questions about any issue related to waiver requests should be submitted to gabaradmissions@gasupreme.us.