Lamb v. State Board of Law Examiners
777 N.W.2d 343
| N.D. | 2010Background
- Lamb appeals district court orders denying his writ of mandamus and motion to reconsider.
- Board recommended Lamb not be admitted to North Dakota Bar based on February 2008 results.
- Lamb sought discovery about exam procedures; hearing panel provided some information but denied others.
- Lamb jointly requested information via open records laws; Attorney General declined due to timeliness.
- District court found no clear legal right to the information under confidentiality rules and open records law.
- Court held Admission to Practice Rule 13 governs confidentiality of bar examination materials.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to mandamus for disclosure | Lamb: records should be open; mandamus warranted | Board: records confidential under Rule 13 | No clear legal right; mandamus denied |
| Effect of Rule 13 on confidentiality | Lamb: Rule 13 improperly confines public records | Board: Rule 13 authorizes confidentiality | Rule 13 controls; records confidential |
| Constitutional and statutory authority to promulgate rules and public access | Lamb: Court's rules trump confidentiality | Court has authority to regulate admission with confidentiality | Court's authority supports confidentiality |
Key Cases Cited
- Eichhorn v. Waldo Twp. Bd. of Supervisors, 2006 ND 214 (ND 2006) (mandamus abuse-of-discretion standard)
- Admission to Practice R. 13(A) (North Dakota State Bar), unofficial (1990) (confidentiality of board records)