Background
Rule VI of the Arkansas Rules Governing Admission to the Bar previously required bar applicants to execute their petition and take the oath before “some officer authorized by law to administer official oaths,” while expressly excluding notaries public from that authority. The rule’s reference to officers “authorized by law” left ambiguity about exactly which officials could lawfully administer the attorney oath.
The Arkansas Supreme Court acted on its own motion to clarify and modernize the rule, replacing the open-ended statutory cross-reference with a self-contained enumerated list of authorized officers directly within the rule itself.
The Court’s Holding
In a per curiam order effective immediately, the Arkansas Supreme Court amended Rule VI(A) to replace the phrase “authorized by law to administer official oaths” with “authorized by this rule,” making the rule the sole source of authority for administering the attorney oath rather than an external statutory reference. The court simultaneously added new Rule VI(B), which enumerates nine categories of officers empowered to administer the oath.
The authorized officers now include the Secretary of State or designee; current or former justices or judges of Arkansas courts (Supreme Court, Court of Appeals, circuit, district, and county courts) and courts of any other state, U.S. territory, or the District of Columbia; current or former federal justices or judges (U.S. Supreme Court, Courts of Appeals, and District Courts); county and circuit court clerks; justices of the peace; clerks of first-class cities; recorders of second-class cities or incorporated towns; and the Clerk of the Arkansas Supreme Court and deputies.
Key Takeaways
- Notaries public remain expressly prohibited from administering attorney oaths in Arkansas.
- The rule is now self-contained: authority to administer the oath flows from Rule VI itself, not from general state statutes governing official oaths.
- The amendment broadens flexibility by including current and former judges from other states, U.S. territories, the District of Columbia, and the federal judiciary.
- The amendment took effect immediately upon issuance on June 11, 2026.
Why It Matters
For Arkansas bar applicants and the attorneys who sponsor them, the amendment removes uncertainty about which officials may lawfully administer the oath required for bar admission. By consolidating authority in the rule itself, the court eliminates the need to consult outside statutes and reduces the risk of oaths administered by unauthorized officers being challenged.
The explicit inclusion of out-of-state and federal judges as authorized administrators is a practical benefit for applicants who may be sitting for the Arkansas bar while located elsewhere or working in federal clerkships, allowing them to complete the oath requirement without needing to locate an Arkansas-specific official.