SCR
CHAPTER 40
ADMISSION
TO THE BAR
JUDICIAL COUNCIL COMMITTEE'S NOTE, 1979: The following rules govern admissions to the
state bar of Wisconsin. SCR 40.02 and 40.03 are sections 757.28 and 757.282 of
the 1977 Wisconsin Statutes. SCR 40.01 and 40.04 to 40.14 were originally
adopted by the supreme court on June 3, 1940, effective June 3, 1940. They were
amended on January 11, 1960; March 8, 1966; December 5, 1968; May 3, 1971, and
May 24, 1971. The rules were originally numbered I to XIII and have been clarified
and numbered SCR 40.01 and 40.04 to
40.14 for uniformity and convenience. Former rule XII relating to exemption to
these rules has been repealed as it was applicable to applicants for admission
to the bar by examination who received an acceptable law degree by 1971. SCR
40.15 was derived from section 757.29(1), 1977 stats. SCR 40.16 was derived
from several rules pertaining to fees.
SCR
40.01 Definitions; list of law schools.
(1)
In this chapter, unless the context otherwise requires:
(a)
"Board" means the board of bar examiners.
(b)
"Clerk" means the clerk of the supreme court.
(c)
"Electronic application system" means a web-based system
established by the board of bar examiners through which individuals may
electronically file an original or amended application under this chapter.
(d)
"Electronic signature" means an electronic sound, symbol, or
process attached to or logically associated with an electronically-filed
application that can be executed or adopted by the applicant with the intent to
sign the application under oath or affirmation.
(2)
The board shall maintain a record of all law schools which are approved
by the American bar association, together with the date of such approval, and
those which are not so approved. The record shall constitute an official record
of the supreme court and proof of the fact that the law schools therein stated
as approved by the American bar association were so approved at the times
therein stated.
SCR
40.02 Qualifications generally.
A person who meets all of the
following qualifications shall be admitted to practice law in this state by
order of the supreme court:
(1)
Has attained the age of majority under the law of this state. (2)
Satisfies the legal competence requirements by diploma privilege (SCR
40.03), bar examination (SCR 40.04) or proof of practice elsewhere (SCR 40.05).
(3)
Satisfies the character and fitness requirements set forth in SCR
40.06.
(4)
Takes the oath or affirmation prescribed in SCR 40.15 in open court
before the supreme court or a justice thereof or before a member of the highest
court of another jurisdiction or a person authorized by that jurisdiction to
administer the attorney's oath for bar admission there or before a judge of the
U.S. District Court or Court of Appeals or a justice of the U.S. Supreme Court.
(5)
Subscribes the roll of attorneys maintained by the clerk of the supreme
court or has his or her name entered thereon by the clerk.
SCR
40.03 Legal competence requirement:
Diploma privilege. An applicant who has been awarded a first
professional degree in law from a law school in this state that is fully, not
provisionally, approved by the American bar association shall satisfy the legal
competence requirement by presenting to the clerk certification of the board
showing:
(1)
Satisfactory completion of legal studies leading to the first
professional degree in law. The law
school shall certify to the board satisfactory completion of not less than 84
semester credits earned by the applicant for purposes of the degree
awarded.
(2)
Satisfactory completion of study in mandatory and elective subject
matter areas. The law school shall
certify to the board satisfactory completion of not less than 60 semester
credits in the mandatory and elective subject matter areas as provided in (a)
and (b). All semester credits so certified shall have been earned in regular
law school courses having as their primary and direct purpose the study of
rules and principles of substantive and procedural law as they may arise in the
courts and administrative agencies of the
(a) Elective
subject matter areas; 60-credit rule.
Not less than 60 semester credits
shall have been earned in regular law school courses in the subject matter
areas generally known as: Administrative law, appellate practice and procedure,
commercial transactions, conflict of laws, constitutional law, contracts,
corporations, creditors' rights, criminal law and procedure, damages, domestic
relations, equity, evidence, future interests, insurance, jurisdiction of
courts, legislation, labor law, ethics and legal responsibilities of the
profession, partnership, personal
property, pleading and practice, public utilities, quasi‑contracts, real
property, taxation, torts, trade regulation, trusts, and wills and estates. The
60‑credit subject matter requirement may be satisfied by combinations of
the curricular offerings in each approved law school in this state.
(b) Mandatory
subject matter areas; 30‑credit rule.
Not less than 30 of the 60 semester
credits shall have been earned in regular law school courses in each of the
following subject matter areas: constitutional law, contracts, criminal law and
procedure, evidence, jurisdiction of courts, ethics and legal responsibilities
of the legal profession, pleading and practice, real property, torts, and wills
and estates.
(c) Law
school certification of subject matter content of curricular offerings.
Upon the request of the supreme court,
the dean of each such law school shall file with the clerk a certified
statement setting forth the courses taught in the law school which satisfy the
requirements for a first professional degree in law, together with a statement
of the percentage of time devoted in each course to the subject matter of the
areas of law specified in this rule.
SCR
40.04 Legal competence requirement: Bar
examination.
(1)
An applicant who has been awarded a first professional degree in law
from one of the following shall satisfy the legal competence requirement by
presenting to the clerk certification of the board that the applicant has
passed an examination administered by the board covering all or part of the
subject matter areas of law specified in SCR 40.03(2)(a):
(a) A law school that is fully or
provisionally approved by the American bar association at the time of the
applicant’s graduation.
(b) A law school whose graduates are
eligible to take the bar examination of the state, territory or District of
Columbia in which the law school is located, provided the applicant has passed
the bar examination of and has been admitted to practice in that or another
state, territory or the District of Columbia.
(2)
The board shall administer an examination consisting of the Multistate
Bar Examination developed by the National Conference of Bar Examiners, an essay
examination developed by the board and such other elements as the board may
deem appropriate for the assessment of lawyer competence.
(3)
An applicant shall file all application materials and fees with the
board by the December 1 preceding the February examination and by the May 1
preceding the July examination except that, on payment of a late fee,
application materials and fees shall be filed by the January 1 preceding the
February examination and by the June 1 preceding the July examination.
(4)
The board, in its discretion, may permit an applicant who has not yet
been awarded a first professional degree in law to take the examination if it
is reasonably anticipated that the applicant will receive that degree within 60
days after the examination.
(5)
Repealed.
(6)
The board shall provide to each applicant prior to the examination a
list of topics taken from the areas of law specified in SCR 40.03(2)(a) from
which the essay portion of the examination will be drawn.
(7)
The board shall establish the passing score for the bar examination in
advance of each examination and shall advise each applicant of the score so
established.
(8)
An unsuccessful examinee who files a written request with the board
within 90 days of mailing of notice by the board of failure of the examination
shall be entitled to inspect the examinee's essay examination paper.
SCR 40.05
Legal competence requirement: Proof of practice.
(1) An applicant shall satisfy the
legal competence requirement by presenting to the clerk certification of the
board that the applicant has provided all of the following:
(a)
Proof of admission to practice law by a court of last resort in any
other state or territory or the District of Columbia.
(b)
Proof that the applicant has been substantially engaged in the practice
of law in a state or territory, the federal government or the District of
Columbia for 3 years within the last 5 years prior to filing application for
admission. A lawyer may satisfy this
requirement by proof of practice in more than a single jurisdiction and under
more than one provision of this rule.
(c)
Repealed.
(1m)
Repealed.
(2)
Legal service as corporate counsel or legal service as a trust officer,
or lawfully before the courts or administrative agencies of a state or
territory, the federal government or the District of Columbia, if conducted in
compliance with the rules where the applicant was admitted to practice law, is
the practice of law for the purposes of this section.
(2m)
Legal service as corporate counsel in Wisconsin under SCR 10.03(4)(f) is
the practice of law for the purposes of sub. (1)(b). Provided a timely
registration is filed, all such service conducted prior to filing the
registration may be counted for purposes of sub. (1)(b).
(3)
The following activities, whether or not conducted in a state or
territory, the federal government or the District of Columbia where the
applicant was admitted to practice law, may be deemed to be the practice of law
for the purposes of sub. (1)(b):
(a)
Service as a judge of a court of record of the United States, any state
or territory or the District of Columbia.
(b)
Legal service with any local or state government or with the federal
government.
(c)
Legal service in the armed forces of the United States.
(d)
Teaching in any law school approved by the American bar
association.
(4)
An applicant who has failed the Wisconsin bar examination shall not be
eligible for admission on proof of practice elsewhere.
(6)
Repealed.
SCR 40.06 Requirement as to character and fitness to practice
law.
(1) An applicant
for bar admission shall establish good moral character and fitness to practice
law. The purpose of this requirement is to limit admission to those applicants
found to have the qualities of character and fitness needed to assure to a
reasonable degree of certainty the integrity and the competence of services
performed for clients and the maintenance of high standards in the
administration of justice.
(2)
Repealed.
(3)
An applicant shall establish to the satisfaction of the board that the
applicant satisfies the requirement set forth in sub. (1). The board shall
certify to the supreme court the character and fitness of qualifying
applicants. The board shall decline to certify the character and fitness of an
applicant who knowingly makes a materially false statement of material fact or
who fails to disclose a fact necessary to correct a misapprehension known by
the applicant to have arisen in connection with his or her application.
(3m) An applicant for admission under SCR 40.03
shall file an application for a character and fitness certification with the
board by a date specified by the board.
(4)
The board shall not certify an applicant while an attorney disciplinary
matter against the applicant is pending or the applicant is certified by the
department of workforce development as delinquent in making court-ordered
payments of support or failing to comply with a subpoena or warrant, as those
terms are defined in SCR 11.04(1). If an
applicant's license to practice law in another jurisdiction is suspended or
revoked for reasons related to professional responsibility at the time the
application is filed or at any time that the application is pending, the
suspension or revocation is a sufficient basis for denial of certification.
(5)
The dean of a law school in this state shall have a continuing duty to
report to the board any information reflecting adversely upon the character and
fitness to practice law of an applicant for bar admission under SCR 40.03.
SCR
40.07 Proof of qualifications.
The burden of proof shall be on the
applicant to establish qualifications under SCR 40.02. Refusal of an applicant
to furnish available information or to answer questions relating to the
applicant's qualifications shall be deemed a sufficient basis for denial of the
certification for admission.
SCR 40.075
Conditional bar admission.
(1) Eligibility. An applicant whose record shows conduct that may
otherwise warrant denial may consent to be admitted subject to certain terms
and conditions set forth in a conditional admission agreement. Only an applicant whose record of conduct demonstrates
documented ongoing recovery and an ability to meet the competence and character
and fitness requirements set forth in SCR 40.02 may be considered for
conditional admission.
(2) Conditions. The
board may impose any reasonable conditions upon an applicant that will address
the applicant's individual circumstances and the board's concern regarding the
performance of essential responsibilities to a client or the public, including
but not limited to any of the following:
(a) Professional
medical, psychological or other treatment.
(b) Prohibiting
or limiting the use of alcohol or other drugs.
(c) Random
alcohol or other drug testing.
(d) Supervision.
(e) Periodic
reporting by the applicant.
(f) Financial,
business, or law office management counseling or supervision including inspection
of records.
(g) Any
other condition tailored to meet the circumstances of the applicant.
(3) Written agreement; Non-acceptance; Hearing. The
terms of a conditional bar admission shall be incorporated in a written
agreement signed by the applicant and approved by the board. If the applicant does not accept conditional
bar admission, the board shall decide whether to certify or deny unconditional
bar admission and advise the applicant of its decision. Prior to issuing its
final decision, the board shall notify the applicant of its intent to deny
unconditional admission. Within 30 days
of receiving the board's notice of intent to deny unconditional admission, the
applicant may challenge the determination by filing a written request for a
hearing pursuant to SCR 40.08.
(4) Monitoring. If supervision is to be a condition of the
conditional admission agreement, the board may designate itself, the state bar
of Wisconsin, an appropriate person, a state bar lawyer assistance program or
any combination thereof, as the supervising party. The board and the supervising party may
exchange relevant information about the applicant as set forth in the
conditional admission agreement.
(5) Costs. All
costs of conditional bar admission, including monitoring, shall be borne by the
applicant.
(6) Duration
of Conditional Admission.
(a) The initial period of conditional
bar admission may be up to 60 months. At
the end of that period, conditional admission may be extended by the board in
writing for good cause, but not to exceed one additional year. At the end of the initial period of
conditional bar admission, or any extension thereof, the board shall either permit
the conditional admission agreement to expire and certify the applicant for
unconditional admission or advise the applicant in writing that it will issue
an intent to deny admission letter. In
the event of the issuance of an intent to deny letter, the provisions of SCR
40.08 shall apply.
(b) The
board shall review an applicant's conditional admission annually.
(c) The
board may consider early release from conditional admission.
(7) Failure. Failure
of a conditionally admitted lawyer to fulfill the terms of a conditional
admission agreement may result in a modification, extension, or revocation of
the agreement, or such other action as may be appropriate, including notice to
the office of lawyer regulation.
(8) Grievance. Notwithstanding
sub. (6), when a grievance is filed with the office of lawyer regulation
against a conditionally admitted applicant, the board may extend the
conditional admission until disposition of the grievance and any resulting
complaint and appeal.
(9) Confidentiality. The fact that an individual is conditionally
admitted and the terms of the conditional admission agreement shall be
confidential and shall not be disclosed, except to the office of lawyer
regulation or in any of the following circumstances:
(a) With
the express consent of the person conditionally admitted.
(b) When
required as a condition for monitoring as set forth in the conditional
admission agreement.
(c) When
reasonably necessary to prevent death or substantial bodily harm to the person
conditionally admitted or to another.
(d) When
reasonably necessary to prevent child abuse or elder abuse.
(e) When
reporting is mandated by other law.
(f) When
disclosure is ordered by the court.
(g) If
the applicant applies for admission to practice law in another jurisdiction,
the applicant shall disclose the entry of any conditional admission agreement
to the admission authority of that jurisdiction.
(10) Notice
to the office of lawyer regulation. The
board shall notify the office of lawyer regulation when a conditional admission
agreement is approved, modified, extended, revoked, or expires. The board and the office of lawyer regulation
may exchange relevant information regarding a conditionally admitted applicant.
(11) Immunity. The
director, staff, members of the board, and persons designated by the board to
monitor compliance with conditional admission agreements or with conditions
imposed on the applicant shall be immune from suit for any conduct in the
course of their official duties.
SCR
40.08 Adverse determination.
(1) At Risk Notice. Before declining to certify an applicant's
satisfaction of requirements under this chapter, the board shall notify the
applicant in writing of the basis for its notice that the application is at risk
of being denied. The board's notice shall provide that, except as to failure of the bar
examination under SCR 40.04, the applicant may challenge the at risk notice
upon filing a written request for a hearing and statement responding to the
board's notice. The board's notice shall
contain a statement identifying the date of mailing. The board shall serve the
notice on the applicant by mail to the last address furnished by the applicant
in writing to the board.
(2) Applicant’s Request for Hearing and Response. Within
30 days of the date of mailing of an at risk notice, the applicant may
challenge the at risk notice by filing
(a) a written request for a hearing
and a statement setting forth the grounds on which the board's at risk notice
should be reversed, or (b) a written supplement to the record. If the applicant does not request a hearing
or file a supplement to the record within 30 days, a subsequent adverse
determination by the board becomes final and the applicant may not seek review
under sub. (6) or (7).
(3) Scheduling of Hearing. The board shall grant a
hearing upon the applicant's timely and written request.
(4) Notice of Hearing. The board shall provide written notice of the
hearing at least 30 days prior to the hearing date. The notice shall state the time and place of
the hearing and the issues to be considered.
The notice shall advise the applicant that he or she may be represented
by counsel and present evidence.
(5) Board’s decision on
certification of application. The board
shall notify the applicant of its decision by mailing a copy to the applicant
at the last address furnished by the applicant in writing to the board. The board's decision shall contain a
statement identifying the date of mailing.
An adverse determination by the board shall include findings of fact and
conclusions of law and shall be final, unless the applicant timely files a
review under sub. (6) or (7). A
decision to certify that the applicant has satisfied the requirements of this
chapter by the board does not require findings of fact and conclusions of law.
(6) Review by board. An applicant may seek review of an adverse determination
by filing a written request with the board within 30 days of the date of
mailing of the adverse determination. A
request for review shall be granted only on the basis of a material error of law
or fact, or the discovery of new evidence sufficiently strong to reverse the
adverse determination. The board shall
notify the applicant of its decision by mailing a copy to the applicant at the
last address furnished by the applicant in writing to the board. The board’s decision shall contain a statement
identifying the date of mailing.
(7)
Review
by supreme court. An applicant may seek
review of an adverse determination by filing a petition for review with the
supreme court and serving a copy on the board within 30 days of the date of mailing of the board's adverse
determination. However, if the applicant
has filed a timely request for review under sub. (6), the deadline for seeking
review by the supreme court shall be within 30 days of the date of mailing of
the board’s disposition of the applicant's request to review.
SCR
40.09 Deadline for admission.
An applicant who fails to complete all
requirements for admission as set forth in SCR 40.02 within the following time
periods following certification shall not be admitted to the practice of law:
(1)
Applicants who qualify for admission pursuant to SCR 40.03: one year
following the date of certification by the board pursuant to SCR 40.03 and
40.06.
(2)
Applicants who write the bar examination: one year following the date of
certification by the board pursuant to SCR 40.04 and 40.06.
(3)
Applicants who qualify for admission pursuant to SCR 40.05: one year
following the date of certification by the board pursuant to SCR 40.05 and
40.06.
SCR
40.10 Waiver of requirements.
Except for the requirements under SCR
40.03, the board may waive any of the requirements of this chapter in
exceptional cases and for good cause if failure to waive the requirement would
be unjust.
SCR
40.11 Rulemaking authority.
The board may promulgate rules
necessary to carry out the intent and purpose of this chapter.
SCR
40.12 Confidentiality.
The application files of an applicant
and all examination materials are confidential. The supreme court or the board
may authorize the release of confidential information to other persons or
agencies.
SCR
40.13 Delegation.
The board may delegate its authority
under this chapter to a committee, a member or its director.
SCR
40.14 Application; fees.
(1)
Application to the supreme court for admission to the bar shall be filed
with the board.
(2)
An application is timely filed if any of the following is applicable:
(a) The application, together with the
applicable fees, is received at the board's office within the time specified
for filing.
(b) The application, together with the
applicable fees, is sent to the board's office through the United States Postal
Service by 1st class mail, including express or priority mail, postage prepaid,
and bears a postmark, other than a commercial postage meter label, showing that
the document was mailed on or before the last day for filing.
(c) The application, together with the
applicable fees, is delivered on or before the last day for filing to a
3rd-party commercial carrier for delivery to the board's office within 3
calendar days.
(d) The application, together with the
applicable fees, is submitted through the electronic application system to the
board within the time specified for filing. Applications filed electronically
must include the applicant’s electronic signature, by which the applicant avers
under oath or affirmation that the information contained in the application is
true and correct.
(e)
The application is submitted through the electronic application system
to the board. Applications filed electronically must include the applicant’s
electronic signature, by which the applicant avers under oath or affirmation
that the information contained in the application is true and correct. Both the
submission of an application through the electronic application system and the
payment of applicable fees shall be within the time specified for filing.
(3)
The following fees are payable to the board:
(a)
Bar examination fee $450
(b)
Late fee for bar examination $200
(c)
Fee for application for admission
on proof of
practice elsewhere $850
(d)
Admission fee $100
(e)
Fee for reinstatement, readmission,
late admission on
diploma privilege or
late enrollment in
the bar $200
(f)
Application fee for change of name $ 25
(g)
Fee for a character and fitness
investigation
under SCR 40.06(3m) $210
(h)
Late fee for a character and fitness
investigation
under SCR 40.06(3m) $200
SCR
40.15 Attorney's oath.
The oath or affirmation to be taken to
qualify for admission to the practice of law shall be in substantially the
following form:
I will support the constitution of the
United States and the constitution of the state of Wisconsin;
I will maintain the respect due to
courts of justice and judicial officers;
I will not counsel or maintain any
suit or proceeding which shall appear to me to be unjust, or any defense,
except such as I believe to be honestly debatable under the law of the
land;
I will employ, for the purpose of
maintaining the causes confided to me, such means only as are consistent with
truth and honor, and will never seek to mislead the judge or jury by any
artifice or false statement of fact or law;
I will maintain the confidence and
preserve inviolate the secrets of my client and will accept no compensation in
connection with my client's business except from my client or with my client's
knowledge and approval;
I will abstain from all offensive
personality and advance no fact prejudicial to the honor or reputation of a
party or witness, unless required by the justice of the cause with which I am
charged;
I will never reject, from any
consideration personal to myself, the cause of the defenseless or oppressed, or
delay any person's cause for lucre or malice. So help me God.
Amended
December 29, 1980, and February 17, 1981; July 1, 1986; September 1, 1988;
January 1, 1990; January 1, 1991; May 13, 1991; October 21, 1991; May 7, 1992;
December 10, 1992; December 16, 1992; June 14, 1993; December 8, 1993, June 1,
1995, June 5, 1995; November 3, 1995; June 4, 1998; July 28, 1998; April 10,
2001; January 1, 2009; June 1, 2009; June 8, 2011; September 22, 2011.
APPENDIX
Rules
of the Board of Bar Examiners
LEGAL
COMPETENCE REQUIREMENT:
BAR
EXAMINATION
BA
4.01
[Repealed.]
BA
4.02
Accommodations. Testing
accommodation requests must be received in writing no later than December 1 for
the February examination and May 1 for the July examination. The Board may deny requests that are not in
writing or that are filed after the deadline.
BA
4.03
(a)
The Board authorizes its staff to close any bar examination application
that remains incomplete six months following the date on which the letter
notifying the applicant of his or her passing score is mailed from the Board
office.
(b)
Staff closure of a file is appealable to the Board.
LEGAL
COMPETENCE REQUIREMENT: PROOF OF
PRACTICE
BA
5.01
(a)
The Board authorizes its staff to close any application for admission on
proof of practice elsewhere that remains incomplete one year following the date
the application was filed with the Board.
(b)
Staff closure of a file is appealable to the Board.
REQUIREMENT AS TO CHARACTER AND FITNESS
TO
PRACTICE
LAW
PREAMBLE
These rules are adopted in furtherance
of SCR 40.06(1), (3), (3m) and SCR 40.07.
BA 6.01
Standard of Character and
Fitness. A lawyer should be one whose
record of conduct justifies the trust of clients, adversaries, courts and
others with respect to the professional duties owed to them. A record manifesting a deficiency in the
honesty, diligence or reliability of an applicant may constitute a basis for
denial of admission. The Supreme Court
Rules place on the applicant the burden of producing information sufficient to
affirmatively demonstrate the character and fitness appropriate for bar
admission.
BA 6.02
Relevant Conduct or Condition. The revelation or discovery of any of the
following should be treated as cause for further inquiry before the Board
decides whether the applicant possesses the character and fitness to practice
law:
(a)
unlawful conduct
(b)
academic misconduct
(c)
false statements by the applicant, including concealment or
nondisclosure
(d)
acts involving dishonesty or misrepresentation
(e)
abuse of legal process
(f)
neglect of financial responsibilities
(g)
neglect of professional obligations
(h)
violation of an order of a court
(i) evidence of mental or emotional impairments
substantial enough to affect the applicant's ability to practice law
(j)
evidence of drug or alcohol dependency
(k)
denial of admission to the bar in another jurisdiction on character and
fitness grounds
(l)
disciplinary action by a lawyer disciplinary agency or other
professional disciplinary agency of any jurisdiction
BA 6.03
Use of Information. The Board will determine whether the present
character and fitness of an applicant qualifies the applicant for
admission. In making this determination
through the processes described above, the following factors should be
considered in assigning weight and significance to prior conduct:
(a)
the applicant's age at the time of the conduct
(b)
the recency of the conduct
(c)
the reliability of the information concerning the conduct
(d)
the seriousness of the conduct
(e)
the mitigating or aggravating circumstances
(f)
the evidence of rehabilitation
(g)
the applicant's candor in the admissions process
(h)
the materiality of any omissions or misrepresentations
(i)
the number of incidents revealing deficiencies
BA 6.04
Notice of an at-risk application. If the Board determines that an application
is at risk of being denied, the Board shall notify the applicant of its
determination in writing. The notice
shall state the reasons for the possible denial, describe the applicant's right
to seek a hearing, advise the applicant of the deadline for requesting a
hearing and including a copy of the Board's hearing procedures.
BA 6.045
(a) At the time of mailing of the notice of an
at-risk application, the Board shall provide the applicant with copies of all
materials that were reviewed by the Board in making its decision. Thereafter, while the application is under
review, the applicant may review all materials in the applicant's file during
the Board's business hours, and may obtain copies thereof at a cost of no more
than twenty-five cents per page.
(b) Materials solicited by the Board before
October 1, 2008 under an unconditional promise of confidentiality are not
subject to review by the applicant under sub. (a) and will not be considered by
the Board.
BA 6.05
Diploma Privilege. An applicant for admission under diploma
privilege shall file an application for a character and fitness certification
with the Board. The Board shall
establish that the applicant has the qualities of character and fitness needed
to practice law and, following certification from the dean of competence under
SCR 40.03, shall certify to the Supreme Court the qualifying applicants for
admission.
BA 6.06
(a)
The Board authorizes its staff to close any application for a character
and fitness certification that remains incomplete one year following the date
the application was filed with the Board.
(b)
Staff closure of a file is appealable to the Board.
WAIVER OF
REQUIREMENTS
BA
10.01
The
Board may waive any of the requirements of this Appendix in exceptional cases
for good cause. An application and the
filing fee appropriate to the rule must accompany the request for waiver. One-half of the filing fee will be refunded
if the waiver is denied.
APPLICATION;
FEES
BA
14.01
Applications and supporting documentation
must be submitted in original form. The Board will not accept facsimile
transmissions in satisfaction of its filing requirements.
BA
14.02
An application for bar admission, or
for a character and fitness certification pursuant to SCR 40.06(3m), will not
be filed unless:
(a)
It is
accompanied by a signed and notarized authorization and release form; and
(b)
It is
accompanied by the applicable filing fees.
Handwritten applications will
not be accepted.
BA
14.03
Continuing
application. Applications are continuing
applications during their pendency.
Applicants are required to notify the Board in writing of any changes
with respect to the information elicited by the application, and each
application must be amended to reflect the facts throughout the entire time
that the application is pending, including the date on which the applicant is
admitted to practice in Wisconsin.
BA
14.04
Application
deadline.
(a) Applicants for bar admission on the diploma
privilege shall file an application for a character and fitness certification
with the Board between the time the student has completed a minimum of 50
credit hours and a predetermined date after the J.D. is conferred (February 1
for December graduates; July 1 for May graduates; October 1 for August
graduates).
(b) Notwithstanding subsection (a),
applicants otherwise eligible for admission on the diploma privilege may apply
by December 31 of the year following their graduation from law school if by
that date they document that they have passed a bar examination, and have been
admitted to practice, in another US state, territory, or the District of
Columbia.
(c)
Applicants who miss the filing deadline in subsection (a) may forfeit
their chance to be admitted under the diploma privilege.
BA
14.05
Late fees: diploma privilege. A late fee will be assessed to the following
applicants for bar admission on the diploma privilege: May graduates who have not filed an
application by the preceding December 15; August graduates who have not filed
an application by the preceding March 15; and December graduates who have not
filed an application by the preceding July 15.
BOARD MEETINGS
As an agency of the Supreme Court, the
Board is not subject to Subchapter V of Chapter 19 of the Wisconsin Statutes,
relating to open meetings of governmental bodies. However, the Board posts the dates, locations
and agendas of its meetings in its Internet web site and invites the public to
attend its meetings. Members of the
public are not allowed to attend meetings or parts of meetings that involve
confidential matters. Examples of
confidential matters include (i) individuals' applications for admission to the
Wisconsin bar, (ii) hearings on admission applications and (iii) bar
examination questions.
Application. These rules govern all hearings before the
Board of Bar Examiners.
Notice of an at-risk application. Before declining to certify an applicant's
satisfaction of requirements under this chapter, the board shall notify the
applicant in writing of the basis for its determination that the application is
at risk of being denied and, except as to failure of the bar examination under SCR
40.04, the applicant shall have the opportunity to respond in writing within
thirty days of the mailing of notification of the board's decision to the
applicant at the last address furnished by the applicant in writing to the
board.
BA 16.03
The Board shall grant a
hearing to any applicant who has received a notice under SCR 40.08(1).
BA 16.04
Request for Hearing. Applicants must make their requests for a
hearing in writing within 30 days after the mailing of the notice under SCR
40.08(1).
Review
of records. Applicants who have received
a notice under SCR 40.08(1) may, while the application is pending, review,
personally or by counsel, all materials in the applicant's files, including any
staff recommendations. Upon written
request, the Board will transmit copies of these materials to the applicant or
the applicant's counsel at a cost not to exceed twenty-five cents per
page. Materials solicited by the Board
before October 1, 2008 under an unconditional promise of confidentiality are
not subject to review by the applicant.
BA 16.06
Pre-hearing conference.
Within 30 days after receiving an applicant's Request for Hearing, the
Board Chair or the Chair's designee shall confer in person or by
telephone with the applicant or the applicant's counsel to set a hearing date,
clarify the issues, determine whether the applicant will stipulate to any
material facts, consider any limitations on the number of witnesses, the length
of the hearing and such other matters as may aid the Board in its
determination. Promptly after this
pre-hearing conference, the Chair or the Chair's designee shall prepare a
memorandum for the record which summarizes all actions taken at the
conference. The memorandum shall control
the subsequent course of action, unless modified at the hearing to prevent
manifest injustice.
BA 16.065
Hearing. An applicant who has timely requested a
hearing under SCR 40.08(2) shall have the right to appear in person and with
counsel, to make an opening statement, to call, examine, and cross-examine
witnesses, and to offer evidence into the record.
BA 16.07
Hearing record. The
hearing record shall include evidence received or considered, stipulations and
admissions, a statement of matters officially noticed, questions and offers of
proof, objections and rulings thereon, any proposed findings or decisions and
exceptions, and any decision, opinion or report by the Board.
BA 16.08
Counsel. An
applicant shall be entitled to be represented by counsel at hearing at the
applicant's expense, provided a notice of appearance is filed at or before the
hearing.
BA 16.09
Record of proceedings.
A stenographic, electronic or other record of oral proceedings shall be
made. If the board obtains a transcript
of proceedings, it shall, upon request, provide the applicant with a copy at a
cost not to exceed twenty-five cents per page.
Presiding officer. The Board Chair or the Chair's designee shall
preside at hearing, and shall rule on motions, objections and any other matters
that arise.
Rules of evidence. The Board is not bound by common law or
statutory rules of evidence.
Hearing record. The applicant and any member of the Board may
move that portions of the applicant's file be received in evidence. All evidence received at the hearing shall be
made a part of the hearing record. The
applicant shall be afforded adequate opportunity to rebut or offer
countervailing evidence.
Official notice. The Board may take official notice of any
generally recognized fact or any established technical or scientific fact, but
the applicant shall be notified either before or during the hearing of the
facts so noticed, and shall be afforded an opportunity to contest the validity
of the official notice.
Documents. Documentary evidence may be received in the
form of copies or excerpts if the original is not readily available.
Testimony. Witnesses may be heard in person, or their
testimony may be received in the form of affidavits or deposition
transcripts. As a general practice,
examinations and cross-examinations of witnesses shall be made by the members
of the Board. Applicants or their
counsel may cross-examine adverse witnesses.
Record may remain open. The Chair or the Chair's designee may allow
the record of the hearing to remain open for a limited period of time, which
shall be specified, to give the applicant an opportunity to submit additional
written materials.
Determination. The Board shall make its determination by
majority vote of the members present and voting, in person or by
telephone. The Board may make its
determination following the hearing.
Otherwise, the Board shall make its determination no later than at the
regularly scheduled meeting next following the date set under Rule 16, unless
it decided by majority vote to hold the record open for additional written or
oral evidence.
If the determination is
adverse to the applicant, the Board Chair or the Chair's designee shall within
sixty days, incorporate the Board's
determination in a written decision, which shall include findings of fact and
conclusions of law, and shall promptly circulate the decision among all members
of the Board. After the decision is circulated,
dissenting board members shall have twenty-one days in which to transmit
written dissents to the director.
Transmission of decision. The director shall transmit the Board's
decision, together with any written dissents, to the applicant or the
applicant's counsel within ten days after completion of the steps set out in
Rule 18.
Review by board. An applicant may seek review of an adverse
determination by filing a written request with the board within 30 days of the
mailing of the adverse determination. A
request for review shall be granted only on the basis of a material error of
law or fact, or the discovery of new evidence sufficiently strong to reverse
the adverse determination. The board
shall notify the applicant of its determination by mailing a copy to the applicant
at the last address furnished by the applicant in writing to the board. The board’s decision shall contain a
statement identifying the date of mailing.
Confidentiality. The hearing shall be closed and written
materials including the board's preliminary and final determinations, shall be
confidential and shall be disclosed only to the applicant and the applicant's
counsel.
Amended
December 12, 1991; December 8, 1994; August 24, 1995; November 3, 1995; January
21, 1997; August 22, 2002; August 17, 2004; April 6, 2005; January 17, 2008;
May 1, 2009; March 1, 2011.