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Supreme Court of Wisconsin |
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In the matter of creation of Supreme Court Rule 40.055 Relating to Admitting Graduates of Law Schools in Other Nations. |
FILED APR 29, 2009 David R. Schanker Clerk of Supreme Court Madison, WI |
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On April 1, 2008, the Board of Bar Examiners (BBE), by
its director, John E. Kosobucki, filed a petition requesting this court create Supreme
Court Rule (SCR) 40.055 that would permit graduates of law schools in other
nations to take the Wisconsin bar examination.
A public hearing was conducted on February 9, 2009. BBE Vice Chair James Huston presented the
petition to the court. Several persons
appeared in support of the petition, including Mr. Kosobucki and two
individuals who were educated at foreign law schools and wish to take the
The court was favorably disposed to the petition. It voted to return the matter to the BBE for
further development of certain issues that arose during the court's discussion,
including how the BBE will evaluate the academic credentials of applicants who
have graduated from foreign law schools, and how it will evaluate these
applicants' character and fitness as required by SCR 40.06. The court directed the BBE to develop administrative procedures to implement
this proposed rule, including the form of application that will be utilized by
graduates of foreign law schools seeking permission to sit for the Wisconsin bar
examination. The court directs the
BBE to return this petition to the court in a timely manner.
The court
observed that there is presently no viable mechanism by which an
individual who received his or her legal training and experience in another
country can sit for the
Having signaled its intent to proceed with the
development of a rule that will permit graduates of foreign law schools to sit
for the Wisconsin bar examination, the majority of the court now urges the BBE
to consider requests for waiver under SCR 40.10 submitted by graduates of
foreign law schools. In considering such
waiver requests, the BBE is directed to utilize the criteria specified in the pending
rule petition. The court emphasizes,
however, that the BBE need not require an applicant to satisfy each of the
criteria outlined in the pending rule petition.
Rather, it shall consider whether, under the totality of the
circumstances, the applicant has demonstrated that he or she is qualified by
education and experience to sit for the Wisconsin bar examination. The court further requests that the State Bar
of Wisconsin assist this court in ensuring that graduates of foreign law
schools are aware this rule is pending and that the BBE may consider foreign
graduates' requests for waiver under SCR 40.10.
IT IS ORDERED that this petition is returned to the Board of Bar Examiners for further development as set forth herein.
IT IS FURTHER ORDERED that the Board of Bar Examiners may consider applications for waiver pursuant to SCR 40.10 submitted by graduates of foreign law schools as set forth herein.
IT IS FURTHER ORDERED that the court requests the State Bar of Wisconsin to assist this court in ensuring that graduates of foreign law schools are aware this rule is pending and that the Board of Bar Examiners may consider foreign graduates' requests for waiver under SCR 40.10.
IT IS FURTHER ORDERED that notice of this order shall be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.
Bradley, J. dissenting.
I find myself in a peculiar situation because although I favor allowing
qualified graduates of foreign law schools to take the
Dated at
BY THE COURT:
David R. Schanker
Clerk of Supreme Court