CHAPTER SCR 40 APPENDIX
Rules of the Board of Bar Examiners
SCR 40 Note Note: SCR Chapter 40 Appendix was amended December 12, 1991; December 8, 1994; October 1, 1995; January 21, 1997; August 22, 2002; August 17, 2004; January 16, 2008; May 1, 2009, September 23, 2011.
LEGAL COMPETENCE REQUIREMENT:
BAR EXAMINATION
BA 4.02 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.
SCR BA 4.02 History History: Bd. of Bar Examiners Order, eff. 12-8-94, 188 Wis. 2d xxi (1994); Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 4.03 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.
SCR BA 4.03 Note (b) Staff closure of a file is appealable to the Board.
SCR BA 4.03 History History: Bd. of Bar Examiners Order, eff. 12-8-94, 188 Wis. 2d xxi (1994); Bd. of Bar Examiners Order, eff. 4-6-05, 282 Wis. 2d xiii (2005); Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
LEGAL COMPETENCE REQUIREMENT:
PROOF OF PRACTICE
BA 5.01 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.
SCR BA 5.01 Note (b) Staff closure of a file is appealable to the Board.
SCR BA 5.01 History History: Bd. of Bar Examiners Order, eff. 1-21-97 207 Wis. 2d xiii (1997); Bd. of Bar Examiners Order, eff. 4-6-05, 282 Wis. 2d xiii (2005); Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
REQUIREMENT AS TO CHARACTER AND
FITNESS TO PRACTICE LAW
SCR BA 5.01 Note BA 6 Preamble. These rules are adopted in furtherance of SCR 40.06 (1), (3), (3m) and SCR 40.07.
BA 6.01 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 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:
SCR BA 6.02 Note (a) unlawful conduct
SCR BA 6.02 Note (b) academic misconduct
SCR BA 6.02 Note (c) false statements by the applicant, including concealment or nondisclosure
SCR BA 6.02 Note (d) acts involving dishonesty or misrepresentation
SCR BA 6.02 Note (e) abuse of legal process
SCR BA 6.02 Note (f) neglect of financial responsibilities
SCR BA 6.02 Note (g) neglect of professional obligations
SCR BA 6.02 Note (h) violation of an order of a court
SCR BA 6.02 Note (i) evidence of mental or emotional impairments substantial enough to affect the applicant's ability to practice law
SCR BA 6.02 Note (j) evidence of drug or alcohol dependency
SCR BA 6.02 Note (k) denial of admission to the bar in another jurisdiction on character and fitness grounds
SCR BA 6.02 Note (L) disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction
SCR BA 6.02 History History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 6.03 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:
SCR BA 6.03 Note (a) the applicant's age at the time of the conduct
SCR BA 6.03 Note (b) the recency of the conduct
SCR BA 6.03 Note (c) the reliability of the information concerning the conduct
SCR BA 6.03 Note (d) the seriousness of the conduct
SCR BA 6.03 Note (e) the mitigating or aggravating circumstances
SCR BA 6.03 Note (f) the evidence of rehabilitation
SCR BA 6.03 Note (g) the applicant's candor in the admissions process
SCR BA 6.03 Note (h) the materiality of any omissions or misrepresentations
SCR BA 6.03 Note (i) the number of incidents revealing deficiencies
BA 6.04 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 include a copy of the Board's hearing procedures.
SCR BA 6.04 History History: Bd. of Bar Examiners Order, eff. 8-22-02, 254 Wis. 2d xv; Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 6.045 BA 6.045 (a) At the time of mailing 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.
SCR BA 6.045 Note (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.
SCR BA 6.045 History History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 6.05 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.
SCR BA 6.05 History History: Bd. of Bar Examiners Order, eff. 10-1-95, 194 Wis. 2d xxi (1995); Bd. of Bar Examiners Order, eff. 8-22-02, 254 Wis. 2d xv.
BA 6.06 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.
SCR BA 6.06 Note (b) Staff closure of a file is appealable to the Board.
SCR BA 6.06 History History: Bd. of Bar Examiners Order, dated 1-23-97, eff. 1-21-97; Bd. of Bar Examiners Order, eff. 8-22-02, 254 Wis. 2d xv; Bd. of Bar Examiners Order, eff. 4-6-05, 282 Wis. 2d xiii (2005); Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
waiver of requirements
BA 10.01 BA 10.01 The Board may waive any of the requirements of this Appendix in exceptional cases and 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.
SCR BA 10.01 History History: Bd. of Bar Examiners Order, eff. 12-8-94, 188 Wis. 2d xxi (1994); Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
APPLICATION; FEES
BA 14.01 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 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:
SCR BA 14.02 Note (a) It is accompanied by a signed and notarized authorization and release form; and
SCR BA 14.02 Note (b) It is accompanied by the applicable filing fees.
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Wisconsin Supreme Court Rules updated by the Legislative Reference Bureau. Current through all Supreme Court Orders entered on or before April 4, 2017. Report errors at (608) 266-3561, FAX 264-6948.