40.05(1)(b)(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.
40.05(2)(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.
40.05(2m)(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).
40.05(3)(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):
40.05(3)(a)(a) Service as a judge of a court of record of the United States, any state or territory or the District of Columbia.
40.05(3)(b)(b) Legal service with any local or state government or with the federal government.
40.05(3)(c)(c) Legal service in the armed forces of the United States.
40.05(3)(d)(d) Teaching in any law school approved by the American bar association.
40.05(4)(4) An applicant who has failed the Wisconsin bar examination shall not be eligible for admission on proof of practice elsewhere.
History: Sup. Ct. Order No.
08-07
, 2009 WI 3, 311 Wis. 2d xiii.
Case Note: Because Indiana's "foreign license" admission is not based on an applicant's prior out of state practice but on continued practice in Indiana, an applicant is ineligible for admission on the basis of Indiana practice. Bar Admission of Wadsworth, 190 Wis. 2d 576, 527 N.W.2d 311 (1995).
While practice before a tribal court may constitute the active practice of law, it is not the active practice of law "in the courts of the United States or another state or territory or the District of Columbia" under sub. (1) (b). Bar Admission of Helgemo, 2002 WI 57, 253 Wis. 2d 82, 644 N.W.2d 912.
Legal service as corporate counsel does not qualify as the active practice of law unless it is conducted in a state where the applicant is admitted to practice law, or the legal work was the kind of work generally engaged in by attorneys primarily engaged in the active practice of law in the courts of another jurisdiction. Bar Admission of Mostkoff, 2005 WI 33, 279 Wis. 2d 249, 693 N.W.2d 748, 03-2640.
40.06SCR 40.06 Requirement as to character and fitness to practice law.
40.06(1)(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.
40.06(3)(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.
40.06(3m)(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.
40.06(4)(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.
40.06(5)(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.
History: Sup. Ct. Order No. 93-10, 176 Wis. 2d xxi (1993), Sup. Ct. Order No. 93-12; 184 Wis. 2d xiii (1993); Sup. Ct. Order No.
00-05
, 2001 WI 37, 242 Wis. 2d xix.
40.07SCR 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.
40.075SCR 40.075 Conditional bar admission.
40.075(1)(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.
40.075(2)(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:
40.075(2)(a)(a) Professional medical, psychological or other treatment.
40.075(2)(b)(b) Prohibiting or limiting the use of alcohol or other drugs.
40.075(2)(f)(f) Financial, business, or law office management counseling or supervision including inspection of records.
40.075(2)(g)(g) Any other condition tailored to meet the circumstances of the applicant.
40.075(3)(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.
40.075(4)(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.
40.075(5)(5) Costs. All costs of conditional bar admission, including monitoring, shall be borne by the applicant.
40.075(6)(6) Duration of conditional admission.
40.075(6)(a)(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.
40.075(6)(b)(b) The board shall review an applicant's conditional admission annually.
40.075(6)(c)(c) The board may consider early release from conditional admission.
40.075(7)(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.
40.075(8)(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.
40.075(9)(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:
40.075(9)(a)(a) With the express consent of the person conditionally admitted.
40.075(9)(b)(b) When required as a condition for monitoring as set forth in the conditional admission agreement.
40.075(9)(c)(c) When reasonably necessary to prevent death or substantial bodily harm to the person conditionally admitted or to another.
40.075(9)(d)(d) When reasonably necessary to prevent child abuse or elder abuse.
40.075(9)(g)(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.
40.075(10)(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.
40.075(11)(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.
History: Sup. Ct. Order No.
08-13
, 2011 WI 40, 333 Wis. 2d xiii.
40.08SCR 40.08 Adverse determination.
40.08 (1)(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.
40.08(2)(2) Applicant's request for hearing and response.
40.08(2)(a)(a) Within 30 days of the date of mailing of an at risk notice, the applicant may challenge the at risk notice by filing any of the following:
40.08 (2) (a) 1.1. A written request for a hearing and a statement setting forth the grounds on which the board's at risk notice should be reversed.
40.08 (2) (b)(b) 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).
40.08 (3)(3) Scheduling of hearing. The board shall grant a hearing upon the applicant's timely and written request.
40.08 (4)(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.
40.08 (5)(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. A decision that is 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.
40.08 (6)(6) Review by board. An applicant may seek review of a decision that is 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.
40.08 (7)(7) Review by supreme court. An applicant may seek review of a decision that is 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.
History: Sup. Ct. Order No.
08-11
, 2011 WI 14, 331 Wis. 2d xiii.
40.09SCR 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:
40.09(1)(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.
40.09(2)(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.
40.09(3)(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.
History: Sup. Ct. Order No.
95-07
, 192 Wis. 2d xix (1995).
40.10SCR 40.10 Except for the requirements of SCR 40.03 and 40.06 (2), the board may waive any of the requirements of this chapter in exceptional cases and for good cause where to do otherwise would be unjust.
History: Sup. Ct. Order No. 93-10, 176 Wis. 2d xxi (1993).
40.11SCR 40.11 Rulemaking authority. The board may promulgate rules necessary to carry out the intent and purpose of this chapter.
40.12SCR 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.
40.13SCR 40.13 Delegation. The board may delegate its authority under this chapter to a committee, a member or its director.
40.14SCR 40.14 Application; fees.
40.14(1)(1) Application to the supreme court for admission to the bar shall be filed with the board.
40.14(2)(2) An application is timely filed if any of the following is applicable:
40.14(2)(a)(a) The application, together with the applicable fees, is received at the board's office within the time specified for filing.
40.14(2)(b)(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.
40.14(2)(c)(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.
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