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.
40.14(2)(d)(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.
40.14(2)(e)(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 the applicable fees shall be within the time specified for filing.
40.14(3)(3) The following fees are payable to the board:
40.14(3)(c)(c) Fee for application for admission on proof of practice elsewhere .... $850
40.14(3)(e)(e) Fee for reinstatement, readmission, late admission on diploma privilege or late enrollment in the bar .... $200
40.14(3)(f)(f) Application fee for change of name .... $25
40.14(3)(g)(g) Fee for a character and fitness investigation under SCR 40.06 (3m) .... $210
40.14(3)(h)(h) Late fee for a character and fitness investigation under SCR 40.06 (3m) .... $200
History: Sup. Ct. Order No. 93-10, 176 Wis. 2d xxi (1993); Sup. Ct. Order No.
98-05
, 219 Wis. 2d xv (1998); Sup. Ct. Order No.
00-08
, 2000 WI 54, 235 Wis. 2d xiii; Sup. Ct. Order No.
08-14
, 2009 WI 20, 312 Wis. 2d xv; Sup. Ct. Order No.
11-02
, 2011 WI 90, 336 Wis. 2d xiii.
40.15SCR 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:
40.15(cont.)I will support the constitution of the United States and the constitution of the state of Wisconsin;
40.15(cont.)I will maintain the respect due to courts of justice and judicial officers;
40.15(cont.)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;
40.15(cont.)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;
40.15(cont.)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;
40.15(cont.)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;
40.15(cont.)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.
Case Notes: The "offensive personality" component of the attorney's oath may be violated by conduct that occurs out of court as well as by in-court conduct. The conduct at issue here consisted entirely of letters written by the attorney to a local newspaper that were found to be acidic, argumentative, arrogant, and condescending but did not bring disrepute on the attorney, the legal profession or the courts. No violation was found where the attorney's primary intent in writing the letters was to protect the personal and business reputation of his client. Lawyer Regulation System v. Williams, 2005 WI 15, 278 Wis. 2d 237, 692 N.W.2d 633, 02-3327.
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