CHAPTER SCR 40 APPENDIXCHAPTER SCR 40 APPENDIX
Rules of the Board of Bar Examiners
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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 4.02BA 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.
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(a)(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.
BA 4.03(b)(b) Staff closure of a file is appealable to the Board.
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 5.01BA 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.
BA 5.01(b)(b) Staff closure of a file is appealable to the Board.
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
BA 6 PreambleBA 6 Preamble. These rules are adopted in furtherance of SCR 40.06 (1), (3), (3m) and SCR 40.07.
BA 6.01BA 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 6.02BA 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:
BA 6.02(c)(c) false statements by the applicant, including concealment or nondisclosure
BA 6.02(d)(d) acts involving dishonesty or misrepresentation
BA 6.02(f)(f) neglect of financial responsibilities
BA 6.02(i)(i) evidence of mental or emotional impairments substantial enough to affect the applicant's ability to practice law
BA 6.02(j)(j) evidence of drug or alcohol dependency
BA 6.02(k)(k) denial of admission to the bar in another jurisdiction on character and fitness grounds
BA 6.02(L)(L) disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 6.03BA 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:
BA 6.03(a)(a) the applicant's age at the time of the conduct
BA 6.03(c)(c) the reliability of the information concerning the conduct
BA 6.03(e)(e) the mitigating or aggravating circumstances
BA 6.03(g)(g) the applicant's candor in the admissions process
BA 6.03(h)(h) the materiality of any omissions or misrepresentations
BA 6.03(i)(i) the number of incidents revealing deficiencies
BA 6.04BA 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.
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 6.045BA 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.
BA 6.045(b)(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.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 6.05BA 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.
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 6.06BA 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.
BA 6.06(b)(b) Staff closure of a file is appealable to the Board.
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 10.01BA 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.
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 14.01BA 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 14.02BA 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:
BA 14.02(a)(a) It is accompanied by a signed and notarized authorization and release form; and
BA 14.02(b)(b) It is accompanied by the applicable filing fees.
History: Bd. of Bar Examiners Order, eff. 12-8-94, 188 Wis. 2d xxi (1994); Bd. of Bar Examiners Order, eff. 10-1-95, 194 Wis. 2d xxi (1995); Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 14.025BA 14.025 Handwritten applications will not be accepted.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 14.03BA 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.
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 14.04BA 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).
BA 14.04(b)(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.
BA 14.04(c)(c) Applicants who miss the filing deadline in subsection (a) may forfeit their chance to be admitted under the diploma privilege.
History: Bd. of Bar Examiners Order, eff. 10-1-95, 194 Wis. 2d xxi (1995); Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 14.05BA 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.
