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.
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.
BOARD MEETINGS
BA 15.01BA 15.01 As an agency of the Supreme Court, the Board is not subject to Subchapter V of Chapter 19 of the Wisconsin Statutes, relating to open meetings of governmental bodies. However, the Board posts the dates, locations and agendas of its meetings on its Internet web site and invites the public to attend its meetings. Members of the public are not allowed to attend meetings or parts of meetings that involve confidential matters. Examples of confidential matters include (i) individuals' applications for admission to the Wisconsin bar, (ii) hearings on admission applications and (iii) bar examination questions.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
PROCEDURES FOR HEARINGS BEFORE THE BOARD
BA 16.01BA 16.01 Application. These rules govern all hearings before the Board of Bar Examiners.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.02BA 16.02 Notice of an at-risk application. 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 determination that the application is at risk of being denied and, except as to failure of the bar examination under SCR 40.04, the applicant shall have the opportunity to respond in writing within thirty days of the mailing of notification of the board's decision to the applicant at the last address furnished by the applicant in writing to the board.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BABA 16.03 Hearings. The Board shall grant a hearing to any applicant who has received a notice under SCR 40.08 (1).
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09; Bd. of Bar Examiners Order, dated and eff. 9-23-11.
BA 16.04BA 16.04 Request for hearing. Applicants must make their requests for a hearing in writing within 30 days after the mailing of the notice under SCR 40.08 (1).
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.05BA 16.05 Review of records. Applicants who have received a notice under SCR 40.08 (1) may, while the application is pending, review, personally or by counsel, all materials in the applicant's files, including any staff recommendations. Upon written request, the Board will transmit copies of these materials to the applicant or the applicant's counsel at a cost not to exceed twenty-five cents per page. Materials solicited by the Board before October 1, 2008 under an unconditional promise of confidentiality are not subject to review by the applicant.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.06BA 16.06 Pre-hearing conference. Within 30 days after receiving an applicant's Request for Hearing, the Board Chair or the Chair's designee shall confer in person or by telephone with the applicant or the applicant's counsel to set a hearing date, clarify the issues, determine whether the applicant will stipulate to any material facts, consider any limitations on the number of witnesses, the length of the hearing and such other matters as may aid the Board in its determination. Promptly after this pre-hearing conference, the Chair or the Chair's designee shall prepare a memorandum for the record which summarizes all actions taken at the conference. The memorandum shall control the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.065BA 16.065 Hearing. An applicant who has timely requested a hearing under SCR 40.08 (2) shall have the right to appear in person and with counsel, to make an opening statement, to call, examine, and cross-examine witnesses, and to offer evidence into the record.
History: Bd. of Bar Examiners Order, dated and eff. 9-23-11.
BA 16.07BA 16.07 Hearing record. The hearing record shall include evidence received or considered, stipulations and admissions, a statement of matters officially noticed, questions and offers of proof, objections and rulings thereon, any proposed findings or decisions and exceptions, and any decision, opinion or report by the Board.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.08BA 16.08 Counsel. An applicant shall be entitled to be represented by counsel at hearing at the applicant's expense, provided a notice of appearance is filed at or before the hearing.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.09BA 16.09 Record of proceedings. A stenographic, electronic or other record of oral proceedings shall be made. If the board obtains a transcript of proceedings, it shall, upon request, provide the applicant with a copy at a cost not to exceed twenty-five cents per page.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.10BA 16.10 Presiding officer. The Board Chair or the Chair's designee shall preside at hearing, and shall rule on motions, objections and any other matters that arise.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.11BA 16.11 Rules of evidence. The Board is not bound by common law or statutory rules of evidence.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.12BA 16.12 Hearing record. The applicant and any member of the Board may move that portions of the applicant's file be received in evidence. All evidence received at the hearing shall be made a part of the hearing record. The applicant shall be afforded adequate opportunity to rebut or offer countervailing evidence.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.13BA 16.13 Official notice. The Board may take official notice of any generally recognized fact or any established technical or scientific fact, but the applicant shall be notified either before or during the hearing of the facts so noticed, and shall be afforded an opportunity to contest the validity of the official notice.
