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.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.14BA 16.14 Documents. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.15BA 16.15 Testimony. Witnesses may be heard in person, or their testimony may be received in the form of affidavits or deposition transcripts. As a general practice, examinations and cross-examinations of witnesses shall be made by the members of the Board. Applicants or their counsel may cross-examine adverse witnesses.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.16BA 16.16 Record may remain open. The Chair or the Chair's designee may allow the record of the hearing to remain open for a limited period of time, which shall be specified, to give the applicant an opportunity to submit additional written materials.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.17BA 16.17 Determination. The Board shall make its determination by majority vote of the members present and voting, in person or by telephone. The Board may make its determination immediately following the hearing. Otherwise, the Board shall make its determination no later than at the regularly scheduled meeting next following the date set under Rule 16, unless it decides by majority vote to hold the record open for additional written or oral evidence.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.18BA 16.18 Adverse decision. If the determination is adverse to the applicant, the Board Chair or the Chair's designee shall within sixty days, incorporate the Board's determination in a written decision, which shall include findings of fact and conclusions of law, and shall promptly circulate the decision among all members of the Board. After the decision is circulated, dissenting board members shall have twenty-one days in which to transmit written dissents to the director.
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 16.19BA 16.19 Transmission of decision. The director shall transmit the Board's decision, together with any written dissents, to the applicant or the applicant's counsel within ten days after completion of the steps set out in Rule 18.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
BA 16.20BA 16.20 Review by board. An applicant may seek review of an adverse determination by filing a written request with the board within 30 days of the 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 determination 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.
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 16.21BA 16.21 Confidentiality. The hearing shall be closed and written materials, including the board's preliminary and final determinations, shall be confidential and shall be disclosed only to the applicant and the applicant's counsel.
History: Bd. of Bar Examiners Order, dated 2-27-09, eff. 5-1-09.
