Vol. 81, No. 3, March
Supreme Court Orders
The Wisconsin Supreme Court has amended SCR 40.04(5), removing the limit
on the number of times an applicant may sit for the Wisconsin bar
In the matter of the Amendment of SCR 40.04 Legal Competence
Requirement: Bar Examination; SCR 40.04(5) An Applicant
On March 23, 2007, Arnold A. Moncada Jr. filed a petition proposing
amend SCR 40.04(5), Legal competence requirement: Bar examination, to
that there be no limit to the number of times an applicant may sit for
Wisconsin bar examination under this provision, to provide for a right
for applicants who fail the bar examination under certain conditions,
make these rule changes retroactive. A public hearing was held on
7, 2007. Mr. Moncada presented his petition. John Kosobucki,
director of the
board of bar examiners, appeared in opposition to the petition. Attorney
Thomas Boykoff also appeared on behalf of the board of bar examiners to
the court of certain proposed changes to the rules governing the board
At the ensuing open administrative conference, the court
matter and tentatively voted to delete SCR 40.04(5), such that there
would be no
limit on the number of times an individual could sit for the Wisconsin
bar examination. The court voted to reject the proposal to impose an
process for applicants who have failed the bar examination and rejected
to make such a process available retroactively. The court sought
additional information on other states' policies regarding limitations
on the number
of times an applicant may sit for a bar examination.
At its open administrative conference on Jan. 9, 2008, the court
discussed the matter further and formally approved, on a 6 to 1 vote,
decision rendered in open conference on Nov. 7, 2007. Justice Ann
Bradley dissented, noting that she opposed a policy that imposes no
the number of times an applicant may sit for the Wisconsin bar
IT IS ORDERED that effective the date of this order, Supreme
40.04 (5) is repealed.
IT IS FURTHER ORDERED that the remainder of the requests set
the petition seeking a right of appeal for applicants who fail the bar
examination and making any such rule change retroactive are denied.
IT IS FURTHER ORDERED that within 30 days of the date of this
the board of bar examiners shall ensure that the rules of the board of
bar examiners, SCR ch. 40 Appendix, are consistent with this order.
IT IS FURTHER ORDERED that notice of this amendment of SCR
given by a single publication of a copy of this order in the official
newspaper and in an official publication of the State Bar of Wisconsin.
Dated at Madison, Wis., this 17th day of January, 2008.
By the court: David R. Schanker, Clerk of Supreme Court