Wisconsin Lawyer
Vol. 81, No. 7, July 2008

Supreme Court Orders

• 07-09: Defining the Practice of Law
• Board of Bar Examiners Order

Defining the Practice of Law

In the matter of the Definition of the Practice of Law and the Administration of a Rule Defining the Practice of Law

Order 07-09

On June 19, 2007, the Board of Governors of the State Bar of Wisconsin (State Bar) filed a petition asking the court to create a new court rule to define the practice of law and to create a system to administer the rule, subject to supervision and control by the court. A public hearing and open administrative conference on this matter was conducted on Dec. 10, 2007. Numerous interested persons appeared at the hearing or submitted written comments. The court further discussed the matter, including additional written comments received, at an open administrative conference on March 14, 2008.

On April 23, 2008, the State Bar submitted a letter asking the court to hold this matter in abeyance in order to permit the State Bar to carefully evaluate the various proposals submitted regarding this matter. The court approved the State Bar's request at an open administrative conference on April 24, 2008.

IT IS ORDERED that the State Bar of Wisconsin's request that this court hold in abeyance Rule Matter 07-09, In the matter of the Definition of the Practice of Law and the Administration of a Rule Defining the Practice of Law, is granted; and

IT IS FURTHER ORDERED that the State Bar of Wisconsin shall advise the court, in writing, of the status of its review of Rule Matter 07-09, In the matter of the Definition of the Practice of Law and the Administration of a Rule Defining the Practice of Law, by Nov. 1, 2008.

IT IS FURTHER ORDERED that notice of the issuance of this order be given by a single publication of a copy of this order in the official state newspaper and in an official publication of the State Bar of Wisconsin.

Dated at Madison, Wis., this 29th day of May, 2008.

By the court:
David R. Schanker,
Clerk of Supreme Court

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Board of Bar Examiners Order

Number of Times an Applicant May Sit for the Wisconsin Bar Examination

Order

On March 23, 2007, Arnold A. Moncada Jr. filed a petition with the Supreme Court of Wisconsin proposing to amend Supreme Court Rule (SCR) 40.04(5), Legal competence requirement: Bar Examination, to provide, inter alia, that there be no limit to the number of times an applicant may sit for the Wisconsin bar examination under this provision. A public hearing was held on Nov. 7, 2007. At the ensuing administrative conference, the Court discussed the 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 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 (Justice Bradley dissenting), the decision rendered in open conference on Nov. 7, 2007. On Jan. 17, 2008, the Court issued its formal order repealing SCR 40.04(5).

On Jan. 16, 2008, the Board of Bar Examiners met in regular session to consider Appendix BA 4.01 to SCR Chapter 40 which contained the Board's rules relating to the maximum number of times an applicant may take the Wisconsin bar examination. Upon motion duly made and seconded, the Board voted unanimously to repeal Section BA 4.01 to SCR Chapter 40. In view of the fact that the Board's action was predicated upon the Court's repeal of SCR 40.04(5), no public hearing was held.

Now, therefore, effective Jan. 16, 2008, Section BA 4.01 of the Appendix to SCR Chapter 40 is hereby repealed.

Dated at Madison, Wis., this 16th day of May, 2008.

By the Board of Bar Examiners:
James A. Morrison, Chair,
Board of Bar Examiners

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