Wisconsin Lawyer
Vol. 84, No. 11, November 2011

• Order 11-02 – In the matter of amendment of Supreme Court Rules 40.01 and 40.14 relating to application for bar admission
• Chapter 31 – BBE Changes to Chapter 31 and 40 Appendicies

Application for Bar Admission

In the matter of amendment of Supreme Court Rules 40.01 and 40.14 relating to application for bar admission

Order 11-02

On April 5, 2011, the Board of Bar Examiners (BBE) filed a petition seeking amendment of Supreme Court Rules (SCRs) 40.01 and 40.14. The petition proposes creating definitions for an “electronic application system” and for an “electronic signature.” The petition also proposes that an electronic signature will be required for all those seeking to file an online application with the BBE.

The court solicited comments from interested parties and decided not to hold a public hearing. At open administrative conference on September 15, 2011, the court considered the proposal and voted to adopt the petition.

IT IS ORDERED that, effective the date of this order, the supreme court rules are amended as follows:

Section 1. 40.01 (1) (c) and (d) of the supreme court rules are created to read:

40.01 (1) (c) “Electronic application system” means a web-based system established by the board of bar examiners through which individuals may electronically file an original or amended application under this chapter.

(d) ”Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with an electronically-filed application that can be executed or adopted by the applicant with the intent to sign the application under oath or affirmation.

Section 2. 40.14 (2) (d) and (e) of the supreme court rules are created to read:

40.14 (2) (d) The application, together with the applicable fees, is submitted through the electronic application system to the board within the time specified for filing. Applications filed electronically must include the applicant’s electronic signature, by which the applicant avers under oath or affirmation that the information contained in the application is true and correct.

(e) The application is submitted through the electronic application system to the board. Applications filed electronically must include the applicant’s electronic signature, by which the applicant avers under oath or affirmation that the information contained in the application is true and correct. Both the submission of an application through the electronic application system and the payment of the applicable fees shall be within the time specified for filing.

IT IS FURTHER ORDERED that notice of the amendment of SCRs 40.01 and 40.14 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, Wisconsin, this 22nd day of September, 2011.

By the court:

A. John Voelker,
Acting Clerk of Supreme Court

BBE Changes to Chapter 31 and 40 Appendices

Supreme Court Rules 31.14 and 40.11 provide the Board of Bar Examiners with rule-making authority for Chapters 31 and 40 of the Wisconsin Supreme Court Rules. The Board of Bar Examiners, after appropriate notice, conducted a public hearing on September 23, 2011, regarding proposed revisions to SCR Chapter 31 Appendix and SCR Chapter 40 Appendix. Now, therefore, it is hereby ordered that the Appendices to Chapter 31 and Chapter 40 of the Supreme Court Rules are amended or created as follows:

SCR CHAPTER 31 APPENDIX:

CLE 5.03 is created to read:

Grading the essay portion of the Wisconsin bar exam may be used to satisfy the requirements of SCR 31.02, up to a maximum of six (6) credits per examination administration. No legal ethics and professional responsibility credits shall be awarded for grading the essay portion of the Wisconsin bar exam.

CLE 8.06 is created to read:

Program sponsors shall maintain a list of lawyers in attendance for a minimum of four (4) years. Attendance lists may be kept in hardcopy or stored in a retrievable electronic format.

REVISIONS TO SCR CHAPTER 40 APPENDIX:

BA 16.03 is amended to read:

The Board may shall grant a hearing to any applicant who has received a notice under SCR 40.08 (1).

BA 16.065 is created to read:

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.

BA 16.18 is amended to read:

If the determination is adverse to the applicant, the Board Chair or the Chair’s designee shall within thirty 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.

BA 16.20 is repealed and recreated to read:

Reconsideration. Within thirty days after transmission of the Board’s decision, the applicant may file a petition for reconsideration, which shall be granted only on the basis of some material error of law, some material error of fact, or the discovery of new evidence sufficiently strong to reverse the adverse determination. The Board shall rule on the petition by majority vote no later than at its next regularly scheduled meeting following the filing of the petition, either by denying the petition or by granting the petition on a schedule which it shall then specify.

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.

These rules shall become effective September 23, 2011.

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