Rule 8 - Rules Governing the Missouri Bar and the Judiciary - Admission to the Bar
Publication / Adopted Date:
February 1, 1972
Topic:
Ineligibility
Revised / Effective Date:
October 1, 2003
8.04 Ineligibility
(a) Any person, whether sentence is imposed or not, who has pleaded guilty or nolo contendere to or been found guilty of any felony of the United States, this state, any other state or any United States territory is not eligible to apply for admission to the bar of this state until five years after the date of successful completion of any sentence or period of probation as a result of the conviction, plea, or finding of guilt.
(b) Any application for admission to the bar from a person who has pleaded guilty or nolo contendere to or been found guilty as specified in Rule 8.04(a) shall show affirmatively, in addition to the other requirements of the application, that:
(1) Any sentence or period of probation was completed at least five years ago;
(2) The cause has abated;
(3) Any person injured as a result of the conduct of the applicant has received restitution, the claims have been discharged by operation of law, or that the person has been notified at least 10 days, but not more than 90 days, in advance of the filing of the application;
(4) All special conditions, if any, imposed have been accomplished; and
(5) The best interest of the public will be served if the applicant receives a license.
(c) A person whose application has been denied, except as provided by Rule 8.04(a), is not eligible to apply for admission to the bar for a period of five years from the date the board recommends denial of the application, unless the board or this Court on appeal specifies a shorter period.
(d) A person having a complaint pending before the licensing authority of any other state or territory or who has been suspended or disbarred from the practice of law by the licensing authority of any state or territory is not eligible to apply for admission to the bar of this state during the time the complaint is pending or the period of such suspension or disbarment. In no instance shall any such person be eligible for admission until the person has been fully reinstated by such authority or otherwise exonerated.
Favorable resolution or termination of a complaint or reinstatement shall not bar or in any way prohibit the board from making an adverse determination as to character and fitness.
(Adopted Feb. 1, 1972, eff. Sept. 1, 1972. Amended June 27, 1980, eff. Aug. 1, 1980; Jan. 15, 1991, eff. Aug. 1, 1991; Oct. 16, 1995, eff. March 1, 1996; July 3, 2001, eff. Aug. 1, 2001. Amended and renamed Sept. 3, 2003, eff. Oct. 1, 2003.)
