Supreme Court Rules - Rule 8 - Rules Governing the Missouri Bar and the Judiciary

Clerk Handbooks

Supreme Court Rules

		Section/Rule:	8.04
Subject:	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:	September 1, 2023

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) Any person who has any felony charge pending against that person for an alleged felony committed under the laws of the United States, this state, or any other state or United States territory is not eligible to apply for admission to the bar of this state until the charge is disposed. If the felony charge results in a conviction, guilty or nolo contendere plea, or finding of guilt for a felony offense, that person is not eligible to apply for admission to the bar of this state until that person satisfies the conditions set forth in Rule 8.04(a) and (b).

(e) A person having a complaint pending before the licensing authority of any other state or territory or foreign jurisdiction or who has been suspended or disbarred from the practice of law by the licensing authority of any state or territory or foreign jurisdiction 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 February 1, 1972, effective September 1, 1972. Amended June 27, 1980, effective August 1, 1980, Amended January 15, 1991, effective August 1, 1991, Amended October 16, 1995, effective March 1, 1996, Amended July 3, 2001, effective Aug. 1, 2001. Amended and renamed September 3, 2003, effective October 1, 2003. Amended August 16, 2011, effective September 1, 2011; Amended January 31, 2023, effective September 1, 2023.)

Regulations of Board of Law Examiners

1. A felony conviction as described in Rule 8.04(a) is a per se disqualification to file an application for admission under Rule 8.07, Rule 8.09, Rule 8.10, Rule 8.105 or Rule 8.106 until after the period of ineligibility imposed by Rule 8.04(a) has expired. Once the Rule 8.04(a) period of ineligibility has expired, the board will consider the felony in reaching a determination as to the applicant’s character and fitness.

2. As part of its character and fitness determination, the board considers any criminal conduct, even if not described within Rule 8.04(a).

(Adopted September 3, 2003, effective October 1, 2003. Amended August 16, 2011, effective September 1, 2011; Amended September 5, 2018, effective January 1, 2019; Amended January 31, 2023, effective September 1, 2023.)