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Supreme Court Rules
Section/Rule:
8.11
Subject:
Rule 8 - Rules Governing the Missouri Bar and the Judiciary - Admission to the Bar
Publication / Adopted Date:
October 16, 1995
Topic:
Approval of Applications
Revised / Effective Date:
September 1, 2023
8.11.
Approval of Applications
(
a
) Prior to recommending that an applicant be admitted to the bar, the board, in each instance, shall investigate the character and fitness of the applicant and determine the eligibility of the applicant for admission under the provisions of Rule 8.
(
b
) In investigating the character and fitness of an applicant, the board may refer applications to any of the following: the National Conference of Bar Examiners, the chief disciplinary counsel, the advisory committee, any regional disciplinary committee, any investigatory personnel engaged by the board, or personnel of this Court's clerk's office. Such entities shall report to the board, which may make such further investigation as it deems necessary to inform itself concerning the character and fitness of the applicant.
The board may have medical records or other documents reviewed by physicians or other professionals to obtain such professional’s expert opinion in cases involving a physical or mental impairment bearing upon an applicant's character and fitness or in cases involving bar examination testing accommodations. The expense of such review shall be borne by the board.
If necessary, in cases involving a physical or mental impairment bearing upon an applicant’s character and fitness or bearing upon bar examination testing accommodations, the board may request the applicant to undergo an independent evaluation or examination by a professional approved by the board. The applicant shall bear the expense of any independent evaluation or examination deemed necessary by the board to determine the applicant’s character and fitness or to determine the necessity of testing accommodations for the bar examination.
(
c
) If the investigation as to character and fitness of a
Rule 8.07
applicant is completed prior to the bar examination and the board determines that the applicant should not be approved for admission, the board may deny the applicant permission to take the examination.
(d) If the investigation as to character and fitness or the determination of eligibility for admission of a
Rule 8.07
applicant is not complete at the time of the bar examination, the board may permit the applicant to take the examination. Such permission, either express or implied, does not constitute approval, nor evidence of approval, and does not estop or inhibit the board nor shall such permission be used as evidence in support of any application.
(
e
) Approving an applicant for admission shall not preclude the board from subsequently determining that the applicant should not be approved for admission to the bar at any time before the applicant subscribes the oath or affirmation prescribed by
Rule 8.15
. The board retains jurisdiction over each applicant until actually licensed and may investigate, hold hearings on, and revoke its approval at any time before the applicant takes the oath of admission.
(
f
) In every investigation, the board may obtain such information as bears upon the character, fitness and general qualificat
ions of the applicant and take and hear testimony, administer oaths and affirmations and compel, by subpoena issued b
y this Court, the attendance of witnesses and the production of books, papers and documents. Any member of the board may administer such oaths and affirmations.
(
g
) The board may impose such conditions as it deems necessary upon its approval of an application for character and fitness
report filed by an applicant as provided in
Rule 8.05(b)
. Approval of an application may be conditioned upon successful completion of such programs or treatments required by the board for alcohol abuse, substance abuse, sexual misconduct, or management of emotional or mental problems or money management. The board may delegate to the Missouri Lawyers’ Assistance Program, or other programs recognized by the Court, the management of such conditions. All such conditional approvals of applications and all such programs shall be limited to conditions involving areas that adversely affect the applicant’s ability to responsibly further t
he public interest.
(
h
) Violation of any condition imposed under Rule 8.11(g)
shall be self-reported to the board by the applicant. Any material violation sh
all be prima facie basis for immediate revocation of conditional approval and for denial of permission to take the bar examination.
(
i
) In addition to disclosure allowed by Rule 8.11(b),
the board may, as reasonably necessary, disclose information relating to
a specific applicant to:
(1)
Sources contacted during the board’s character and fitness investigation; and
(2)
Lawyer disciplinary or admissions authorities in other jurisdictions when the information relates to possible unethical conduct by a lawyer licensed or a person applying for licensure to practice in that jurisdiction.
(Adopted October 16, 1995, effective March 1, 1996. Amended September 3, 2003, effective October 1, 2003; Amended March 7, 2005, effective July 1, 2005; Amended December 18, 2007, effective January 1, 2008; Amended April 8, 2010, effective July 1, 2010; Amended January 31, 2023, effective September 1, 2023. )
Regulations of Board of Law Examiners
The board will give written notice to the applicant as to whether or not the application has been approved. The timing of such notices shall be in the sole discretion of the board.
(Adopted October 16, 1995, effective March 1, 1996. Amended September 3, 2003, effective October 1, 2003.)
