Supreme Court of Missouri
en banc

In re:

Repeal of subdivisions (b) and (d) of subdivision 8.05, entitled "Application for Character and Fitness Report;" subdivisions (d) and (e) of subdivision 8.07, entitled "Application for Bar Examination;" and Regulations 2, 3, and 4 to subdivision 8.07, of Rule 8, entitled "Admission to the Bar," and in lieu thereof adoption of new subdivisions (b), (d), and (e) of subdivision 8.05, entitled "Application for Character and Fitness Report;" new subdivisions (d) and (e) of subdivision 8.07, entitled "Application for Bar Examination;" and new Regulations 2 and 3 to subdivision 8.07.

1. It is ordered that effective July 1, 2017, subdivisions (b) and (d) of subdivision 8.05, and subdivisions (d) and (e) of subdivision 8.07, and Regulation 2, 3, and 4 to subdivision 8.07, of Rule 8 be and the same are hereby repealed and a new subdivision (b), a new subdivision (d), and a new subdivision (e) of subdivision 8.05, and a new subdivision (d) and a new subdivision (e) of subdivision 8.07, and new Regulations 2 and 3 to subdivision 8.07 adopted in lieu thereof to read as follows:

8.05 APPLICATION FOR CHARACTER AND FITNESS REPORT

(b) Except as provided in Rules 8.05(c) and 8.05(d), the application for character and fitness report shall be filed concurrently with the application for admission under Rule 8.07, Rule 8.09, Rule 8.10 or Rule 8.105.

(d) An applicant seeking reinstatement to the bar by this Court pursuant to Rule 5.28 shall, upon written notification by the chief disciplinary counsel, file an application for character and fitness report in the form and manner prescribed by the chief disciplinary counsel. The chief disciplinary counsel and the board may enter into an agreement for the board to conduct character and fitness investigations for applicants seeking reinstatement to the bar. The character and fitness investigation and report completed pursuant to this section shall be included in the applicant's reinstatement file maintained by the chief disciplinary counsel.

(e) An applicant shall be required to file a new and complete application for character and fitness report and pay the prescribed fee if more than 60 months have expired since the date the application initially was filed.

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8.07 APPLICATION FOR BAR EXAMINATION
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(d) A person who fails to meet the requirement set out in Rule 8.07(c) because that person graduated from a law school not approved by the American Bar Association, located either in the United States or outside the United States, may request permission from the board to take the bar examination upon furnishing satisfactory evidence that the person:

(1) Has been admitted by examination to the bar and holds an active law license in another state or territory of the United States or in the District of Columbia and has engaged full-time in the practice of law in such state, territory, or the District of Columbia for at least three of the five years immediately preceding the date upon which the person initially submits an application to take the bar examination in Missouri; or

(2) Has been admitted by examination to the bar and holds an active law license in another state or territory of the United States or in the District of Columbia and has completed successfully, in their entirety, at least 24 semester credit hours in residence at a law school approved by the American Bar Association wholly within the three years preceding the date upon which the person initially submits an application to take the bar examination in Missouri; or

(3) Has been admitted by examination to the bar and holds an active law license in another state or territory of the United States or in the District of Columbia and has met all requirements for graduation with a Master of Laws degree from a law school approved by the American Bar Association.

(e) A person who fails to meet the requirement set out in Rule 8.07(c) because that person graduated from a law school outside the United States not approved by the American Bar Association may request permission from the board to take the bar examination by furnishing satisfactory evidence that the person:

(1) Has been admitted to practice law in the foreign country where his or her law degree was conferred and has been in good standing throughout the period of such admission and has engaged in the full-time practice of law outside the United States for a period of at least three of the five years preceding the date upon which the person initially submits an application to take the bar examination in Missouri; or

(2) Has been admitted to practice law in the foreign country where his or her law degree was conferred and has been in good standing throughout the period of such admission and has completed successfully, in their entirety, at least 24 semester credit hours in residence at a law school approved by the American Bar Association wholly within the three years preceding the date upon which the person initially submits an application to take the bar examination in Missouri; or

(3) Has been admitted to practice law in the foreign country where his or her law degree was conferred and has been in good standing throughout the period of such admission and has met all requirements for graduation with a Master of Laws degree from a law school approved by the American Bar Association.

2. If the application is not substantially complete, as determined by the board, and is rejected for filing, the applicable increased late fee will be imposed if a complete application is not properly postmarked or received by the filing deadline.

3. Upon written notice to the board postmarked or received no later than 5:00 p.m. on the day before the examination applied for, an applicant may postpone taking the examination applied for and carry forward the application fee one time to the next scheduled examination. The applicant shall pay a postponement fee as set out in the prescribed fee schedule, within ten (10) days of submitting written notice of postponement. Except for extraordinary circumstances and good cause shown, an applicant who does not submit timely written notice of postponement shall be required to pay the prescribed application fee in full in order to sit for any future examination. By allowing an applicant to postpone taking the examination, the board does not waive, alter, or extend any provisions of Rule 8.

2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.

3. It is ordered that this order be published in the South Western Reporter.

Day – to – Day

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PATRICIA BRECKENRIDGE
Chief Justice