Supreme Court of Missouri
en banc
January 31, 2023
Effective September 1, 2023
In re:
Repeal of paragraph 5 of the Regulations of the Board of Law Examiners of subdivision 8.03, entitled "Requirements for Admission to the Bar;" subdivision (d) of subdivision 8.04, entitled "Ineligibility," and paragraph 2 of the Regulations of the Board of Law Examiners of subdivision 8.04; subdivisions (a) and (b) of subdivision 8.07, entitled "Application for Bar Examination," and paragraphs 1 and 3 of the Regulations of the Board of Law Examiners of subdivision 8.07; subdivision (a) of subdivision 8.10, entitled "Admission Without Examination;" subdivision (a) of subdivision 8.105, entitled "Limited Admission for In-House Counsel;" subdivisions (g) and (h) of subdivision 8.11, entitled "Approval of Applications;" and subdivisions (a), (c), and (d) of subdivision 8.12, entitled "Hearings Before Board and Review by Court," of Rule 8, entitled "Admission to the Bar," and in lieu thereof adoption of a new paragraph 5 of the Regulations of the Board of Law Examiners of subdivision 8.03, entitled "Requirements for Admission to the Bar;" new subdivisions (d) and (e) of subdivision 8.04, entitled "Ineligibility," and a new paragraph 2 of the Regulations of the Board of Law Examiners of subdivision 8.04; new subdivisions (a) and (b) of subdivision 8.07, entitled "Application for Bar Examination," and new paragraphs 1 and 3 of the Regulations of the Board of Law Examiners of subdivision 8.07; a new subdivision (a) of subdivision 8.10, entitled "Admission Without Examination;" a new subdivision (a) of subdivision 8.105, entitled "Limited Admission for In-House Counsel;" new subdivisions (g) and (h) of subdivision 8.11, entitled "Approval of Applications;" and new subdivisions (a), (c), and (d) of subdivision 8.12, entitled "Hearings Before Board and Review by Court."
ORDER
1. It is ordered that, effective September 1, 2023, paragraph 5 of the Regulations of the Board of Law Examiners of subdivision 8.03; subdivision (d) of subdivision 8.04 and paragraph 2 the Regulations of the Board of Law Examiners of subdivision 8.04; subdivisions (a) and (b) of subdivision 8.07 and paragraphs 1 and 3 of the Regulations of the Board of Law Examiners of subdivision 8.07; subdivision (a) of subdivision 8.10; subdivision (a) of subdivision 8.105; subdivisions (g) and (h) of subdivision 8.11; and subdivisions (a), (c), and (d) of subdivision 8.12 be and the same are hereby repealed and a new paragraph 5 of the Regulations of the Board of Law Examiners of subdivision 8.03; new subdivisions (d) and (e) of subdivision 8.04 and a new paragraph 2 of the Regulations of the Board of Law Examiners of subdivision 8.04; new subdivisions (a) and (b) of subdivision 8.07 and new paragraphs 1 and 3 of the Regulations of the Board of Law Examiners of subdivision 8.07; a new subdivision (a) of subdivision 8.10; a new subdivision (a) of subdivision 8.105; new subdivisions (g) and (h) of subdivision 8.11; and new subdivisions (a), (c), and (d) of subdivision 8.12 are adopted in lieu thereof to read as follows:
8.03 REQUIREMENTS FOR ADMISSION TO THE BAR
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Regulations of the Board of Law Examiners
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5. Applicants for admission by examination who are successful on the examination but who have not satisfied all other requirements for admission on the date that examination results are released will be notified in writing that they have passed the examination. The examination scores of such applicants will be released to them but their name will not be posted on the Internet or otherwise released to the public until all requirements for admission have been satisfied. The board shall not release the examination results of an applicant where there is reasonable concern that the scores are invalid for any reason until such time as the validity of the scores are confirmed.
8.04 INELIGIBILITY
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(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.
Regulations of the Board of Law Examiners
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2. As part of its character and fitness determination, the board considers any criminal conduct, even if not described within Rule 8.04(a).
8.07 APPLICATION FOR BAR EXAMINATION
(a) Every applicant for admission to the bar by examination shall file with the clerk of this Court an application for bar examination in the form prescribed by the board. In order to be timely filed, an application shall be properly filed on or before March 1 for the July examination and on or before the prior October 1 for the February examination. For applicants who failed the most recent examination and are applying for the next scheduled examination, the application shall be properly filed on or before May 1 for the July examination and on or before the prior October 1 for the February examination in order to be timely filed. The prescribed fee, which is non-refundable, shall accompany the application. Applications will be accepted no earlier than February 1 for the July examination and no earlier than the prior September 1 for the February examination.
(b) Subject to payment of an increased fee as set out in the prescribed fee schedule, an application filed after the timely filing date prescribed in Rule 8.07(a) will be accepted if it is properly filed no later than May 1 for the July examination or December 1 for the February examination. An application not properly filed by May 1 for the July examination or by December 1 for the February examination will not be accepted.
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Regulations of Board of Law Examiners
1. Applications are deemed "properly filed" when the prescribed fee is tendered in full, the electronic portion of the application and character and fitness application are submitted electronically, and the executed Authorization and Release form is uploaded or received by mail. Any portion of an application that is returned for postage or because it is improperly addressed will not be considered properly postmarked. If the filing deadline falls on a Saturday, Sunday, or legal holiday, then the deadline shall be the next day that is not a Saturday, Sunday, or legal holiday.
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3. Upon written notice to the board received no later than 5:00 p.m. on the fourteenth 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 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.
8.10 ADMISSION WITHOUT EXAMINATION
(a) A person proving each of the following may be admitted to the practice of law in this state, without examination:
(1) A first professional degree in law (J.D. or LL.B.) was received from a law school that was approved by the American Bar Association at the time the person graduated;
(2) Admission to practice law in another state or territory of the United States or the District of Columbia and an active license to practice law in at least one jurisdiction that permits mutuality of admission without examination to Missouri lawyers;
(3) The application and related forms required by the board have been filed and the prescribed, non-refundable fee has been paid;
(4) For five of the 10 years immediately preceding the date upon which the application under this Rule 8.10 is filed, the person has:
(A) While holding an active license to practice law in a state, other than Missouri, a United States territory, or the District of Columbia, been engaged in the full-time practice of law in such state, territory, or the District of Columbia; or
(B) Served full-time as a lawyer with the United States government or its armed forces; or
(C) Taught full-time in a law school approved by the American Bar Association; or
(D) Been engaged in the full-time practice of law as in-house counsel primarily at or from an office physically located in a state, other than Missouri, or in a territory of the United States or the District of Columbia; or
(E) Been engaged in the full-time practice of law in Missouri pursuant to Rule 8.106; or
(F) Any combination of the foregoing;
(5) The approval of the board required by Rule 8.11 and the other applicable requirements of Rule 8;
(6) Compliance with Rule 15.05(d) within 90 days after the date of written notification that the person's character and fitness has been approved.
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8.105 LIMITED ADMISSION FOR IN-HOUSE COUNSEL
(a) A lawyer admitted to the practice of law in another United States jurisdiction, or who is a foreign lawyer, may receive a limited license to practice law in this state if the lawyer:
(1) Has accepted an offer of employment in Missouri as a lawyer exclusively for: a corporation, its subsidiaries or affiliates; an association; a business; or a governmental entity and the employer's lawful business consists of activities other than the practice of law or the provision
of legal services;
(2)
(A) Is a lawyer admitted in another United States jurisdiction and has been conferred a first professional degree in law (J.D. or LL.B.) by a law school that at the time of the lawyer's graduation was approved by the American Bar Association; or
(B) Is a foreign lawyer and is a member in good standing of a recognized legal profession in a foreign jurisdiction, the members of which are admitted to practice as lawyers or counselors at law or the equivalent and subject to effective regulation and discipline by a duly constituted professional body or a public authority;
(3) Has filed such application forms as prescribed by the board and paid the prescribed fee, which is non-refundable;
(4) Has filed documents proving admission to practice law and current good standing in all jurisdictions, United States and foreign, in which the lawyer is admitted to practice law;
(5) If the jurisdiction is foreign and the documents are not in English, the lawyer shall submit an English translation and satisfactory proof of the accuracy of the translation;
(6) Has filed an affidavit from an officer, director, or general counsel of the employing entity attesting to the lawyer's employment by the entity and the capacity in which the lawyer is so employed, and stating that
the employment conforms to the requirements of this Rule; and
(7) Receives the approval of the board.
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8.11 APPROVAL OF APPLICATIONS
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(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 the 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 shall be prima facie basis for immediate revocation of conditional approval and for denial of permission to take the bar examination.
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8.12 HEARINGS BEFORE BOARD AND REVIEW BY COURT
(a) If the board refuses to grant approval of any application, the applicant may request a hearing by the board by notifying the executive director of the board in writing within 15 days after the board has provided written notice of refusal to the applicant. The written request for a hearing shall advise the board of the precise matters desired to be covered at the hearing. The applicant shall have the right to be represented by counsel and present evidence at the time and place fixed by the board for the hearing.
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(c) The board's decision upon any such hearing shall be made in writing setting forth the reasons therefore, and a copy thereof shall be provided to the applicant.
(d) After the hearing provided for in Rule 8.12(a), the applicant may appeal to this Court from an adverse decision of the board by filing a notice of appeal that shall set forth in writing the facts and reasons on which it is based. A copy of the appeal shall be filed with the executive director of the board within 15 days after the board's decision is provided to the applicant.
The board, within 30 days after receipt of the notice of appeal, shall file with the clerk of this Court the original notice of appeal together with a statement of the board's action and position in the matter and, when evidence has been taken, shall order a transcript of such portions of the evidence as considered necessary by the board. A copy of the statement of the board and such transcript shall at the same time be served upon the applicant.
The applicant may, at applicant's own expense, file a transcript of any other portion of the evidence heard by the board as applicant considers necessary and serve a copy upon the executive director of the board.
This Court shall not hear or receive additional evidence.
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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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PAUL C. WILSON
Chief Justice