Supreme Court of Missouri
en banc
April 8, 2010
Effective July 1, 2010
Effective July 1, 2010
In re:
Repeal of subdivision (a) of subdivision 8.01, entitled "The Board of Law Examiners;" subdivision 8.03, entitled "Requirements for Admission to the Bar," and Regulations 2 and 5 thereto; subdivision 8.05, entitled "Application for Character and Fitness Report," and Regulation 2 thereto; subdivision (a) of subdivision 8.06, entitled "Temporary Practice by Lawyers Applying for Admission to The Missouri Bar;" subdivision 8.07, entitled "Application for Bar Examination," and Regulations 1, 2, and 3 thereto; subdivision 8.08, entitled "The Bar Examination," and all of the Regulations thereto; and subdivisions (a) and (d) of subdivision 8.11, entitled "Approval of Applications," and in lieu thereof adoption of a new subdivision (a) of subdivision 8.01, entitled "The Board of Law Examiners;" a new subdivision 8.03, entitled "Requirements for Admission to the Bar," and new Regulations 2 and 5 thereto; a new subdivision 8.05, entitled "Application for Character and Fitness Report," and a new Regulation 2 thereto; a new subdivision (a) of subdivision 8.06, entitled "Temporary Practice by Lawyers Applying for Admission to The Missouri Bar;" a new subdivision 8.07, entitled "Application for Bar Examination," and new Regulations 1, 2, and 3 thereto; a new subdivision 8.08, entitled "The Bar Examination," and new Regulations thereto; and new subdivisions (a) and (d) of subdivision 8.11, entitled "Approval of Applications."
ORDER
1. It is ordered that effective July 1, 2010, subdivision (a) of subdivision 8.01; subdivision 8.03 and Regulations 2 and 5 thereto; subdivision 8.05 and a new Regulation 2 thereto; subdivision (a) of subdivision 8.06; subdivision 8.07, and Regulations 1, 2, and 3 thereto; subdivision 8.08 and all of the Regulations thereto; and subdivisions (a) and (d) of subdivision 8.11 be and the same are hereby repealed and a new subdivision (a) of subdivision 8.01; a new subdivision 8.03 and new Regulations 2 and 5 thereto; a new subdivision 8.05 and a new Regulation 2 thereto; a new subdivision (a) of subdivision 8.06; a new subdivision 8.07 and new Regulations 1, 2, and 3 thereto; a new subdivision 8.08 and new Regulations thereto; and new subdivisions (a) and (d) of subdivision 8.11 adopted in lieu thereof to read as follows:
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8.01 THE BOARD OF LAW EXAMINERS
(a) The Board of Law Examiners shall be composed of at least six members of The Missouri Bar learned in the law. This Court shall appoint each member for a term of nine years exclusive of any unexpired term. Any members appointed after March 1, 2001, should not be called on to serve more than one term.
The members of the board shall take and subscribe an oath or affirmation prior to the assumption of their official duties to discharge faithfully and impartially the duties of their office.
The board shall designate one of its members to serve as president and one as vice-president.
This Court may remove any member of the board and may also fill any vacancies on the board due to death, resignation or inability to serve.
The members of the board shall receive such compensation as may be allowed by this Court out of funds arising from application fees.
The Court may appoint an executive director of the board who shall serve at the pleasure of the Court.
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8.03 REQUIREMENTS FOR ADMISSION TO THE BAR
(a) Every applicant for admission to the Bar of this state shall meet the following requirements:
(1) Comply with all provisions set out in this Rule 8;
(2) File all application forms prescribed by the board and pay all prescribed fees;
(3) Either:
(A) Pass the bar examination, pass the Multistate Professional Responsibility Exam, and complete the educational course on Missouri law as set out in Rule 8.08 and the regulations thereto; or
(B) Satisfy the requirements for admission as set out in Rule 8.10 or Rule 8.105;
(4) Be a citizen or national of the United States, an immigrant alien lawfully admitted for permanent residence in the United States, or an alien otherwise authorized to work lawfully in the United States;
(5) Satisfy the legal education requirements set out in Rule 8.07, Rule 8.10 or Rule 8.105; and
(6) Receive the approval of the board as to eligibility for admission and character and fitness.
(b) An applicant seeking readmission to the bar because of disbarment by this Court is not required to meet the requirements set out in Rule 8.03(a)(6).
(c) Applicants for admission by examination must satisfy all requirements for admission to the Bar of this state within one year after the date of written notification to the applicant of passing the bar examination or the applicant’s examination scores shall be void. Applicants for admission by examination who transfer an examination score earned in the Uniform Bar Examination taken in another jurisdiction must satisfy all requirements for admission within one year after the date of written notification to the applicant of acceptance of the transferred examination score. The board may extend the time period specified in this Rule 8.03(c) for good cause shown.
Regulations of the Board of Law Examiners
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2. Application forms may be obtained on the Internet at www.mble.org.
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5. Applicants for admission by examination who are successful in 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 not be released and their name will not be posted on the Internet or otherwise released to the public until all requirements for admission have been satisfied.
8.05 APPLICATION FOR CHARACTER AND FITNESS REPORT
(a) Every applicant for admission under Rule 8.07, Rule 8.10, or Rule 8.105 shall file with the clerk of this Court a written application for character and fitness report in the form prescribed by the board. Applicants shall pay to the clerk of this Court the prescribed non-refundable fee.
(b) Except as provided in Rule 8.05(c), the application for character and fitness report shall be filed concurrently with the application for bar examination, application for admission without examination, or application for limited admission as in-house counsel.
(c) Law students intending to apply for admission in Missouri upon graduation from law school may file an application for character and fitness report upon commencing the study of law in a juris doctorate program at a law school approved by the American Bar Association but prior to the student’s last year of law school. Law students in their last year of law school must submit an application for character and fitness report, if not previously submitted, concurrently with an application for bar examination in accord with the filing deadlines set out in Rule 8.07.
(d) An applicant may 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.
Regulations of the Board of Law Examiners
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2. The fingerprints of the applicant shall accompany the application for character and fitness report. The fingerprints shall be taken by a qualified law enforcement agency and be in such form as the board requires.
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8.06 TEMPORARY PRACTICE BY LAWYERS APPLYING FOR ADMISSION TO THE MISSOURI BAR
(a) Any lawyer meeting the following qualifications may apply to practice law temporarily in Missouri as provided in this Rule 8.06. The lawyer shall not have previously failed the bar examination administered in Missouri and shall be:
(1) An applicant for admission to The Missouri Bar under Rule 8.07, Rule 8.10, or Rule 8.105;
(2) An active member in good standing of the highest court of a state or territory of the United States;
(3) Not under suspension or disbarment by any court of record or the subject of any pending disciplinary complaints; and
(4) Supervised as provided in Rule 4-5.1 by a lawyer who is actively licensed to practice law in Missouri.
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8.07 APPLICATION FOR BAR EXAMINATION
(a) Every applicant for admission to the bar by examination, including applicants who transfer an examination score earned in the Uniform Bar Examination taken in another jurisdiction, 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 submitted 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 submitted 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 nonrefundable, 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 submitted after the timely filing date prescribed in Rule 8.07(a) will be accepted if it is properly submitted no later than May 31 for the July examination or December 31 for the February examination. An application not properly submitted by May 31 for the July examination or by December 31 for the February examination will not be accepted.
(c) Except as provided in Rule 8.07(d), no person shall be eligible to take the bar examination until such person shall have met all the requirements for graduation with a juris doctorate degree from a law school approved by the American Bar Association. No applicant for admission by examination shall be certified for admission until the juris doctorate degree has been conferred. Proof that the requirements of this Rule 8.07(c) have been met shall be provided in such form and at such time as the board requires.
(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 at least 24 semester credit hours in residence at a law school approved by the American Bar Association within the three years preceding the date upon which the person initially submits an application to take the bar examination in Missouri.
(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 at least 24 semester credit hours in residence at a law school approved by the American Bar Association within the three years preceding the date upon which the person initially submits and application to take the bar examination in Missouri.
Regulations of the Board of Law Examiners
1. Applications are deemed “properly submitted” when the prescribed fee is tendered in full, the electronic portion of the application is submitted electronically, and the paper portion of the application is properly postmarked for delivery by mail. The paper 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.
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 submitted 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, which shall be submitted with the 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.
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8.08 THE BAR EXAMINATION
(a) The board shall conduct examinations of applicants for admission to the bar twice each year at Jefferson City and at such other times and places as this Court may direct. The examination shall cover such subjects as the board may prescribe with the approval of this Court.
(b) Applicants are expected to have knowledge of legal ethics and familiarity with the Missouri rules of professional conduct. Prior to being issued a license to practice law, each applicant for admission by examination shall attain a scaled score of not less than 80 on the Multistate Professional Responsibility Examination. The applicant’s certified Multistate Professional Responsibility Examination score must be received by the board no later than one year after the date of written notification to the applicant of passing the bar examination.
(c) Applicants for admission by bar examination shall complete the educational course on Missouri law prescribed by the board and approved by this Court. Completion of this educational course shall occur no earlier than the date of initial application to take the bar examination and no later than one year after the date of written notification to the applicant of passing the bar examination or of acceptance of the examination score earned in the Uniform Bar Examination taken in another jurisdiction. Applicants who do not pass the bar examination within two years after completion of the educational course shall be required to complete the course again.
(d) The board shall certify to this Court those applicants qualified for admission under this Rule 8. The applicants so certified shall be granted a license to practice law upon taking and subscribing the oath or affirmation prescribed by Rule 8.15.
Regulations of Board of Law Examiners
1. The bar examination is the Uniform Bar Examination (UBE) prepared by the National Conference of Bar Examiners, which consists of six Multistate Essay Examination (MEE) questions, two Multistate Performance Test (MPT) tasks, and the Multistate Bar Examination (MBE).
2. The bar examination is administered on the last consecutive Tuesday and Wednesday in February and July. The MEE and MPT are administered on Tuesday and the MBE is administered on Wednesday.
3. The bar examination questions are graded according to the law of general application and not the law of any specific state.
4. Raw scores earned in the MEE and MPT portions of the examination are combined and scaled to the MBE to calculate scaled essay scores. MBE scores are weighted 50%, MEE scores are weighted 30%, and MPT scores are weighted 20% in calculating scaled total scores, which are expressed on a 400-point scale. An applicant’s scaled total score is the sum of the applicant’s scaled MBE score and scaled essay score A scaled total score of at least 260 is required to pass the bar examination.
5. The results of the bar examination will be published and disseminated at such dates and times as this Court shall set.
6. No re-grading or re-scoring of any part of the essay portion of the examination will be provided. No appeal or review of exam scores or results is allowed.
7. In determining whether an applicant passes the bar examination, the board shall accept the applicant's scaled score on the MBE taken in another jurisdiction and transferred to Missouri only if:
(a) The applicant has not previously failed the bar examination in Missouri;
(b) The score was attained in an examination administered within the 19 months immediately preceding the date of the examination to be taken in Missouri; and
(c) The applicant passed the entire bar examination in one administration in the transferring jurisdiction.
An applicant is allowed to utilize a transferred MBE score and sit for only the essay portion of the bar examination in Missouri one time. If such applicant does not achieve a passing score in the applicant’s first attempt, the applicant must sit for both days of the examination in any subsequent attempts. In determining whether an applicant has achieved a passing score, the applicant’s transferred scaled MBE score and the applicant’s scaled essay score combined must yield a scaled total score of at least 260.
8. In determining whether an applicant passes the bar examination, the board shall accept the applicant’s scaled total score earned in the Uniform Bar Examination taken in another jurisdiction and transferred to Missouri only if:
(a) The scaled total score is at least 260; and
(b) The scaled total score was attained in one of the three administrations of the Uniform Bar Examination preceding the date the application for bar examination is properly submitted in accordance with Rule 8.07.
It is the applicant’s responsibility to ensure the transferred Uniform Bar Examination score is certified to the board by August 1 for a July examination application and March 1for a February examination application.
9. Grades of an applicant on the bar examination will not be disclosed to the public, except that the board is authorized to:
(a) Make public statistical results of the examination;
(b) Disclose to the law school from which an applicant graduated the applicant’s grades, provided the applicant has signed a release form authorizing the board to do so;
(c) Disclose to the law school from which an applicant graduated the applicant’s pass/fail status; and
(d) Certify, upon an applicant's request, an applicant's scaled total score or scaled MBE score to other jurisdictions in which the applicant seeks admission.
10. Enrollment ceremonies for successful applicants will be held at Jefferson City at such locations, dates, and times as this Court shall set.
11. Testing accommodations will be provided for applicants demonstrating a disability to the extent such accommodations are reasonable, consistent with the nature and purpose of the examination, and necessitated by the applicant’s disability. Applicants needing accommodations shall file a petition for testing accommodations in such form as prescribed by the board. A fully completed petition for testing accommodations, including all required supporting documentation, shall be submitted with the application for bar examination in accordance with the filing deadlines set out in Rule 8.07 and subject to the corresponding prescribed fee.
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.
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(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.
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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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MARY R. RUSSELL
Acting Chief Justice