Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 8.03, entitled "Requirements for Admission to the Bar," and Regulation 5 of that subdivision; subdivisions (a), (d), and (e), and Regulation 3 of subdivision 8.07, entitled "Application for Bar Examination;" and subdivision (b) and Regulation 8 of subdivision 8.08, entitled "The Bar Examination," of Rule 8, entitled "Admission to the Bar," and in lieu thereof adoption of a new subdivision 8.03, entitled "Requirements for Admission to the Bar," and a new Regulation 5 to said subdivision; new subdivisions (a), (d), and (e), and a new Regulation 3 of subdivision 8.07, entitled "Application for Bar Examination;" and a new subdivision (b) and Regulation 8 of subdivision 8.08, entitled "The Bar Examination."

(2) Repeal of subdivision (c) of subdivision 13.02, entitled "Requirements and Limitations," of Rule 13, entitled "Legal Assistance by Law Students," and in lieu thereof adoption of a new subdivision (c) of subdivision 13.02, entitled "Requirements and Limitations."


1.  It is ordered that effective July 1, 2009, subdivision 8.03 and Regulation 5 of that subdivision; subdivisions (a), (d), and (e), and Regulation 3 of subdivision 8.07; and subdivision (b) and Regulation 8 of subdivision 8.08 be and the same are hereby repealed and a new subdivision 8.03 and a new Regulation 5 of that subdivision; new subdivisions (a), (d), and (e), and a new Regulation 3 of subdivision 8.07; and a new subdivision (b) and a new Regulation 8 of subdivision 8.08 adopted in lieu thereof to read as follows:

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 Missouri bar examination and the Multistate Professional Responsibility Examination as set out in Rule 8.08; 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 requirement set out in Rule 8.03(a)(6).


(c) If an applicant has not satisfied all requirements for admission to the Bar of this state within one year after the date of written notification to the applicant of successful completion of the Missouri bar examination, the applicant’s examination scores shall be void; provided, however, that 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

*     *     *


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 to them and their name will not be posted on the Internet or otherwise released to the public until all requirements for admission have been satisfied.

8.07 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 postmarked or received 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 postmarked or received 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.


*     *     *


(d) A person who fails to meet the requirement set out in Rule 8.07(c) because that person graduated either from an unaccredited law school in the United States or from a law school outside the United States beyond the geographical area encompassed by the accreditation activities of the American Bar Association 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 Missouri bar examination; 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 immediately preceding the date upon which the person initially submits an application to take the Missouri bar examination.


(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 beyond the geographical area encompassed by the accreditation activities of 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 the person's law degree was conferred, 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 Missouri bar examination; or

(2) Has been admitted to practice law in the foreign country where the person's law degree was conferred, 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 an application to take the Missouri bar examination.


Regulations of Board of Law Examiners

*     *     *


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 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 Regulation 7 under Rule 8.08 or any other provision of Rule 8.


*     *     *


8.08 THE BAR EXAMINATION


*     *     *


(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 of the applicant’s successful completion of the bar examination.


*     *     *

Regulations of Board of Law Examiners

*     *     *


8. 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 MBE score to other jurisdictions in which the applicant seeks admission.


*     *     *

2.  It is ordered that effective July 1, 2009, subdivision 13.02(c) be and the same is hereby repealed and a new subdivision 13.02(c) adopted in lieu thereof to read as follows:

13.02  REQUIREMENTS AND LIMITATIONS

In order to make an appearance pursuant to this Rule 13, the law student shall:


*     *     *


(c) File an application under this Rule 13 and pay the prescribed fee.  

The application and any information concerning the student, including background investigation and any reports concerning the student’s conduct under this Rule 13, shall be available upon request to the bar licensing agency of any jurisdiction where the student seeks or gains admission to the bar;


*     *     *

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

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

Day - to - Day

_______________________
LAURA DENVIR STITH
Chief Justice