Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision (a) of subdivision 8.01, entitled "The Board of Law Examiners," subdivisions (a), (d), and (e) of subdivision 8.06, entitled "Temporary Practice by Lawyers Applying for Admission to The Missouri Bar," subdivisions (b) and (c) of subdivision 8.07, entitled "Application for Bar Examination," subdivision (b) of subdivision 8.08, entitled "The Bar Examination," and Regulation 7 to subdivision 8.08, subdivision (a) to subdivision 8.10, entitled "Admission Without Examination," and Regulations 1 and 3 to subdivision 8.10, subdivision (a)(2) of subdivision 8.105, entitled "Limited Admission for In-House Counsel," and the Regulation to subdivision 8.105, subdivision (d) of subdivision 8.11, entitled "Approval of Applications," and subdivisions (a) 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 subdivision (a) of subdivision 8.01, entitled "The Board of Law Examiners," new subdivisions (a), (d), and (e) of subdivision 8.06, entitled "Temporary Practice by Lawyers Applying for Admission to The Missouri Bar," new subdivisions (b) and (c) of subdivision 8.07, entitled "Application for Bar Examination," new subdivision (b) of subdivision 8.08, entitled "The Bar Examination," a new Regulation 7 to subdivision 8.08, a new subdivision (a) to subdivision 8.10, entitled "Admission Without Examination," new Regulations 1 and 3 to subdivision 8.10, new subdivision (a)(2) of subdivision 8.105, entitled "Limited Admission for In-House Counsel," new subdivision (d) of subdivision 8.11, entitled "Approval of Applications," and new subdivisions (a) and (d) of subdivision 8.12, entitled "Hearings Before Board and Review by Court."

(2) Repeal of subdivision (a)(1) of subdivision 13.03, entitled "Certification," of Rule 13, entitled "Legal Assistance by Law Students," and in lieu thereof adoption of a new subdivision (a)(1) of subdivision 13.03, entitled "Certification."

(3) Repeal of subdivision (d) of subdivision 15.05, entitled "Continuing Legal Education Requirements," of Rule 15, entitled "Continuing Legal Education," and in lieu thereof adoption of a new subdivision (d) of subdivision 15.05, entitled "Continuing Legal Education Requirements."

(4)  Approval of fee schedule.

ORDER

1.  It is ordered that effective July 1, 2005, subdivision 8.01(a), subdivisions (a), (d), and (e) of subdivision 8.06, subdivisions (b) and (c) of subdivision 8.07, subdivision 8.08(b), Regulation 7 to subdivision 8.08, subdivision 8.10(a), Regulations 1 and 3 to subdivision 8.10, subdivision 8.105(a)(2), the Regulation to subdivision 8.105, subdivision 8.11(d), and subdivisions (a) and (d) of subdivision 8.12 be and the same are hereby repealed and a new subdivision 8.01(a), new subdivisions (a), (d), and (e) of subdivision 8.06, new subdivisions (b) and (c) of subdivision 8.07, a new subdivision 8.08(b), a new Regulation 7 to subdivision 8.08, a new subdivision 8.10(a), new Regulations 1 and 3 to subdivision 8.10, a new subdivision 8.105(a)(2), a new subdivision 8.11(d), and new subdivisions (a) and (d) of subdivision 8.12 be of Rule 8, entitled "Admission to the Bar," and in lieu thereof adoption of a new subdivision (a) of subdivision 8.01, entitled "The Board of Law Examiners," new subdivisions (a), (d), and (e) of subdivision 8.06, entitled "Temporary Practice by Lawyers Applying for Admission to The Missouri Bar," new subdivisions (b) and (c) of subdivision 8.07, entitled "Application for Bar Examination," new subdivision (b) of subdivision 8.08, entitled "The Bar Examination," a new Regulation 7 to subdivision 8.08, a new subdivision (a) to subdivision 8.10, entitled "Admission Without Examination," new Regulations 1 and 3 to subdivision 8.10, new subdivision (a)(2) of subdivision 8.105, entitled "Limited Admission for In-House Counsel," new subdivision (d) of subdivision 8.11, entitled "Approval of Applications," and new subdivisions (a) and (d) of subdivision 8.12 adopted in lieu thereof to read as follows:

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 six years.  The term of at least one member will expire each year on October 15.

 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. 

The Court may appoint an executive director of the board who shall serve at the pleasure of the Court. 

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.

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 Missouri bar examination 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;

(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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(d) Upon approval by this Court, the applicant shall be issued a certificate to practice law in this state temporarily.  The certificate shall be valid for 12 months from the date it is issued.  No person shall be permitted to practice temporarily pursuant to this Rule 8.06 for more than 12 months.

(e) The certificate shall be revoked immediately without further action by the Court if the applicant:

(1) Fails the bar examination;

(2) Fails to take the bar examination when eligible to do so;

(3) Is denied permission to take the bar examination or is denied approval by the board on character and fitness grounds;

(4) Is denied admission without examination or limited admission as in-house counsel and is not permitted to take the bar examination in lieu thereof; or

(5) No longer meets the qualifications prescribed in Rule 8.06(a).



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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 15 for the July examination and on or before the prior October 15 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 15 for the July examination and on or before the prior October 15 for the February examination in order to be timely filed.

The prescribed fee, which is nonrefundable, shall accompany the application.

(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 postmarked or received no later than May 31 for the July examination or December 31 for the February examination.  An application not postmarked or received 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.



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8.08  THE BAR EXAMINATION



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(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 prescribed in Rule 8.08(a) or the applicant’s bar examination results shall be void.



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Regulations of Board of Law Examiners


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7.  In determining whether to certify an applicant as passing the Missouri bar examination, the board shall only accept the applicant's scaled score on the MBE taken in another jurisdiction and transferred to Missouri if:

(a) The applicant has not previously failed the Missouri bar examination;

(b) The score was attained in an examination administered within the 19 months immediately preceding the date of the Missouri examination; and

(c) The applicant passed the entire bar examination in one administration in the transferring jurisdiction.

It is the applicant's responsibility to ensure that the transferring jurisdiction has certified the applicant's MBE score to the clerk of this Court by July 1 for a July examination and by February 1 for a February examination.  If the transferred MBE score is not timely certified, the applicant may be required to sit for both days of the Missouri examination.

An applicant is allowed to utilize a transferred MBE score and sit for only the essay portion of the Missouri bar examination 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 shall be weighted and combined as described in Regulation 4 under this Rule 8.08.



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8.10  ADMISSION WITHOUT EXAMINATION

(a) A lawyer who has been admitted to the practice of law in another state or territory of the United States or the District of Columbia may be admitted in this state without examination provided the lawyer:

(1) Is licensed as an active member of the bar in at least one jurisdiction that permits mutuality of admission without examination to Missouri lawyers; and

(2) Has for five of the 10 years immediately preceding the date upon which the application is filed:

(A) Been lawfully engaged in the full-time practice of law in states or territories of the United States or the District of Columbia where the lawyer was licensed to practice; 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; and,

(3) Was 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;

(4) Has filed such application forms as prescribed by the board and paid the prescribed fee, which is non-refundable;

(5) Submits, within 90 days after the date of written notification that the applicant’s character and fitness has been approved, proof of compliance with Rule 15.05(d); and 

(6) Receives the approval of the board.



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Regulations of Board of Law Examiners


1.  One of the factors the board may consider under Rule 8.10(c) is whether the applicant has ever failed the Missouri bar examination.



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3.   The board may exercise discretion to consider practice that occurred more than ten years prior to the date upon which the application is filed.

8.105   LIMITED ADMISSION FOR IN-HOUSE COUNSEL

(a) A lawyer admitted to the practice of law in another state or territory of the United States or the District of Columbia may receive a limited license to practice law in this state if the lawyer:

(1) Is employed 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) Was 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;

(3) Has filed such application forms as prescribed by the board and paid the prescribed fee, which is non-refundable; and

(4) Receives the approval of the board.



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8.11 APPROVAL OF APPLICATIONS



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(d) If the investigation as to character and fitness 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 is it evidence in support of any application.  However, the board shall withhold release of the applicant’s successful bar examination results until the board has approved the applicant’s character and fitness.  If the applicant is denied admission, the applicant’s successful bar examination results shall be void.  The board may release the applicant’s failing bar examination results and allow the applicant to reapply for the bar examination while the board’s investigation is pending.



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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 have a hearing by the board by serving a written request upon the executive director of the board within 15 days after notice of refusal has been mailed to the applicant by the board, first-class postage prepaid, addressed as provided in the application.  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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 (d) After the hearing provided for in Rule 8.12(a), an aggrieved party 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.  Eight copies shall be filed with the executive director of the board within 15 days after the board's order or ruling has been mailed 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.

2.  It is ordered that effective July 1, 2005, subdivision 13.03(a)(1) of Rule 13 be and the same is hereby repealed and a new subdivision 13.03(a)(1) adopted in lieu thereof to read as follows:

13.03 CERTIFICATION

(a) The certification of a student by the law school dean:

(1) Shall be filed with the clerk of this Court and, unless it is sooner withdrawn, it shall remain in effect until the expiration of 21 months after it is filed or until the announcement of the results of the first bar examination following the student’s graduation, whichever is earlier.  For any student who passes that examination, the certification shall continue in effect until the date he or she is admitted to the bar.



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3.  It is ordered that effective July 1, 2005, subdivision 15.05(d) of Rule 15 be and the same is hereby repealed and a new subdivision 15.05(d) adopted in lieu thereof to read as follows:
15.05  CONTINUING LEGAL EDUCATION REQUIREMENTS

(d) A person seeking admission under Rule 8.10 shall, prior to being issued a license, attend The Missouri Bar annual law update program or a continuing legal education program accredited as provided in this Rule 15 that has intellectual and practical content substantially equivalent to The Missouri Bar annual law update program.  Attendance shall be no earlier than 12 months prior to the date the application for admission under Rule 8.10 is filed.  The person shall report the completion of this requirement to the board of law examiners as the board shall specify.



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4.  It is ordered that effective July 1, 2005, the fee schedule submitted by the board of law examiners and attached to this order as an appendix is approved and may be published by the board.

5.  It is ordered that notice of this order, excluding the appendix, be published in the Journal of The Missouri Bar.

6.  It is ordered that this order, excluding the appendix, be published in the South Western Reporter.

Day - to - Day

_____________________
RONNIE L. WHITE
Chief Justice
A. APPLYING TO TAKE THE BAR EXAM AND CONCURRENTLY SUBMITTING AN APPLICATION FOR CHARACTER AND FITNESS REPORT:

Follow this section of the Fee Schedule if you have not previously submitted an Application for Character and Fitness Report OR if you submitted an Application for Character and Fitness Report more than 60 months ago and are required by Rule 8.05(d) to submit a new and complete Application for Character and Fitness Report.

$800 postmarked or received on or before March 15 or October 15
$925 postmarked or received on or before April 15 or November 15
$1050 postmarked or received on or before May 15 or December 15
$1250 postmarked or received on or before May 31 or December 31

B. APPLYING TO TAKE THE BAR EXAM AND PREVIOUSLY SUBMITTED AN APPLICATION FOR CHARACTER AND FITNESS REPORT MORE THAN 36 MONTHS BUT LESS THAN 60 MONTHS AGO AND ARE REQUIRED BY RULE 8.05(d) TO SUBMIT A NEW AND COMPLETE APPLICATION FOR CHARACTER AND FITNESS REPORT:

$475 postmarked or received on or before March 15 or October 15
$525 postmarked or received on or before April 15 or November 15
$575 postmarked or received on or before May 15 or December 15
$675 postmarked or received on or before May 31 or December 31

C. APPLYING  TO TAKE THE BAR EXAM AND PREVIOUSLY SUBMITTED AN APPLICATION FOR CHARACTER AND FITNESS REPORT OR AN APPLICATION FOR LAW STUDENT REGISTRATION WITHIN THE PAST 36 MONTHS:

$375 postmarked or received on or before March 15 or October 15
$400 postmarked or received on or before April 15 or November 15
$425 postmarked or received on or before May 15 or December 15
$475 postmarked or received on or before May 31 or December 31

D. APPLYING TO RETAKE THE BAR EXAM:

Follow this section of the Fee Schedule only if you failed the most recent exam and are filing to retake the next scheduled exam.  All other retake applicants should follow either section A, B or C above.
1. If you submitted an Application for Character and Fitness Report within the past 36 months:


$375 postmarked or received on or before May 15 or October 15
$400 postmarked or received on or before May 31 or November 15
$425 postmarked or received on or before December 15 (for February exam only)
$475 postmarked or received on or before December 31 (for February exam only)

2. If more than 36 months have passed since you submitted a complete Application for Character and Fitness Report:


$475 postmarked or received on or before May 15 or October 15
$525 postmarked or received on or before May 31 or November 15
$575 postmarked or received on or before December 15 (for February exam only)
$675 postmarked or received on or before December 31 (for February exam only)

E. DISBARRED ATTORNEY TAKING THE BAR EXAM TO SEEK REINSTATEMENT PURSUANT TO RULE 5.28(c):

Submit only an Application for Bar Examination.  You do not have to submit an Application for Character and Fitness Report.  Follow section C above to determine fee.

F. LAW STUDENTS SEEKING AN EARLY CHARACTER AND FITNESS DETERMINATION PURSUANT TO RULE 8.05(c):

Follow this section of the Fee Schedule if you currently are 1L or 2L student and are submitting an Application for Character and Fitness Report to seek an early determination prior to beginning your last year of law school.

$200 postmarked or received by the first October 1 after you began law school
$250 postmarked or received by the first April 1 after you began law school
$300 postmarked or received by the first July 1 after you began law school
$375 postmarked or received by the second October 1 after you began law school

$425 postmarked or received after the second October 1 after you began law school but prior to the start of your last year in law school.

G. APPLYING FOR ADMISSION WITHOUT EXAMINATION UNDER RULE 8.10:

You must submit an Application for Admission under Rule 8.10 and an Application for Character and Fitness Report concurrently. The fee is $800.

H. APPLYING FOR LIMITED ADMISSION AS IN-HOUSE COUNSEL UNDER RULE 8.105:

You must submit an Application for Limited Admission under Rule 8.105 and an Application for Character and Fitness Report concurrently.  The fee is $800.

I. APPLYING FOR A CERTIFICATE TO SUPERVISE UNDER RULE 13.06:

You must submit an Application for Certificate to Supervise under Rule 13.06 and an Application for Character and Fitness Report concurrently.  The fee is $650.

J. APPLYING AS A FOREIGN LEGAL CONSULTANT UNDER RULE 9.06:

You must submit an Application for Certification as a Foreign Legal Consultant under Rule 9.06 and an Application for Character and Fitness Report concurrently.  The fee is $850.

K. LAW STUDENT APPLYING FOR RULE 13 CERTIFICATION:

If you have filed an Application for Character and Fitness Report, there is no fee to apply for Rule 13 certification.  If you have not filed an Application for Character and Fitness Report, the Rule 13 fee is $50.

L. POSTPONEMENT FEE UNDER REGULATION 3 TO RULE 8.07:

The date that written notice of postponement is postmarked or received by our office determines the amount of any postponement fee, according to the following schedule:

$0 30 days or more before the start of the exam applied for
$25 29 - 15 days before the start of the exam applied for
$50 14 - 7 days before the start of the exam applied for
$75 less than 7 days before the start of the exam applied for

M. REQUEST FOR DETERMINATION OF EDUCATIONAL EQUIVALENCY WHEN LEGAL EDUCATION WAS OUTSIDE THE U.S. AND SEEKING PERMISSION PURSUANT TO REGULATION 4 TO RULE 8.07 TO APPLY TO TAKE THE BAR EXAM FOR THE FIRST TIME:

Applicants whose first law degree was obtained outside the United States, whether or not a subsequent law degree was conferred by an ABA approved law school, must pay a separate nonrefundable fee of $150 in addition to the applicable fee in section A above.