Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision 8.05, entitled "Application for Character and Fitness Report," of Rule 8, entitled "Admission to the Bar," and in lieu thereof adoption of a new subdivision 8.05, entitled "Application for Character and Fitness Report."

(2) Approval of Regulation 4 to subdivision 8.07, entitled "Application for Bar Examination," and Regulation 7 to subdivision 8.08, entitled "The Bar Examination," of Rule 8, entitled "Admission to the Bar."


1.  It is ordered that effective February 1, 2004, subdivision 8.05 of Rule 8 be and the same is hereby repealed and a new subdivision 8.05 adopted in lieu thereof to read as follows:

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 to take the Missouri bar examination 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 accredited by the American Bar Association but prior to the student’s last year of law school.  Law students in their last year of 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 shall be required to file a new and complete application for character and fitness report, and pay the prescribed fee, if more than 36 months have expired since the date the application initially was filed and the applicant has not been continuously enrolled in law school.

2. It is ordered that effective February 1, 2004, Regulation 4 to subdivision 8.07 and Regulation 7 to subdivision 8.08 of Rule 8 be and the same are hereby approved as amended.  As approved the regulations shall read as follows:

8.07  APPLICATION FOR BAR EXAMINATION


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Regulations of Board of Law Examiners

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4.  A person who fails to meet the requirement of Rule 8.07(c) because that person’s legal education was received outside the United States may request permission to take the bar examination by furnishing satisfactory evidence that the person’s legal education is equivalent to that of a graduate of a law school approved by the American Bar Association.  Such request shall be in such form as the board prescribes and shall be accompanied by a completed application and the prescribed fee.  In addition to the prescribed application filing fee, a non-refundable fee may be imposed for evaluation of educational equivalency.

8.08  THE BAR EXAMINATION

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 within the 19 months immediately preceding the date of the Missouri examination;
(c) The applicant passed the entire bar examination in one administration in the transferring jurisdiction; and
(d) The applicant has been admitted and is licensed to practice law 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.

3.  It is ordered that effective February 1, 2004, 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.

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

5.  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 FOR THE FIRST TIME 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.

$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 RECEIVED on or before June 15 or January 15

B. APPLYING TO TAKE THE BAR EXAM FOR THE FIRST TIME AND PREVIOUSLY SUBMITTED AN APPLICATION FOR CHARACTER AND FITNESS REPORT MORE THAN 36 MONTHS BUT LESS THAN 60 MONTHS AGO:

$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 RECEIVED on or before June 15 or January 15

C. APPLYING  TO TAKE THE BAR EXAM FOR THE FIRST TIME AND PREVIOUSLY SUBMITTED AN APPLICATION FOR CHARACTER AND FITNESS REPORT 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 RECEIVED on or before June 15 or January 15

D. APPLYING TO RETAKE THE BAR EXAM:

Follow this section of the Fee Schedule if you failed the most recent exam and are filing to retake the next scheduled exam.  Otherwise, follow either section A, B or C above depending on when you submitted an Application for Character and Fitness Report.

$375 postmarked or received on or before May 15 or November 15
$425 postmarked or received on or before June 1 or December 15
$475 RECEIVED on or before June 15 or January 15

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 enrolled in a J.D. program at an ABA approved law school, intend to apply to take the Missouri bar exam upon graduation, and are submitting only an Application for Character and Fitness Report to seek an early determination.  Students who have begun their last year of law school and have not previously submitted an Application for Character and Fitness Report, must submit that Application concurrently with their Application for Bar Examination in accordance with dates and fees in section A above.

$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 8.08 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 non-refundable fee of $150 in addition to the applicable fee in section A above.