Supreme Court of Missouri
en banc

In re:

(1) Repeal of subdivision (a) of subdivision 8.01, entitled “The Board of Law Examiners;” subdivision 8.04, entitled “Registration of Law Students;” subdivision 8.05, entitled “Qualifications;” subdivision 8.06, entitled “Applications for Admission to the Bar with Examination;” subdivision 8.07, entitled “Approval of Applications;” and paragraph 2 of the Regulations of the Board of Law Examiners thereto; and paragraphs 1 and 18 of the Regulations of the Board of Law Examiners to subdivision 8.08, entitled “The Bar Examination,” of Supreme Court 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;” a new subdivision 8.04, entitled “Registration of Law Students;” a new subdivision 8.05, entitled “Qualifications;” a new subdivision 8.06, entitled “Applications for Admission to the Bar with Examination;” a new subdivision 8.07, entitled “Approval of Applications,” and a new paragraph 2 of the Regulations of the Board of Law Examiners thereto; and new paragraphs 1 and 18 of the Regulations of the Board of Law Examiners of subdivision 8.08, entitled “The Bar Examination.”

(2)  Approval of fee schedule.
1.  It is ordered that effective August 1, 2001, subdivisions 8.01(a), 8.04, 8.05, 8.06, and 8.07 and paragraph 2 of the Regulations of the Board of Law Examiners thereto, and paragraphs 1 and 18 of the Regulations of the Board of Law Examiners to subdivision 8.08 be and the same are hereby repealed and a new subdivision 8.01(a), a new subdivision 8.04, a new subdivision 8.05, a new subdivision 8.06, a new subdivision 8.07, and a new paragraph 2 of the Regulations of the Board of Law Examiners thereto, and new paragraphs 1 and 18 of the Regulations of the Board of Law Examiners to subdivision 8.08 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.  
Each member shall be appointed by this Court 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 secretary.  
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 registration, examination and admission fees.

8.04 REGISTRATION OF LAW STUDENTS

Applicants for registration as law students shall file with the clerk of this Court a written application in the form prescribed by the board.  
Each applicant shall be required to prove to the board that the applicant has completed at least three-fourths of the work acceptable for an undergraduate degree on the basis of a four-year period of study either at the state university, or a principal college or university in the state, or in colleges or universities of similar standing outside the state.  
Applications shall be filed not later than the first June 15 after a student has commenced the study of law. The applicant shall pay to the clerk of this Court the prescribed non- refundable registration fee.
For good cause shown in a particular case, the board may permit later registration upon written application specifically stating the just cause for delay.  If an application for late filing is made, the applicant shall pay the prescribed late filing fee.

8.05 QUALIFICATIONS

(a) Every applicant for registration as a law student, permission to take the bar examination, or admission to the bar of this state, in addition to all other qualifications, must be of good moral character and fit to practice law.  In addition, every applicant for permission to take the bar exam or for admission to the bar of this state must be at least eighteen years of age.
(b) Any person who has pleaded guilty or nolo contendere to or been found guilty, whether sentence is imposed or not, of:
(1) Any felony of this state, any other state, or the United States; or
(2) Any misdemeanor of this state, any other state, or the United States involving interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft or moral turpitude; or
(3) Any misdemeanor involving attempt, conspiracy or solicitation of another to commit any misdemeanor of this state, another state, or the United States described above,
is not eligible to register as a law student until two years after the date of successful completion of any sentence or period of probation as a result of the conviction, plea, or finding of guilt.  
Any such person also is not eligible to apply for permission to take the bar exam or admission to the bar of this state until five years after the date of successful completion of any sentence or period of probation as a result of the conviction, plea, or finding of guilt.
(c) Any application for registration as a law student, permission to take the bar examination, or admission to the bar from a person who has pleaded guilty or nolo contendere to or been found guilty as specified in Rule 8.05(b) shall show affirmatively, in addition to requirements of Rule 8.05(b) and the other requirements of the application, that:
(1) The cause has abated;
(2) Any person injured as a result of the conduct of the applicant has received restitution, the claims have been discharged by operation of law, or that the person has been notified at least ten days, but not more than ninety days, in advance of the filing of the application;
(3) All special conditions, if any, imposed have been accomplished; and
(4) The best interest of the public will be served if the applicant receives a license.
(d) A person who has been denied registration as a law student, permission to take the bar examination, or admission to the bar, except as provided by Rule 8.05(b), is not eligible to apply for registration as a law student, permission to take the bar examination, or admission to the bar for a period of five years from the date the board recommends denial of the application, unless the board or this Court on appeal specifies a shorter period.
(e) A person having a complaint pending before the licensing authority of any other state or territory or who has been suspended or disbarred from the practice of law by the licensing authority of any state or territory 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 stop the board from making an adverse determination as to character and fitness.

8.06 APPLICATIONS FOR ADMISSION TO THE BAR WITH EXAMINATION

(a) Every applicant for admission to the bar with examination shall file with the clerk of this Court a written application in the form prescribed by the board.  For the July examination, the application shall be filed on or before March 15.  For the February examination, the application shall be filed on or before the prior October 15.  The application shall be accompanied by the prescribed fee, which is not refundable.
(b) A person may request permission of this Court to file an application for admission to the bar with examination after the time for application has expired by filing with the clerk of this Court an application for late filing no later than April 15 for the July examination and no later than November 30 for the February examination.  
The application for late filing shall state the reasons for the late filing and shall be accompanied by the prescribed fee, which is not refundable.

8.07 APPROVAL OF APPLICATIONS

(b) In so doing, it may refer applications to any of the following: the National Conference of Bar Examiners, the chief disciplinary counsel, the advisory committee, any circuit bar committee, any investigatory personnel engaged by the board, or personnel of this Court's clerk's office.  Such entities shall report to the board, which may make such further investigation as it deems necessary to inform itself concerning the fitness of the applicant.  
The board may obtain independent evaluations, examinations, or advice from physicians or other professionals in cases involving questions of disabilities or of mental or emotional illness bearing upon an applicant's character and fitness or in cases involving bar examination testing or question accommodations.  If the independent evaluation, examination, or advice relates solely to appropriate testing accommodations or involves review of medical records or other written documents, the expense thereof shall be borne by the board.  An applicant shall bear the expense of personal examinations and testing not related to appropriate testing accommodations.


Regulations of the Board of Law Examiners

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2.  The fingerprints of the applicant shall accompany the application for examination or admission and shall be placed on a standard form provided by the board.  The fingerprints shall be taken on the form provided by the board and by a qualified law enforcement agency at some convenient place.


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8.08 THE BAR EXAMINATION


Regulations of Board of Law Examiners


1.  The bar examination is given for two days on both the last Tuesday and Wednesday of February and July.  
The first day of the examination shall be devoted to the examination given by the board.  
Part of this day may include questions prepared for the multistate essay examination and may cover all or some of the following subject areas: agency and partnership, corporations, conflicts of law, estates, family law, federal civil procedure, trusts and future interests, sales, commercial paper, and secured transactions.  
Part of this day may include questions on some or all of the following subject areas: administrative law, remedies, and Missouri civil procedure.  
In addition, this portion of the examination may contain questions on subjects available for the multi-state essay examination if the subject is not contained in the multistate essay examination questions used.


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18.  Reasonable accommodations, including additional time, will be made by the board 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 requesting accommodations shall file an application for testing accommodations at the time of filing an application for bar examination.
2.  It is ordered that effective August 1, 2001, 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.

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

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

Day - to - Day

__________________________
STEPHEN N. LI
MBAUGH, JR.Chief Justice