Supreme Court Orders
The Wisconsin Supreme Court has ordered a public hearing on Oct. 21
regarding these petition subjects: law school graduation
requirement for Bar admission on examination; and the
expunction of court records.
Expunction of Court Records
In the Matter of the Amendment of Supreme Court Rules: (Proposed)
Chapter 74 - Expunction of Court Records
Order 97-07
On May 30, 1997, the Supreme Court's Records Management Committee
filed a petition seeking the creation of a rule to provide that when a
statute or court order requires that a court record be expunged, the
clerk of the court shall remove any paper index and nonfinancial court
record, place it in the case file and seal the case file. In the case of
automated records, the clerk of court is to electronically remove any
automated nonfinancial record, except the case number. The proposed rule
would further provide that destruction of expunged court records be in
accordance with the provisions of SCR Chapter 72.
IT IS ORDERED that a public hearing on the petition shall be held in
the Supreme Court Room in the State Capitol, Madison, Wis., on Oct. 21,
1997, at 1:30 p.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by a single
publication of a copy of this order and of the petition in the official
state newspaper and in an official publication of the State Bar of
Wisconsin not more than 60 days nor less than 30 days before the date of
the hearing.
Dated at Madison, Wis., this 15th day of July, 1997.
By the court:
Marilyn L. Graves,
Clerk of Court
Bar Admission on Examination
In the Matter of the Amendment of Supreme Court Rules: SCR 40.04(1)
- Law School Graduation Requirement for Bar Admission on
Examination
Order 97-09
On Feb. 14, 1997, the Massachusetts School of Law (MSL) filed
petitions with the court and with the Board of Bar Examiners (Board)
seeking a waiver for its graduates under SCR 40.10 of the requirement in
SCR 40.04(1) that an applicant for bar admission attempting to satisfy
the legal competence requirement by bar examination has been awarded a
first professional degree in law from a law school that is approved by
the American Bar Association at the time of the applicant's graduation.
MSL asserted that it has not been approved by the American Bar
Association.
In that proceeding, Case No. 97-0484-BA, the Board denied the
petition for waiver, stating that, while one of its functions is to
review the applications of individuals seeking bar admission and certify
to this court those individuals who meet the requirements set forth in
the bar admission rules, SCR chapter 40, it is not the Board's function
to review and certify curricula and programs of law schools that are not
approved by the American Bar Association. On April 25, 1997, MSL filed a
petition seeking review of the Board's denial of its petition for waiver
and, pursuant to the court's orders, the Board filed a response and MSL
filed a reply.
Based on the matters set forth in the petition for waiver filed with
the court and with the Board, the petition for review of the Board's
adverse decision, and the briefs of the parties, the issue presented for
determination is not whether a waiver of the bar admission requirement
of graduation from an ABA-approved law school to write the Wisconsin bar
examination should be granted to any and all graduates of MSL; rather,
it is whether that bar admission rule should be amended to permit
graduates of a non-ABA-approved law school - MSL and, perhaps, others -
to satisfy the legal competence requirement for bar admission by writing
successfully the Wisconsin bar examination. Accordingly, the court deems
MSL's petition for waiver to constitute a petition for the amendment of
SCR 40.04(1) as follows:
(1) An applicant who has been awarded a first professional degree in
law from a law school that is fully or provisionally approved by the
American Bar Association or from the Massachusetts School of Law
at the time of the applicant's graduation shall satisfy the legal
competence requirement by presenting to the clerk certification of the
board that the applicant has passed an examination administered by the
board covering all or part of the subject matter areas of law specified
in SCR 40.03(2)(a).
It is appropriate, then, that the petition for review be dismissed,
MSL's original petition be filed as a request for rule amendment, and a
public hearing be held on the petition to afford interested persons to
present their views, in person or in writing.
IT IS ORDERED that the petition for review in Case No. 97-0484-BA is
dismissed and the petition filed by the Massachusetts School of Law on
Feb. 14, 1997, is docketed as rule amendment petition No. 97-09.
IT IS FURTHER ORDERED that a public hearing on the petition shall be
held in the Supreme Court Room in the State Capitol, Madison, Wis., on
Oct. 21, 1997, at 1:30 p.m.
IT IS FURTHER ORDERED that the court's conference in the matter shall
be held promptly following the public hearing.
IT IS FURTHER ORDERED that notice of the hearing be given by a single
publication of a copy of this order and of the petition in the official
state newspaper and in an official publication of the State Bar of
Wisconsin not more than 60 days nor less than 30 days before the date of
the hearing.
Dated at Madison, Wis., this 15th day of July, 1997.
By the court:
Marilyn L. Graves,
Clerk of Court
Wisconsin Lawyer
