Wisconsin Lawyer
Vol. 84, No. 9, September 2011

• The BBE will hold a public hearing Sept. 23 regarding changes to SCR Chapters 31 and 40.

BBE Notice of Hearing on Rule Changes

A hearing to consider proposed revisions to SCR Chapter 31 Appendix and SCR Chapter 40 Appendix will be held at the regular meeting of the Board of Bar Examiners on Friday, Sept. 23, 2011, at 10 a.m., on the Garden Level of the Tenney Building located at 110 E. Main St., Madison, Wis.

PROPOSED REVISIONS TO SCR CHAPTER 31 APPENDIX:

CLE 5.03 is created to read:

Grading the essay portion of the Wisconsin bar exam may be used to satisfy the requirements of SCR 31.02, up to a maximum of six (6) credits per examination administration. No legal ethics and professional responsibility credits shall be awarded for grading the essay portion of the Wisconsin bar exam.

CLE 8.06 is created to read:

Program sponsors shall maintain a list of lawyers in attendance for a minimum of four (4) years. Attendance lists may be kept in hardcopy or stored in a retrievable electronic format.

PROPOSED REVISIONS TO SCR CHAPTER 40 APPENDIX:

BA 16.03 is amended to read:

The Board may shall grant a hearing to any applicant who has received a notice under SCR 40.08 (1).

BA 16.065 is created to read:

Hearing. An applicant who has timely requested a hearing under SCR 40.08 (2) shall have the right to appear in person and with counsel, to make an opening statement, to call, examine, and cross-examine witnesses, and to introduce evidence into the record.

BA 16.18 is amended to read:

If the determination is adverse to the applicant, the Board Chair or the Chair’s designee shall within thirty sixty days, incorporate the Board’s determination in a written decision, which shall include findings of fact and conclusions of law, and shall promptly circulate the decision among all members of the Board. After the decision is circulated, dissenting board members shall have twenty-one days in which to transmit written dissents to the director.

BA 16.20 is repealed and recreated to read:

Reconsideration. Within thirty days after transmission of the Board’s decision, the applicant may file a petition for reconsideration, which shall be granted only on the basis of some material error of law, some material error of fact, or the discovery of new evidence sufficiently strong to reverse the adverse determination. The Board shall rule on the petition by majority vote no later than at its next regularly scheduled meeting following the filing of the petition, either by denying the petition or by granting the petition on a schedule which it shall then specify.

Review by board. An applicant may seek review of an adverse determination by filing a written request with the board within 30 days of the mailing of the adverse determination. A request for review shall be granted only on the basis of a material error of law or fact, or the discovery of new evidence sufficiently strong to reverse the adverse determination. The board shall notify the applicant of its determination by mailing a copy to the applicant at the last address furnished by the applicant in writing to the board. The board’s decision shall contain a statement identifying the date of mailing.

Wisconsin Lawyer