Would you trust the skills of a surgeon who took his boards 10 times before passing?
Neither would I, nor would I want to enlist the services of an attorney who had to take the Wisconsin bar exam 10 times.
But the state Supreme Court with a 5-2 vote has tentatively approved a plan that would eliminate limits on how many times someone could try to pass it. Court staff is drafting potential changes that would allow unlimited attempts to pass the bar exam.
As Supreme Court Rule 40.04 stands now, graduates of law schools from out side Wisconsin are guaranteed three opportunities to pass. After that, they can ask the Board of Bar Examiners for additional opportunities, but the criteria upon which the BBE makes its decisions are not clearly defined.
During a public hearing last week, BBE Director John Kosobucki told the justices that petitioners must present a study plan that they will complete prior to taking the bar exam again. The plan must be overseen by a licensed attorney.
On Nov. 7, the state’s high court considered a petition from Arnold A. Moncada Jr., a Thomas Cooley Law School (Lansing, Mich.) graduate who has made five unsuccessful attempts to pass the Wisconsin bar exam. Audio of that public hearing for Petition 07-04 is available here. Moncada said that 31 states allow unlimited attempts to pass the exam. He also noted that some other professions within Wisconsin allow unlimited opportunities to pass their licensing examinations.
I understand wanting to level the playing field with Wisconsin law school graduates who receive diploma privilege. However, the solution is not to eliminate the safeguards we have in place to protect the public. Questions regarding the appropriateness of diploma privilege should be considered separately.
It would make sense to establish firm guidelines for the BBE to use when determining whether to allow candidates to take the bar exam a fourth time, so that each person is treated equitably. However, the absence of those guidelines does not warrant opening the door to taking the bar exam an unlimited number of times.
5 Comments on This Article
1
I sat for the WI bar three times and did not pass. I was raising six children (one handicapped) and could not afford a prep course, not even for the MBE. I scrapped together the money for the exam though and used old multistate books that did not even apply to WI. Ill prepared was I but that was the best I could do, and I failed each time.
I sat for the MI bar within one year of the WI bar. I was fortunate enought to attended a multi-state prep course which my brother paid for on my behalf. I made the most of my own notes for the essay portion. I was working at the time, full time in construction, and took one week off to study for the bar exam, which I passed the first time. .
I believe I can pass the WI exam with no more difficulty than I faced when I took and passed the MI exam. My problem was with the Multistate, which I was able to conquer with a prep course. However, I may not get the opportunity again to take the WI bar again. All I needed was better materials with which to study. I can afford them now. Obviously, not every one who fails the WI bar exam is struggling to support a large family, which demonstrates that there are various and valid reasons for retaking a bar exam more than three times. Did I need to go to another state to pass on the 4th try? Probably not.
Comment Bylaw777 Monday, January 26, 2009 at 9:01 PM
2
As a Marquette graduate, I take great offense at the notion that the diploma privelege is anachronistic and fraudulent. I recall having to learn all of my substantive courses 3 ways; federal; model; and Wisconsin. Most of the advanced workshop courses were focused almost exclusively on Wisconsin law. After 4 1/2 years of practice, I can tell you the diploma privilege is certainly earned and worthwhile. I know lawyers who graduated in the middle of their class from a Wisconsin school that know infinitely more about Wisconsin law than some east coast ivory tower graduate. Comment ByCato Thursday, December 6, 2007 at 9:38 AM
3
You're all kidding, right? Of course you shouldn't be able to fail 10 times. And yet a majority of licensed lawyers in the state didn't pass ANY bar examination; they were admitted under the anachronism--some would say outright fraud--known as the diploma privilege. So you say we should automatically admit the poorest law student in the state on motion and without any exam--which we do every single year, incidentally--but bar the door to ANYbody who has to take the exam? Please. Let's talk first about making changes that really mean something. Comment ByReader Thursday, November 15, 2007 at 9:07 AM
4
Three times seems like more than enough. However, if unlimited test taking is allowed, it should be conditioned on obtaining a higher score every time. Comment ByNick Zales Wednesday, November 14, 2007 at 10:12 AM
5
I have to agree. In California (I'm a WI out-of-state attorney), we allow anyone to take the bar unlimited times and I believe the record is 46. That guy, since finally passing a few years ago, has already been disciplined twice by the stat bar and probably will be disbarred soon.
Taking the Cal bar two or three times before passing is not at all uncommon (with a 40% pass rate),but with all due respect to the Wisconsin BBE, the California bar is exponentially more difficult. If you have to take the Wisconsin bar more than twice, it really says something.
James Peters
http:www.calemployeerightsblog.com
Comment ByJames Peters Wednesday, November 14, 2007 at 9:20 AM
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