Attorney is intent on revisions to bar admission

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Attorney Christopher L. Wiesmueller doesn’t want Wisconsin to terminate its diploma privilege for graduates of the state’s two accredited law schools.

In fact, he loves it. He simply wants to extend it to aspiring attorneys who don’t come from Marquette University or the University Wisconsin law schools.

Wiesmueller, a graduate of Oklahoma City University Law School, is seeking revisions to the methods by which an out-of-state graduate can practice law in Wisconsin.

“A lot of people see this as an attack on the diploma privilege and that’s not the way I view it,” said Wiesmueller. “Frankly, it’s an attack on the bar exam.”

In a federal law suit against the Wisconsin Board of Bar Examiners (BBE) and the state Supreme Court, he contends that the diploma privilege, which is only offered in Wisconsin, discriminates against graduates purely on a geographic basis and that graduates from law schools outside of the state should be given the same opportunity to practice without the rigors of a bar exam.

“Why a school just outside the border can’t join in the diploma privilege, seems to me to discriminate against interstate commerce,” said Wiesmueller. “To say you can’t participate just on the basis of where you are located seems unfair to me.”

Wiesmueller took and passed the Wisconsin Bar in 2007 and has practiced at Kuchler and Cotton Law Offices in Waukesha since November.

Twice Dismissed

The suit, Wiesmueller v. Kosobucki, No. 07-211, has been dismissed twice, most recently by Western District Court Judge Barbara B. Crabb on June 18.

Last year, District Court Judge John C. Shabaz dismissed the case and ruled that the issue of class certification was moot. But Wiesmueller appealed the issue to the 7th U.S. Circuit Court of Appeals and Judge Richard Posner reversed the lower court on the point of class certification.

Crabb, like her judicial colleagues in the past, did not rule on the merits of whether or not the imposition of a bar exam infringes on interstate commerce. Although she dismissed Wiesmueller’s case, she did grant class status for another case involving his wife and another out-of-state law student.

In her ruling, Crabb said anyone who applies to practice law in Wisconsin within 30 days of graduating from a law school outside the state can join the lawsuit.

“It’s going to be a cyclical thing where something like 200 people could filter through each year,” said Wiesmueller, who indicated that out-of-state graduates intent on taking the bar exam in Wisconsin first will qualify for the class.

Wiesmueller said he plans to appeal the case to the 7th Circuit Court of Appeals and represent his wife, Corrine and fellow Oklahoma City University Law School graduate, Heather Devan.

Since his wife and Devan are not yet licensed to practice anywhere, Wiesmueller hopes the court will address the merits of the case. Wiesmueller was already a member of the Wisconsin Bar at the time of the other dismissals.

Wiesmueller said he filed appeal papers during the week of June 23.

Wisconsin Department of Justice spokesman Kevin St. John said the organization will continue to represent the interests of the BBE and the Supreme Court.

“It’s pretty straightforward in that the DOJ will continue to advocate for the diploma privilege in its current form,” said St. John.

When told that Wiesmueller is not seeking an end to the diploma privilege, just a modification, St. John said that does not alter the stance of the DOJ.

“It doesn’t change my comment,” said St. John. “We believe the way that Wisconsin does things is constitutional and we will continue to advance that position before the federal court.”

Expensive and Long

Although Wiesmueller passed the bar on his first try, he felt the process was unnecessarily tedious, compared to that of applying for the diploma privilege.

According to the BBE exam application, the two-day exam costs $450 and consists of a six-hour multiple choice Multistate Bar Examination (MBE) and eight 45-minute Wisconsin essay questions. A total score of 258 is required for passage.

Application costs for the diploma privilege are around $200 and graduates are admitted at two swearing in ceremonies approximately two weeks to one month after graduation.

Wiesmueller said he took the bar exam in July 2007 and did not get admitted until October.

“If the exam was four hours on a Saturday afternoon and offered 12 times a year, it would be no problem,” said Wiesmueller. “But it’s a two-day exam, plus one day of registration offered only twice a year, so it can be a big delay when you finally get admitted.”

BBE Director John Kosobucki declined to comment on the lawsuit directly, but said it takes about five to six weeks to process the exams and notify the applicants and then another few weeks to schedule admission.

“It depends on the individual applicant and the extent of his or her file,” said Kosobucki.

“Those whose files are complete can be sworn in at the group ceremonies on the dates set by the Clerk’s Office, which is usually two-to-three weeks after exam results are mailed.”

SCR 40.09(2) sets the deadline for admission for successful bar exam applicants at one year after certification by the Board.

While Wiesmueller conceded that admission time in Wisconsin after taking the exam is similar to that of other states, he insisted that Wisconsin has the opportunity to be a leader in revising the admissions process.

“The state Supreme Court said that they don’t see the bar exam as necessary if you graduate from [Wisconsin’s] two law schools,” said Wiesmueller. “That being the case, I don’t see why the exam should be necessary in its current form if you graduate from any other ABA accredited law school.”