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Outline

State Bar of Michigan Character and Fitness Department PowerPoint Presentation Prepared for Michigan Law Schools, October 2008

State Bar of Michigan Character and Fitness Department Representatives:     Keith Wilkinson, Investigator

State Bar of Michigan Character and Fitness Department Representatives:     Chere Becker, File Analyst     Toni Peterson, File Analyst

Authority In Michigan, the Michigan Supreme Court has exclusive authority over the regulation of lawyers and the practice of law. This authority includes adopting rules for admission to the State Bar of Michigan.

Authority Two entities have been designated to assist the Supreme Court by processing the bar exam applications: The State Bar of Michigan’s Standing Committee on Character and Fitness; and, the State Board of Law Examiners (BLE).

Roles: Board of Law Examiners Determines Eligibility to Sit Administers Bar Exam Grades the Exam Issues Certified Bar Exam Results Retains Record of Exam Results Ultimate Determination of Character & Fitness

Roles: State Bar of Michigan Standing Committee on Character & Fitness

FOR ADDITIONAL INFORMATION Please see the State Bar of Michigan Standing Committee Rules of Procedure, and Rule 15, Section 1, Supreme Court Rules Concerning the State Bar of Michigan.

Applicant’s Burden All applicants for admission to the Michigan Bar, must prove by clear and convincing evidence, that they possess the  current good moral character and fitness to practice law.

Character and Fitness The Character and Fitness Department consists of 2 File Analysts, 2 Investigators, 1 Manager and 1 Administrative Assistant.

Staff Duties Character & Fitness Department Collection, analysis and verification of information from Bar Applicants and third parties, including, but not limited to:

February 2009 Exam Tuesday, February 24   &      Wednesday, February 25 Kellogg Center, MSU campus,                             East Lansing, MI

Application Tips File as early as possible. Respond to requests for information in a timely manner. Do not rush when completing the application. Review the instructions. Call with questions, 517-367-6510.

Application Deadlines Completed application must be postmarked no later than November 1st

Application Deadlines *FINAL DEADLINE!*

Late Fees  All applications postmarked from November 2 to December 15 must include an additional $200 in fees!

BLE Late Application Policy Filing deadlines are strictly enforced. The Board of Law Examiners will only accept applications for examination that are complete in all respects by the late application deadline (December 15 for the February exam and May 15 for the July exam).  This includes having the correct form of payment. The Board of Law Examiners will accept only money orders, cashier’s checks, or certified checks.   Continued to next slide

BLE Late Application Policy Applications not meeting this requirement will be rejected and additional time to correct the defect beyond the late application deadline will not be granted. If the correct form of payment is not postmarked by the late application deadline, YOU WILL NOT BE ALLOWED TO TAKE THE BAR EXAMINATION.

What You Need by Deadline

Affidavit of Personal History (APH) Please answer all questions on the APH. Commonly skipped questions are: #4, #5, #16, #16a, #20, #21, #57 part 2 If  a question does not apply to you, answer N/A (not applicable).

Application Fees The fees included with your application are as follows: Examination Fee Payable to State of Michigan $340.00 (after November 1, $440.00) Investigation Fee Payable to State Bar of Michigan $225.00 (after November 1, $325.00)

Fingerprint Scanning IBT is authorized by the Michigan State Police to scan fingerprints

Fingerprint Scanning Receipt

Submission Hint

APH – Educational History For your law school, indicate the degree earned (JD, LLM, LLB, etc.), or the expected degree and the date you received/expect to receive the degree. Provide all dates of attendance in month/year format

APH - Residence History (F-4) You must provide, to the best of your ability, complete physical addresses (no P.O. Box numbers) for your residences from the age of 16. Please put in reverse chronological order, beginning with your current residence, in month/year format.

APH – Employment History (F-5) You must provide, to the best of your ability, your employment history since high school graduation. Please provide the local address where you worked, do not provide headquarter addresses. Please put in reverse chronological order, beginning with your current employer, in month/year format.

Third Party Information The following information is requested, by the Applicant, from third parties The information is forwarded to the Character & Fitness Department directly by the third party, or in some instances, by the Applicant.

Driving Records and Criminal History Requests Request a driving record and criminal history from each state in which you lived, worked, attended school or vacationed, for a period of two consecutive weeks or longer, including those states that you regularly traveled between (minimum of 14 days out of 30 consecutive days), within the ten years preceding the filing date of this application.

Driving and Criminal Clearance Records Application Forms: F-8, F-9 and  F-10. Not all Applicants will need to use these forms.  They are provided for your convenience. Criminal clearances must be processed with fingerprints when the jurisdiction allows. See the state repository listings on the SBM website for address and fee information. Please follow the instructions for the individual agency.

Foreign Country Criminal History and Driving Records Affidavits of Criminal History (F-9) are accepted for all foreign countries except Canada. Criminal history reports must be requested from Canada, when applicable. Driving records from foreign countries, other than the province of Ontario, Canada, are not required.

Law School Certifications (F-11) This form is used to request that your law school(s) send two letters:

Reference Letters (F-12) Applicants distribute these forms to their five references.  Upon completion, the original letters are to be returned to the Character & Fitness Department by the reference, or the Applicant.

Submission Hint Because you may not hear from us for several weeks, for your peace of mind… …send your application via certified mail or include a stamped self-addressed envelope or postcard.  We will date stamp the postcard or envelope and return it to you.

Status Letters A “snapshot” report of which processing items are still outstanding. Applicant’s should follow up with third parties on missing items and communicate, to the Character & Fitness Department, the result of their inquiry. No response from the Applicant may result in the closing of the file.

During the Application Process Provide all information requested by State Bar staff. Give complete answers and explanations: Residence History; Employment History; Criminal incidents. Take requests for information seriously, call our office for clarification if needed.

Affidavit of Personal History Updates/Changes Applicants have a continuing obligation update their Affidavit of Personal History, until the date of admission to the State Bar of Michigan. Immediately notify Character & Fitness, should any of the information provided on the Affidavit of Personal History cease to be true, including your address of record. Submit all changes in writing.

Change of Address Please inform C&F in writing by mail or e-mail. All official communication will be sent to your current address. Do not rely on a post office change of address card.

Notification of Character & Fitness Recommendation After all information/facts are collected, a determination of current Character & Fitness is made. Issued by the C&F Department Manager. C&F approval is NOT required to take the Michigan bar exam for the first time. C&F approval IS required to get certified bar exam results.

Re-Exams Generally, an Affidavit of Personal History, is good for 3 years from the exam date for which you originally applied. A new APH is required if the application is over 3 years old (fees apply).

BLE Information Exam Information, Admissions Ticket

BLE Information Special Accommodations Request Call the Board of Law Examiners. Deadlines apply. 517-373-4453

BLE Information Multistate Professional Responsibility Exam (MPRE) Applicants do NOT need to have taken the MPRE prior to taking the Bar exam for the first time.  A certified, passing score is, however, required to receive certified bar exam results.

BLE Information BLE determines whether to accept the transfer of Multistate Bar Exam scores from other jurisdictions. After the bar exam, the BLE, not the National Conference of Bar Examiners (NCBE), transfers of MBE scores to other jurisdictions.

BLE Information Send a written request to transfer, with the $100 fee, to the Board of Law Examiners.

Character and Fitness Investigation Process The Michigan Board of Law Examiners administers the Bar Exam and makes the ultimate decision in Character and Fitness matters. The majority of bar applications received are administratively approved.

FOR ADDITIONAL INFORMATION Please see the State Bar of Michigan Standing Committee Rules of Procedure, and Rule 15, Section 1, Supreme Court Rules Concerning the State Bar of Michigan.

Type of conduct examined include, but not limited to:

Conduct Examination Factors

Conduct Examination Please see the State Bar of Michigan Standing Committee Rules of Procedure, Section E.

Candor Due to the ethical standards to which lawyers are held, the failure to fully disclose all required information reflects negatively on an applicant’s current character and fitness and will compound the consequences of undisclosed incidents.

Credit Reports A credit report is run on every applicant. You can obtain a free copy of your own credit report from each of the three credit bureaus, annually, by visiting:        www.annualcreditreport.com

District Committee Proceedings A small percentage [around 5%] of all applications received are referred to a District Character and Fitness Committee for an interview. A majority of those referred to an interview ultimately receive Character and Fitness approval.

District Committee Proceedings The applicant receives notice of the interview and the issues to be discussed. Panel of 3 to 5 attorneys. An informal proceeding. At the conclusion of the interview a report is issued for consideration by the Standing Committee on Character and Fitness. The recommendation of the District Committee is not binding upon the Standing Committee.

District Committee Proceedings

Standing Committee Proceedings Applicants who receive an unfavorable recommendation at the District Committee level may request a Standing Committee hearing. The Standing Committee may also request a hearing regarding an applicant.

Standing Committee Proceedings On average the Standing Committee will have 30 hearings every year regarding applications for admission to the Bar. It is a formal hearing process: Sworn testimony; State Bar Counsel. Panel of three to five attorneys.

Standing Committee Proceedings A recommendation is presented to the Board of Law Examiners at the conclusion of the Standing Committee hearing. If the outcome is unfavorable to the applicant they may request a hearing before the Board of Law Examiners. The Board may also request a formal hearing. A small percentage of applicants are denied on Character and Fitness grounds.

Standing Committee Proceedings

Contact Information www.michbar.org Click on admissions, ethics and regulation Keith Wilkinson (517) 346-6360 kwilkinson@mail.michbar.org

Contact Information www.michbar.org Click on admissions, ethics and regulation Toni Peterson (Last Names A-K) (517) 346-6349  tpeterson@mail.michbar.org Chere’ Becker (Last Names L-Z) (517) 346-6382  cbecker@mail.michbar.org

Contact Information www.michbar.org Click on admissions, ethics and regulation General questions and clearance forms requests, email: cfquestionsforms@mail.michbar.org