SCR 40.05. Legal competence requirement: Proof of practice

Legal competence requirement: Proof of practice.

(1) An applicant shall satisfy the legal competence requirement

by presenting to the clerk certification of the board that the applicant

has provided all of the following:

(a) Proof of admission to practice law by a court of last resort in

any other state or territory or the District of Columbia.

(b) Proof that the applicant has been substantially engaged in

the practice of law in a state or territory, the federal government, the

District of Columbia, or a federally recognized Indian tribe for 3 years

within the last 5 years prior to filing application for admission. A

lawyer may satisfy this requirement by proof of practice in more than a

single jurisdiction and under more than one provision of this rule.

(c) Repealed.

(1m) Repealed.

(2) Legal service as corporate counsel or legal service as a trust

officer, or lawfully before the courts or administrative agencies of a

state or territory, the federal government, the District of Columbia, or a

federally recognized Indian tribe, if conducted in compliance with the

rules where the applicant was admitted to practice law, is the practice

of law for the purposes of this section.

(2m) Legal service as corporate counsel in Wisconsin under

SCR 10.03(4)(f) is the practice of law for the purposes of sub. (1)(b).

Provided a timely registration is filed, all such service conducted prior

to filing the registration may be counted for purposes of sub. (1)(b).

(3) The following activities, whether or not conducted in a state

or territory, the federal government or the District of Columbia where

the applicant was admitted to practice law, may be deemed to be the

practice of law for the purposes of sub. (1)(b):

(a) Service as a judge of a court of record of the United States,

any state or territory or the District of Columbia.

(b) Legal service with any local or state government or with the

federal government.

itory, the federal government or the District of Columbia where

the applicant was admitted to practice law, may be deemed to be the

practice of law for the purposes of sub. (1)(b):

(a) Service as a judge of a court of record of the United States,

any state or territory or the District of Columbia.

(b) Legal service with any local or state government or with the

federal government.

(c) Legal service in the armed forces of the United States.

(d) Teaching in any law school approved by the American bar

association.

(e) Legal service in any federally recognized Indian tribe.

(f) Service as a judge for any federally recognized Indian tribe.

(4) An applicant who has failed the Wisconsin bar examination

shall not be eligible for admission on proof of practice elsewhere.

(6) Repealed.

COMMENT

Supreme Court Rule 40.05 was amended by S. Ct. Order 16-09, 2017 WI 88 (issued Sep. 27, 2017, eff. Sep. 27, 2017)

to broadly include, for purposes of this rule, legal practice associated with federally recognized Indian tribes. The

amendment encompasses and is not limited to: counsel employed by a federally recognized Indian tribe; and counsel

who are not necessarily employed by a tribe but represent tribal members, practice lawfully before tribal courts, or serve

as a judge for a federally recognized Indian tribe.