SCR 40.075

(1) Eligibility. An applicant whose record shows conduct that may

otherwise warrant denial may consent to be admitted subject to certain terms

and conditions set forth in a conditional admission agreement. Only an

applicant whose record of conduct demonstrates documented ongoing

recovery and an ability to meet the competence and character and fitness

requirements set forth in SCR 40.02 may be considered for conditional

admission.

(2) Conditions. The board may impose any reasonable conditions

upon an applicant that will address the applicant's individual circumstances

and the board's concern regarding the performance of essential

responsibilities to a client or the public, including but not limited to any of

the following:

(a) Professional medical, psychological or other treatment.

(b) Prohibiting or limiting the use of alcohol or other drugs.

(c) Random alcohol or other drug testing.

(d) Supervision.

(e) Periodic reporting by the applicant.

(f) Financial, business, or law office management counseling or

supervision including inspection of records.

(g) Any other condition tailored to meet the circumstances of the

applicant.

(3) Written agreement; Non-acceptance; Hearing. The terms of a

conditional bar admission shall be incorporated in a written agreement

signed by the applicant and approved by the board. If the applicant does not

accept conditional bar admission, the board shall decide whether to certify

or deny unconditional bar admission and advise the applicant of its decision.

Prior to issuing its final decision, the board shall notify the applicant of its

intent to deny unconditional admission. Within 30 days of receiving the

board's notice of intent to deny unconditional admission, the applicant may

challenge the determination by filing a written request for a hearing

pursuant to SCR 40.08.

(4) Monitoring. If supervision is to be a condition of the conditional

admission agreement, the board may designate itself, the state bar of

Wisconsin, an appropriate person, a state bar lawyer assistance program or

any combination thereof, as the supervising party. The board and the

supervising party may exchange relevant information about the applicant as

set forth in the conditional admission agreement.

(5) Costs. All costs of conditional bar admission, including

monitoring, shall be borne by the applicant.

(6) Duration of Conditional Admission.

(a) The initial period of conditional bar admission may be up to 60

months. At the end of that period, conditional admission may be extended

by the board in writing for good cause, but not to exceed one additional

year. At the end of the initial period of conditional bar admission, or any

extension thereof, the board shall either permit the conditional admission

agreement to expire and certify the applicant for unconditional admission or

advise the applicant in writing that it will issue an intent to deny admission

letter. In the event of the issuance of an intent to deny letter, the provisions

of SCR 40.08 shall apply.

(b) The board shall review an applicant's conditional admission

annually.

(c) The board may consider early release from conditional admission.

(7) Failure. A conditionally admitted lawyer’s license to practice law

is expressly conditioned upon compliance with the terms of the conditional

admission agreement. If the board determines that a conditionally admitted

lawyer has failed to fulfill the terms of a conditional admission agreement

the board may modify, extend or revoke the conditional admission

agreement, or take such other action as may be appropriate, including

notice to the office of lawyer regulation.

(7m) Revocation of conditional admission agreement. Upon the

board’s decision to revoke a conditional admission agreement, the board

shall file a motion with the supreme court requesting the court to order the

conditionally admitted lawyer to show cause why his or her license to

practice law should not be revoked for failure to fulfill the terms of the

conditional admission agreement. The conditionally admitted lawyer may

file a response to the motion within 20 days after the filing of the board’s

motion. The court may decide the matter on written submissions without a

hearing. The court may, in its discretion, refer the matter to a referee.

(8) Grievance. Notwithstanding sub. (6), when a grievance is filed

with the office of lawyer regulation against a conditionally admitted

applicant, the board may extend the conditional admission until disposition

of the grievance and any resulting complaint and appeal.

(9) Confidentiality. The fact that an individual is conditionally

admitted and the terms of the conditional admission agreement shall be

confidential and shall not be disclosed, except to the office of lawyer

regulation or in any of the following circumstances:

(a) With the express consent of the person conditionally admitted.

(b) When required as a condition for monitoring as set forth in the

conditional admission agreement.

(c) When reasonably necessary to prevent death or substantial bodily

harm to the person conditionally admitted or to another.

(d) When reasonably necessary to prevent child abuse or elder abuse.

(e) When reporting is mandated by other law.

(f) When disclosure is ordered by the court.

(g) If the applicant applies for admission to practice law in another

jurisdiction, the applicant shall disclose the entry of any conditional

admission agreement to the admission authority of that jurisdiction.

(h) When the court issues an order revoking a conditionally admitted

lawyer for failure to fulfill the terms of a conditional admission agreement.

(10) Notice to the office of lawyer regulation. The board shall notify

the office of lawyer regulation when a conditional admission agreement is

approved, modified, extended, revoked, or expires. The board and the

office of lawyer regulation may exchange relevant information regarding a

conditionally admitted applicant.

(11) Immunity. The director, staff, members of the board, and

persons designated by the board to monitor compliance with conditional

admission agreements or with conditions imposed on the applicant shall be

immune from suit for any conduct in the course of their official duties.

(12) Reinstatement. A conditionally admitted lawyer whose license to

practice law is revoked for failure to fulfill the terms of a conditional

admission may file a petition under SCR 22.29.