Diploma privilege
Encyclopedia
In the United States
, the diploma privilege is a method for lawyers to be admitted to the bar
without taking a bar examination
. Once used by as many as 32 U.S. state
s and the District of Columbia, Wisconsin
is currently the only state that offers a broad diploma privilege for admission to its state bar. New Hampshire
has offered diploma privilege to a limited number of students in a special practice-based program at the state's only law school since 2008. Originally used as a method to foster the growth of formal legal education
, the privilege started to fall into disuse early in the 20th century, in common with the tightening of requirements in other learned professions. The privilege was abolished in California
in 1917. Most recently, West Virginia
did away with the privilege in 1988, preceded by Montana
and South Dakota
in 1983 and Mississippi
in 1981.
In 25 states, attorneys who were initially admitted to practice by another state's diploma privilege are eligible for admission to the state bar on motion of the admission committee.
-accredited law schools in the state (Marquette University Law School
and the University of Wisconsin Law School
) may seek admission to the State Bar of Wisconsin without having to sit for a bar examination.
The diploma privilege in Wisconsin dates to 1870, when it was passed as part of the same legislation that established the University of Wisconsin Law School
. At that time a law department was established in the State University and a course of study under able instructors was prescribed for students in the law department. The 1870 law provided that graduates of this department should be entitled to admission to the bar upon their certificate of graduation
— that is, their law degree
. It was offered to encourage future lawyers to get a formal legal education instead of simply "reading law
," which was the typical legal training of the time. This has ever since been known as "diploma privilege."
Graduates of out-of-state law schools, even if they are Wisconsin residents, must still take the Wisconsin bar exam to be admitted in Wisconsin. Likewise, graduates of Wisconsin law schools must take the bar exam in many other states in which they are going to practice. A number of U.S. states do not grant reciprocal admission for attorneys who obtained their bar admission through the diploma privilege, requiring those attorneys to take that state's bar exam, regardless of the length of that attorney's practice.
In Wiesmueller v. Kosubucki, a class action
lawsuit
certified in the United States District Court for the Western District of Wisconsin
in June 2008, the petitioners assert that the Wisconsin diploma privilege discriminates against interstate commerce in violation of the U.S. Constitution's
Commerce Clause
because it affords a diploma privilege in lieu of a bar examination only to lawyers graduating from Wisconsin's law schools. The suit sought injunctive relief
to expand the privilege to all applicants to the Wisconsin Bar who obtain a law degree from any school accredited by the American Bar Association. The district court subsequently dismissed the case for failure to state a cause of action.
On July 9, 2009, the Seventh Circuit reversed the district court's dismissal of the case, saying "we find ourselves in an evidentiary vacuum created by the early termination of the case," and remanded the case to the district court. The Seventh Circuit opinion.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the diploma privilege is a method for lawyers to be admitted to the bar
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
without taking a bar examination
Bar examination
A bar examination is an examination conducted at regular intervals to determine whether a candidate is qualified to practice law in a given jurisdiction.-Brazil:...
. Once used by as many as 32 U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s and the District of Columbia, Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
is currently the only state that offers a broad diploma privilege for admission to its state bar. New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
has offered diploma privilege to a limited number of students in a special practice-based program at the state's only law school since 2008. Originally used as a method to foster the growth of formal legal education
Legal education
Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business...
, the privilege started to fall into disuse early in the 20th century, in common with the tightening of requirements in other learned professions. The privilege was abolished in California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
in 1917. Most recently, West Virginia
West Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
did away with the privilege in 1988, preceded by Montana
Montana
Montana is a state in the Western United States. The western third of Montana contains numerous mountain ranges. Smaller, "island ranges" are found in the central third of the state, for a total of 77 named ranges of the Rocky Mountains. This geographical fact is reflected in the state's name,...
and South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
in 1983 and Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...
in 1981.
In 25 states, attorneys who were initially admitted to practice by another state's diploma privilege are eligible for admission to the state bar on motion of the admission committee.
Diploma privilege in Wisconsin
In Wisconsin, graduates of the two American Bar AssociationAmerican Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
-accredited law schools in the state (Marquette University Law School
Marquette University Law School
Marquette University Law School is the professional school for the study of law at Marquette University in Milwaukee, Wisconsin, and one of only two law schools in Wisconsin. With 45 full-time professors and approximately 760 J.D. students, the law school is ranked in the top tier among American...
and the University of Wisconsin Law School
University of Wisconsin Law School
The University of Wisconsin Law School is the professional school for the study of law at the University of Wisconsin–Madison in Madison, Wisconsin. The law school was founded in 1868.-Facilities:...
) may seek admission to the State Bar of Wisconsin without having to sit for a bar examination.
The diploma privilege in Wisconsin dates to 1870, when it was passed as part of the same legislation that established the University of Wisconsin Law School
University of Wisconsin Law School
The University of Wisconsin Law School is the professional school for the study of law at the University of Wisconsin–Madison in Madison, Wisconsin. The law school was founded in 1868.-Facilities:...
. At that time a law department was established in the State University and a course of study under able instructors was prescribed for students in the law department. The 1870 law provided that graduates of this department should be entitled to admission to the bar upon their certificate of graduation
Graduation
Graduation is the action of receiving or conferring an academic degree or the ceremony that is sometimes associated, where students become Graduates. Before the graduation, candidates are referred to as Graduands. The date of graduation is often called degree day. The graduation itself is also...
— that is, their law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
. It was offered to encourage future lawyers to get a formal legal education instead of simply "reading law
Reading law
Reading law is the method by which persons in common law countries, particularly the United States, entered the legal profession before the advent of law schools. This usage specifically refers to a means of entering the profession . A small number of U.S...
," which was the typical legal training of the time. This has ever since been known as "diploma privilege."
Graduates of out-of-state law schools, even if they are Wisconsin residents, must still take the Wisconsin bar exam to be admitted in Wisconsin. Likewise, graduates of Wisconsin law schools must take the bar exam in many other states in which they are going to practice. A number of U.S. states do not grant reciprocal admission for attorneys who obtained their bar admission through the diploma privilege, requiring those attorneys to take that state's bar exam, regardless of the length of that attorney's practice.
In Wiesmueller v. Kosubucki, a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
certified in the United States District Court for the Western District of Wisconsin
United States District Court for the Western District of Wisconsin
The U.S. District Court for the Western District of Wisconsin sits in Madison at the Robert W. Kastenmeier United States Courthouse. It has two district judges and one full-time magistrate judge. The clerk of the court is a part-time magistrate judge...
in June 2008, the petitioners assert that the Wisconsin diploma privilege discriminates against interstate commerce in violation of the U.S. Constitution's
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
Commerce Clause
Commerce Clause
The Commerce Clause is an enumerated power listed in the United States Constitution . The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to...
because it affords a diploma privilege in lieu of a bar examination only to lawyers graduating from Wisconsin's law schools. The suit sought injunctive relief
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
to expand the privilege to all applicants to the Wisconsin Bar who obtain a law degree from any school accredited by the American Bar Association. The district court subsequently dismissed the case for failure to state a cause of action.
On July 9, 2009, the Seventh Circuit reversed the district court's dismissal of the case, saying "we find ourselves in an evidentiary vacuum created by the early termination of the case," and remanded the case to the district court. The Seventh Circuit opinion.
External links
- Letter from Wisconsin Chief Justice Shirley S. Abrahamson to the ABAAmerican Bar AssociationThe American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
Center for Professional Responsibility - Some opinions about the diploma privilege from the Wisconsin Lawyer magazine…
- ...and some more.
- The Daniel Webster Scholar Honors Program at the University of New Hampshire School of Law (formerly Franklin Pierce Law Center), whose graduates receive diploma privilege in New Hampshire