Bill Text: NY A04275 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the rule-making power of the court of appeals as to admission of attorneys and counsellors.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A04275 Detail]

Download: New_York-2017-A04275-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4275
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by  M. of A. SIMOTAS, QUART -- read once and referred to the
          Committee on Judiciary
        AN ACT to amend the judiciary law, in relation to the rule-making  power
          of  the  New  York state court of appeals as to admission of attorneys
          and counsellors
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  3  of  section  53  of the judiciary law, as
     2  amended by chapter 450 of the laws  of  1994,  is  amended  to  read  as
     3  follows:
     4    3.  (a) The court shall prescribe rules providing for a uniform system
     5  of examination of candidates for admission to practice as attorneys  and
     6  counsellors,  which shall govern the state board of law examiners in the
     7  performance of its duties. The court shall not by its rules cause to  be
     8  barred  from  examination or, upon successful completion of the examina-
     9  tion process, subsequent admission to the state bar, provided he or  she
    10  shall  otherwise  meet any requirements for admission, any person who is
    11  currently admitted to practice in the jurisdiction of another state  and
    12  has  received  a degree from a law school which qualifies such person to
    13  practice law in such state, other than a law school which grants  credit
    14  for  correspondence  courses, provided that such person has been engaged
    15  in the actual practice of law in the state in which  they  are  admitted
    16  for no less than five years.
    17    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    18  sion, the court shall not by its rules cause to be barred from  examina-
    19  tion,  or  upon successful completion of the examination process, subse-
    20  quent admission to the state bar, any person who: (i)  has  successfully
    21  passed  the  bar examination of another state, (ii) has been admitted to
    22  practice and be in good standing in another state, (iii) has received  a
    23  juris  doctorate  degree  from  a  law  school  which is accredited by a
    24  regional or national accrediting agency recognized by the United  States
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04211-01-7
        A. 4275                             2
     1  department  of education whose scope of authority includes first profes-
     2  sional degrees in law and which law school qualifies  for  participation
     3  in the federal student loan program under Title IV of the federal higher
     4  education  act  of nineteen hundred sixty-five, as amended, and (iv) has
     5  completed an externship in New York under the direction and  supervision
     6  of  an  attorney admitted to practice law in the state, of not less than
     7  one calendar year, documented by log or other mechanism which the  court
     8  shall  establish, by rule, consistent with the provisions of this subdi-
     9  vision.
    10    § 2. The court of appeals shall promulgate rules necessary to effectu-
    11  ate the provisions of this act.
    12    § 3. This act shall take effect immediately;  provided,  that  section
    13  one of this act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.