Bill Text: NY A10886 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits discrimination against participants in certain temporary authorization to practice law programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-24 - referred to judiciary [A10886 Detail]
Download: New_York-2019-A10886-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10886 IN ASSEMBLY July 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weprin) -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to prohibiting discrimi- nation against participants in certain temporary authorization to practice law programs; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 478 of the judiciary law, as amended by chapter 22 2 of the laws of 2013, is amended to read as follows: 3 § 478. Practicing or appearing as attorney-at-law without being admit- 4 ted and registered. 1. It shall be unlawful for any natural person to 5 practice or appear as an attorney-at-law or as an attorney and counse- 6 lor-at-law for a person other than himself or herself in a court of 7 record in this state, or to furnish attorneys or counsel or an attorney 8 and counsel to render legal services, or to hold himself or herself out 9 to the public as being entitled to practice law as aforesaid, or in any 10 other manner, or to assume to be an attorney or counselor-at-law, or to 11 assume, use, or advertise the title of lawyer, or attorney and counse- 12 lor-at-law, or attorney-at-law or counselor-at-law, or attorney, or 13 counselor, or attorney and counselor, or equivalent terms in any 14 language, in such manner as to convey the impression that he or she is a 15 legal practitioner of law or in any manner to advertise that he or she 16 either alone or together with any other persons or person has, owns, 17 conducts or maintains a law office or law and collection office, or 18 office of any kind for the practice of law, without having first been 19 duly and regularly licensed and admitted to practice law in the courts 20 of record of this state, and without having taken the constitutional 21 oath. Provided, however, that nothing in this section shall be held to 22 apply (1) to officers of societies for the prevention of cruelty to 23 animals, duly appointed, when exercising the special powers conferred 24 upon such corporations under section fourteen hundred three of the not- 25 for-profit corporation law; or (2) to law students who have completed at 26 least two semesters of law school or persons who have graduated from a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16964-01-0A. 10886 2 1 law school, who have taken the examination for admittance to practice 2 law in the courts of record in the state immediately available after 3 graduation from law school, or the examination immediately available 4 after being notified by the board of law examiners that they failed to 5 pass said exam, and who have not been notified by the board of law exam- 6 iners that they have failed to pass two such examinations, acting under 7 the supervision of a legal aid organization when such students and 8 persons are acting under a program approved by the appellate division of 9 the supreme court of the department in which the principal office of 10 such organization is located and specifying the extent to which such 11 students and persons may engage in activities otherwise prohibited by 12 this statute; or (3) to law students who have completed at least two 13 semesters of law school, or to persons who have graduated from a law 14 school approved pursuant to the rules of the court of appeals for the 15 admission of attorneys and counselors-at-law and who have taken the 16 examination for admission to practice as an attorney and counselor-at- 17 law immediately available after graduation from law school or the exam- 18 ination immediately available after being notified by the board of law 19 examiners that they failed to pass said exam, and who have not been 20 notified by the board of law examiners that they have failed to pass two 21 such examinations, when such students or persons are acting under the 22 supervision of the state or a subdivision thereof or of any officer or 23 agency of the state or a subdivision thereof, pursuant to a program 24 approved by the appellate division of the supreme court of the depart- 25 ment within which such activities are taking place and specifying the 26 extent to which they may engage in activities otherwise prohibited by 27 this statute and those powers of the supervising governmental entity or 28 officer in connection with which they may engage in such activities; or 29 (4) an attorney and counselor-at-law or the equivalent who is admitted 30 to the bar in another state, territory, district or foreign country and 31 who has been admitted to practice pro hac vice in the state of New York 32 within the limitations prescribed in the rules of the court of appeals; 33 or (5) an attorney licensed as a legal consultant under rules adopted by 34 the court of appeals pursuant to subdivision six of section fifty-three 35 of this chapter and rendering legal services in the state within limita- 36 tions prescribed in such rules. 37 2. It shall be an unlawful discriminatory practice for an employer to 38 discriminate in any way against an individual, because of such individ- 39 ual's participation in a program designed to provide temporary authori- 40 zation for qualified law graduates to engage in the limited practice of 41 law pursuant to a practice order promulgated by an appellate division 42 department to alleviate the hardship on bar applicants during the 43 declared state of emergency relating to the novel coronavirus (COVID- 44 19). 45 § 2. This act shall take effect immediately and shall expire and be 46 deemed repealed on the same date as the expiration of the declared state 47 of emergency relating to the novel coronavirus (COVID-19); provided, 48 that the chief judge of the court of appeals shall notify the legisla- 49 tive bill drafting commission upon the occurrence of the expiration of 50 the state disaster emergency declared by executive order number 202 and 51 any further amendments or modifications, and as may be further extended 52 pursuant to section 28 of the executive law, in order that the commis- 53 sion may maintain an accurate and timely effective data base of the 54 official text of the laws of the state of New York in furtherance of 55 effectuating the provisions of section 44 of the legislative law and 56 section 70-b of the public officers law.
