Bill Text: NY A11339 | 2009-2010 | 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 1-0)

Status: (Introduced - Dead) 2010-06-03 - referred to judiciary [A11339 Detail]

Download: New_York-2009-A11339-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         11339
                                 I N  A S S E M B L Y
                                     June 3, 2010
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
         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 HAS SUCCESSFULLY PASSED
   21  THE BAR EXAMINATION OF ANOTHER STATE, HAS BEEN ADMITTED TO  PRACTICE  IN
   22  ANOTHER  STATE, AND WHO HAS RECEIVED A JURIS DOCTORATE DEGREE FROM A LAW
   23  SCHOOL WHICH IS ACCREDITED BY A NATIONAL ACCREDITING  AGENCY  RECOGNIZED
   24  BY  THE  UNITED  STATES DEPARTMENT OF EDUCATION WHOSE SCOPE OF AUTHORITY
   25  INCLUDES FIRST PROFESSIONAL DEGREES IN LAW AND WHICH LAW  SCHOOL  QUALI-
   26  FIES  FOR  PARTICIPATION IN THE FEDERAL STUDENT LOAN PROGRAM UNDER TITLE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD17559-01-0
       A. 11339                            2
    1  IV OF THE FEDERAL HIGHER EDUCATION ACT OF NINETEEN  HUNDRED  SIXTY-FIVE,
    2  AS AMENDED.
    3    S 2. The court of appeals shall promulgate rules necessary to effectu-
    4  ate the provisions of this act.
    5    S 3. This act shall take effect on the one hundred eightieth day after
    6  it shall have become a law; provided, that section two of this act shall
    7  take effect immediately.