S2440-2011 Actions

• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Jan 21, 2011: REFERRED TO HIGHER EDUCATION

S2440-2011 Memo

BILL NUMBER:S2440

TITLE OF BILL:
An act
relating to the study of law in certain law schools to be eligible to
sit for the New York state bar exam

PURPOSE:
To allow graduates of Massachusetts School
of Law (MSL) to
take the New York State Bar Examination immediately following
graduation. To deem the MSL as an approved law school.

SUMMARY OF PROVISIONS:
Section 1: deems the Massachusetts School of Law as an approved law
school, even if it has not been approved by the American Bar
Association, so long as the school has met all the other requirements
established by 22 NYCRR Part 520.03.

EXISTING LAW:
Currently, to sit for the New York State bar exam, one must graduate
from an accredited law school or have worked in another state for 5
years after being duly admitted to that state's bar.

JUSTIFICATION:
This legislation would allow graduates of the Massachusetts School of
Law (MSL) to take the New York State Bar Examination immediately
after graduation instead of waiting five years after employment in
Massachusetts. Currently, New York State Law does not permit an
individual who graduated from a non-accredited law school to sit for
the New York State Bar Exam, unless they have been admitted in
another state and worked there for five years. In one particular
instance, in the Senator's district, an individual, who passed the
Massachusetts's bar exam after graduation, has worked for a New York
State law firm for the past five years, is unable to sit for the New
York State bar examination because he was employed in New York and
not Massachusetts where he was admitted. Therefore, the Court of
Appeals has ruled that his experience of five years employment is not
sufficient.

Thus, this bill is necessary to insure that all qualified applicants
are given the chance to sit for the New York State bar. The
legislation does not guarantee admission, rather it only provides equal
opportunity for all law school graduates who have met the academic
requirements of graduation but have not attended an accredited law
school.

LEGISLATIVE HISTORY:
S.1791 of 2010 - Referred to Higher Education

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
Immediately.

S2440-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2440
 2011-2012 Regular Sessions
 I N  SENATE
 January 21, 2011
 
 Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Higher Education
 

AN ACT relating to the study of law in certain law schools to be  eligi
 ble to sit for the New York state bar exam
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Notwithstanding any other provision of law to the contrary,
 the Massachusetts school of law shall be deemed an approved law  school,
 as  defined in 22 NYCRR Part 520.03, even if they have not been approved
 by the American Bar Association, if they have met all other requirements
 established pursuant to 22 NYCRR Part 520.03.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08285-01-1

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