Relates to the study of law in certain non American Bar Association approved law schools to be eligible to sit for the New York state bar exam, so long as they meet all other requirements established pursuant to 22 NYCRR Part 520.03.
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.
STATE OF NEW YORK ________________________________________________________________________ 2440 2011-2012 Regular Sessions IN 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