Relates to the rule-making power of the New York state court of appeals as to admission of attorneys and counsellors.
STATE OF NEW YORK ________________________________________________________________________ 2103 2011-2012 Regular Sessions IN ASSEMBLY January 13, 2011 ___________Introduced by 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: Section 1. Subdivision 3 of section 53 of the judiciary law, as amended by chapter 450 of the laws of 1994, is amended to read as follows: 3. (A) The court shall prescribe rules providing for a uniform system of examination of candidates for admission to practice as attorneys and counsellors, which shall govern the state board of law examiners in the performance of its duties. The court shall not by its rules cause to be barred from examination or, upon successful completion of the examina- tion process, subsequent admission to the state bar, provided he or she shall otherwise meet any requirements for admission, any person who is currently admitted to practice in the jurisdiction of another state and has received a degree from a law school which qualifies such person to practice law in such state, other than a law school which grants credit for correspondence courses, provided that such person has been engaged in the actual practice of law in the state in which they are admitted for no less than five years. (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- SION, THE COURT SHALL NOT BY ITS RULES CAUSE TO BE BARRED FROM EXAMINA- TION, OR UPON SUCCESSFUL COMPLETION OF THE EXAMINATION PROCESS, SUBSE- QUENT ADMISSION TO THE STATE BAR, ANY PERSON WHO HAS SUCCESSFULLY PASSED THE BAR EXAMINATION OF ANOTHER STATE, HAS BEEN ADMITTED TO PRACTICE IN ANOTHER STATE, AND WHO HAS RECEIVED A JURIS DOCTORATE DEGREE FROM A LAW SCHOOL WHICH IS ACCREDITED BY A NATIONAL ACCREDITING AGENCY RECOGNIZED BY THE UNITED STATES DEPARTMENT OF EDUCATION WHOSE SCOPE OF AUTHORITYEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06941-01-1 A. 2103 2
INCLUDES FIRST PROFESSIONAL DEGREES IN LAW AND WHICH LAW SCHOOL QUALI- FIES FOR PARTICIPATION IN THE FEDERAL STUDENT LOAN PROGRAM UNDER TITLE IV OF THE FEDERAL HIGHER EDUCATION ACT OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED. S 2. The court of appeals shall promulgate rules necessary to effectu- ate the provisions of this act. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, that section two of this act shall take effect immediately.