California Legislature—2013–14 Regular Session

Assembly BillNo. 296


Introduced by Assembly Member Wagner

February 11, 2013


An act to amend Section 6062 of the Business and Professions Code, relating to attorneys.

LEGISLATIVE COUNSEL’S DIGEST

AB 296, as introduced, Wagner. Attorneys.

Existing law, the State Bar Act, regulates attorneys and the practice of law in the state. Existing law requires, among other requirements, that an individual who has been admitted to practice law in a sister state, United States jurisdiction, possession, territory, or dependency the United States may acquire, pass the general bar examination, or Attorneys’ Examination, as specified, to be certified to the Supreme Court for admission, and a license to practice law. Existing law requires an individual who has been admitted to practice law in a jurisdiction other than a sister state, United States jurisdiction, possession, or territory, to have passed the general bar examination, as specified, among other requirements.

This bill would authorize an individual who has been an active member in good standing of the bar of a sister state or United States jurisdiction, possession, or territory and who is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in the state, as specified, to apply to receive a provisional license to practice law in the state without first taking the State Bar examination. This bill would provide that the provisional license confers all the same rights, benefits, duties, and responsibilities to practice law as a regular license so long as the active member of the Armed Forces is assigned to a duty station in the state or until the provisional licenseholder passes the Attorneys’ Examination. This bill would require an applicant to meet various filing requirements in order to be eligible for the grant of that provisional license.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6062 of the Business and Professions
2Code
is amended to read:

3

6062.  

(a) To be certified to the Supreme Court for admission,
4and a license to practice law, a person who has been admitted to
5practice law in a sister state, United States jurisdiction, possession,
6territory, or dependency the United States may hereafter acquirebegin insert,end insert
7 shall:

8(1) Be of the age of at least 18 years.

9(2) Be of good moral character.

10(3) Have passed the general bar examination given by the
11examining committee. However, if that person has been an active
12member in good standing of the bar of the admitting sister state
13or United States jurisdiction, possession, or territory for at least
14four years immediately preceding the first day of the examination
15applied for, he or she may elect to take the Attorneys’ Examination
16rather than the general bar examination. Attorneys admitted less
17than four years and attorneys admitted four years or more in another
18jurisdiction but who have not been active members in good
19standing of their admitting jurisdiction for at least four years
20immediately preceding the first day of the examination applied for
21must take the general bar examination administered to general
22applicants not admitted as attorneys in other jurisdictions.

23(4) Have passed an examination in professional responsibility
24or legal ethics as the examining committee may prescribe.

begin insert

25(b) (1) An individual who has been an active member in good
26standing of the bar of an admitting sister state of United States
27jurisdiction, possession, or territory who is married to, or in a
28domestic partnership or other legal union with, an active duty
29member of the Armed Forces of the United States who is assigned
30to a duty station in California under official active duty military
P3    1orders, may apply to receive a provisional license to practice law
2in California, which shall confer all of the same rights, benefits,
3duties, and responsibilities as a license to practice law in
4California. A provisional license to practice law shall be granted
5to an applicant that meets the following requirements:

end insert
begin insert

6(A) Supplies evidence satisfactory to the State Bar of California
7that he or she is married to, or in a domestic partnership or other
8legal union with, an active duty member of the Armed Forces of
9the United States who is assigned to a duty station in California
10under official active duty military orders.

end insert
begin insert

11(B) Holds a current license to practice law in another state,
12district, or territory of the United States.

end insert
begin insert

13(C) Establishes that he or she is not currently subject to lawyer
14 discipline or the subject of a pending disciplinary matter in any
15jurisdiction.

end insert
begin insert

16(D) Pays annual bar membership dues.

end insert
begin insert

17(E) Complies with all ethical, legal, and continuing legal
18education obligations.

end insert
begin insert

19(2) The provisional license shall be valid until the active duty
20member of the Armed Forces is no longer assigned a duty station
21in California under official active duty military orders or until the
22provisional licenseholder has passed the Attorneys’ Examination.

end insert
begin delete

23(b)

end delete

24begin insert(c)end insert To be certified to the Supreme Court for admission, and a
25license to practice law, a person who has been admitted to practice
26law in a jurisdiction other than in a sister state, United States
27jurisdiction, possession, or territory shall:

28(1) Be of the age of at least 18 years.

29(2) Be of good moral character.

30(3) Have passed the general bar examination given by the
31examining committee.

32(4)  Have passed an examination in professional responsibility
33or legal ethics as the examining committee may prescribe.

begin delete

34(c)

end delete

35begin insert(d)end insert The amendments to this section made at the 1997-98 Regular
36Session of the Legislature shall be applicable on and after January
371, 1997, and do not constitute a change in, but are declaratory of,
38existing law.



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