BILL NUMBER: AB 296 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2013
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 amended, Wagner. Attorneys.
Existing law, the State Bar Act, regulates attorneys and
the practice of law in the state. law, the State Bar
Act, provides for the licensure and regulation of attorneys by the
State Bar of California, a public corporation. 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 a
person 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 state. The 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. license, except as
provided. The bill would require an applicant for a provisional
license to meet certain requirements, including, among other things,
being at least 18 years of age and of good moral character and would
require the State Bar to expedite all moral character investigations
or proceedings for provisional license applicants. The bill would
require a provisional licenseholder, as a condition of provisional
licensure, to (1) take the first general bar examination or Attorneys'
Examination administered at least 90 calendar days after his or her
moral character determination application is submitted to the State
Bar, as specified, (2) associate with an active member of the State
Bar, and (3) disclose his or her provisional licensure in any
contract for legal services. The bill would provide that failure to
comply these conditions shall be grounds to revoke the provisional
license. The bill would provide for the expiration of a provisional
license under certain conditions, but would,
notwithstanding these conditions, only authorize a provisional
license to be valid while the active duty member of the Armed Forces
is assigned a duty station in California under official active duty
military orders.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6062 of the Business and Professions Code is
amended to read:
6062. (a) To be certified to the Supreme Court for admission, and
a license to practice law, a person who has been admitted to
practice law in a sister state, United States jurisdiction,
possession, territory, or dependency the United States may hereafter
acquire, shall:
(1) Be of the age of at least 18 years. Be
at least 18 years of age.
(2) Be of good moral character.
(3) Have passed the general bar examination given by the examining
committee. However, if that person has been an active member in good
standing of the bar of the admitting sister state or United States
jurisdiction, possession, or territory for at least four years
immediately preceding the first day of the examination applied for,
he or she may elect to take the Attorneys' Examination rather than
the general bar examination. Attorneys admitted less than four years
and attorneys admitted four years or more in another jurisdiction but
who have not been active members in good standing of their admitting
jurisdiction for at least four years immediately preceding the first
day of the examination applied for must take the general bar
examination administered to general applicants not admitted as
attorneys in other jurisdictions.
(4) Have passed an examination in professional responsibility or
legal ethics as the examining committee may prescribe.
(b) (1) An individual A person who
has been an active member in good standing of the bar of an admitting
sister state of or United States
jurisdiction, possession, or territory 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 California under official active duty military orders, may
apply to receive a provisional license to practice law in
California, which shall confer all of the same rights, benefits,
duties, and responsibilities as a license to practice law in
California , except as provided in this subdivision . A
provisional license to practice law shall be granted to an applicant
that who meets the following
requirements:
(A) Is at least 18 years of age.
(B) Is of good moral character.
(C) Has passed an examination in professional responsibility or
legal ethics as the examining committee may prescribe.
(A)
(D) Supplies evidence satisfactory to the State Bar
of California that he or she 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 California under official active duty military
orders.
(B)
(E) Holds a current license to practice law in another
state, district, or territory of the United States.
(C)
(F) Establishes that he or she is not currently subject
to lawyer discipline or the subject of a pending disciplinary matter
in any jurisdiction.
(D)
(G) Pays annual bar membership dues.
(E)
(H) Complies with all ethical, legal, and continuing
legal education obligations.
(2) The provisional license shall be valid until the active duty
member of the Armed Forces is no longer assigned a duty station in
California under official active duty military orders or until the
provisional licenseholder has passed the Attorneys' Examination.
(2) The State Bar shall expedite all moral character
investigations or proceedings for provisional license applicants.
(3) A provisional licenseholder shall, as a condition of
provisional licensure, comply with all of the following:
(A) Take the first general bar examination or Attorneys'
Examination administered at least 90 calendar days after his or her
moral character determination application is submitted to the State
Bar. A provisional licenseholder who has been an active member of an
admitting sister state or United States jurisdiction, possession, or
territory for less than four years immediately preceding the first
day of the examination applied for must take the general bar
examination administered to general applicants not admitted as
attorneys in other jurisdictions. A provisional licenseholder who has
been an active member in good standing of the bar of the admitting
sister state or United States jurisdiction, possession, or territory
for at least four years immediately preceding the first day of the
examination applied for may elect to take the Attorneys' Examination
rather than the general bar examination.
(B) Associate with an active member of the State Bar.
(C) Disclose his or her provisional licensure in any contract for
legal services.
Failure to comply with this paragraph shall be grounds for
revocation of the provisional license.
(4) If the provisional licenseholder does not pass the general bar
examination or Attorneys' Examination taken pursuant to subparagraph
(A) of paragraph (3), the provisional license shall expire on the
date the examination results become available. If the provisional
licenseholder passes the general bar examination or Attorneys'
Examination, the provisional license shall expire on the date the
provisional licenseholder takes the oath of admission.
Notwithstanding these provisions or any other law, a provisional
license shall only be valid while the active duty member of the Armed
Forces is assigned a duty station in California under official
active duty military orders.
(c) To be certified to the Supreme Court for admission, and a
license to practice law, a person who has been admitted to practice
law in a jurisdiction other than in a sister state, United States
jurisdiction, possession, or territory shall:
(1) Be of the age of at least 18 years. Be
at least 18 years of age.
(2) Be of good moral character.
(3) Have passed the general bar examination given by the examining
committee.
(4) Have passed an examination in professional responsibility or
legal ethics as the examining committee may prescribe.
(d) The amendments to this section made at the 1997-98 Regular
Session of the Legislature shall be applicable on and after January
1, 1997, and do not constitute a change in, but are declaratory of,
existing law.