BILL NUMBER: AB 296 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 15, 2013
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, 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 a person who has been
is 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. The bill would provide that the provisional license
confers all the same rights, benefits, duties, and responsibilities
to practice law as a regular 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. to apply
and be eligible to be certified to the Supreme Court for provisional
admission and to receive a provisional license to practice law in
California if the applicant meets certain requirements, including,
among others, supplying evidence satisfactory to the State Bar 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. The bill would require an applicant for
a provisional license or a provisional licenseholder to take the
first general bar examination or Attorney s '
Examination, as specified, administered after the date the active
duty member must report to a duty station in the state, except as
provided. The bill would require the provisional
licenseholder to abide by all the laws, rules, and regulations that
govern fully licensed members of the State Bar and would also subject
him or her to the same duties, responsibilitie s, and
obligations and confer the same rights and benefits, as fully
licensed members of the State Bar, except as provided. The bill would
subject the provisional licenseholder to certain disclosure
requirements and would authorize him or her to practice law in
California only under the supervision of an attorney who is an active
member in good standing of the State Bar of California. The bill
would provide for the automatic and immediate termination of the
provisional license under specified circumstances.
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 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) A person who
has been is an active member in good
standing of the bar of an admitting sister state 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 who meets
the following requirements: may apply and shall be
eligible to be certified to the Supreme Court for provisional
admission, and to receive a provisional license to practice law in
California, if the applicant meets all of the following requirements:
(A)
(1) Is at least 18 years of age.
(B) Is of good moral character.
(2) Files an Application for Determination of Moral Character with
the State Bar of California and is determined to be of good moral
character.
(C)
(3) Has passed an examination in professional
responsibility or legal ethics as the examining committee may
prescribe.
(D)
(4) Supplies evidence satisfactory to the State Barthat
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.
(E) Holds a current license to practice law in another state,
district, or territory of the United States.
(5) Establishes that he or she is an active member in good
standing entitled to practice law in another state, United States
jurisdiction, possession, or territory.
(F)
(6) Establishes that he or she is not
currently has never been subject to lawyer
discipline or and is not the subject of
a pending disciplinary matter in any jurisdiction.
(G) Pays annual bar membership dues.
(H) Complies with all ethical, legal, and continuing legal
education obligations.
(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) (1) An applicant for a provisional license or a provisional
licenseholder as described in subdivision (b) shall apply for and
take the general bar examination administered by the examining
committee, except as provided in paragraph (2).
(2) An applicant or provisional licenseholder who meets the
requirements to take the Attorneys' Examination as specified in
paragraph (3) of subdivision (a) may elect to apply for and take the
Attorneys' Examination rather than the general bar examination.
(3) An applicant or provisional licenseholder shall apply for and
take the general bar examination or Attorneys' Examination pursuant
to paragraphs (1) and (2), in compliance with the following:
(A) Except as provided in subparagraphs (B) and (C), an applicant
or provisional licenseholder shall apply for and take the first
general bar examination or Attorneys' Examination administered after
the date the active duty member of the Armed Forces of the United
States must report to a duty station in California under official
active duty military orders.
(B) If the general bar examination or Attorneys' Examination is
administered less than 90 days after the date the active duty member
of the Armed Forces of the United States must report to a duty
station in California under official active duty military orders, the
applicant or provisional licenseholder shall apply for and take one
of the following:
(i) The first general bar examination or Attorneys' Examination
administered after the date the active duty member of the Armed
Forces of the United States must report to a duty station in
California under official active duty military orders.
(ii) The first general bar examination or Attorneys' Examination
administered after the examination described in clause (i).
(C) If the active duty member of the Armed Forces of the United
States reported to a duty station in California under official active
duty military orders before January 1, 2014, the applicant or
provisional licenseholder shall apply for and take the general bar
examination or Attorneys' Examination no later than July 2014.
(d) A provisional licenseholder shall abide by all of the laws,
rules, and regulations that govern fully licensed members of the
State Bar of California, including payment of annual bar membership
dues and compliance with the Minimum Continuing Legal Education
requirements.
(e) A provisional licenseholder shall be subject to the same
duties, responsibilities, and obligations as fully licensed members
of the State Bar of California and shall be conferred the same rights
and benefits as fully licensed members of the State Bar of
California subject to the following:
(1) A provisional licenseholder may not advertise, hold out to the
public, or otherwise represent that he or she is admitted or
licensed to practice law in California unless the provisional
licenseholder concurrently states that he or she is admitted to
practice in California under a provisional license only.
(2) A provisional licenseholder shall state in all written fee
agreements and other contracts for legal services that he or she is
admitted to practice in California under a provisional license only.
(3) A provisional licenseholder may practice law in California
only under the supervision of an attorney who is an active member in
good standing of the State Bar of California.
(f) A provisional license shall automatically and immediately
terminate upon the earliest of any of the following:
(1) Failure of the applicant or provisional licenseholder to apply
for, take, and pass the general bar examination or Attorneys'
Examination as required under subdivision (c).
(2) A change resulting in the active duty member of the Armed
Forces no longer being assigned to a duty station in California under
official active duty military orders.
(3) Divorce, dissolution, or legal termination of the marriage,
domestic partnership, or other legal union with the 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.
(g) A provisional license shall automatically be superseded and
immediately terminate upon the issuance of a full license to practice
law in California to the provisional licenseholder.
(c)
(h) 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 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)
(i) 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.