BILL ANALYSIS Ó
AB 296
Page 1
ASSEMBLY THIRD READING
AB 296 (Wagner)
As Amended May 15, 2013
Majority vote
VETERANS AFFAIRS 7-1 JUDICIARY 10-0
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|Ayes:|Muratsuchi, Chávez, |Ayes:|Wieckowski, Wagner, |
| |Atkins, Brown, Eggman, | |Alejo, Chau, Dickinson, |
| |Salas, Yamada | |Garcia, Gorell, |
| | | |Maienschein, Muratsuchi, |
| | | |Stone |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fox | | |
| | | | |
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SUMMARY : Seeks to authorize provisional licenses to practice
law to spouses of military members who are stationed in
jurisdictions outside the spouse's location of bar membership.
Specifically, this bill , among other things:
1)Provides that a person who has been an active member in good
standing of the bar of an admitting sister state or United
States jurisdiction, possession, or territory may apply to
receive a provisional license to practice law in California,
and that a provisional license to practice law shall be
granted to an applicant 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; d)
Supplies 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; e) Holds a current
license to practice law in another state, district, or
territory of the United States; f) Establishes that he or she
is not currently subject to lawyer discipline or the subject
of a pending disciplinary matter in any jurisdiction; g) Pays
annual bar membership dues; and h) Complies with all ethical,
legal, and continuing legal education obligations.
2)Requires an applicant for a provisional license under the bill
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to register for and take the California bar examination, in
compliance with specified conditions; and further provides
that the State Bar shall expedite all moral character
investigations or proceedings for provisional license
applicants.
3)Provides that a provisional licenseholder must associate with
an active member of the State Bar; and provides that a
provisional licenseholder must disclose his or her provisional
licensure in any contract for legal services, and the failure
to comply with this shall be grounds for revocation of the
provisional license.
4)Provides that if the provisional licenseholder does not pass
the general bar examination or Attorneys' Examination, the
provisional license shall expire on the date the examination
results become available. Further provides that 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.
5)Provides that a provisional license shall only be valid while
the active duty member of the Armed Forces is assigned to a
duty station in California under official active duty military
orders.
FISCAL EFFECT : None
COMMENTS : This bill departs from long-standing provisions of
the State Bar Act, which currently provide that out-of-state
attorneys who have been admitted to practice law in a sister
jurisdiction, including those in partnerships with members of
the United States Armed Forces, may apply for admission to the
State Bar only if they meet certain specified requirements
including having passed the State Bar Examination. This bill
seeks to authorize a spouse or domestic partner of an active
duty member of the Armed Forces of the United States to be able
to apply to receive a provisional license to practice law in
California without first taking the State Bar Examination.
In support of the bill, the author writes:
AB 296 will provide a provisional license to practice
AB 296
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law in order to allow an active member in good
standing of the bar of an admitting sister state of
the United States jurisdiction, possession, or
territory who is the spouse of an active member of the
Armed Forces of the United States, to secure
employment while completing state requirements that
may be different from what was required by the
previous licensing state or while awaiting
verification of current license.
By allowing these military spouses to obtain these
provisional licenses, it will alleviate the
substantial amount of pressure that falls onto
military families. A large portion of military
spouses require a license to work in their profession
and if that spouse is unable to receive employment
after moving across state lines, it can have an impact
on a Service member's decision to continue serving.
These provisional licenses can relieve both the
financial pressure on military families and the
pressure on Service members to leave the service in
order to avoid moving across state lines.
In order to try to meet concerns of the State Bar, the author
has worked with representatives of the State Bar to try to
address the myriad practical issues that arise in his attempt to
create such new provisional licenses. Though the State Bar has
graciously provided helpful technical assistance in this regard,
it has not yet had an opportunity to take a position on the
measure.
According to the analysis of the Assembly Veterans Affairs
Committee, California has approximately 72,000 military spouses
(civilians married to service members) residing here in any
given year (California Research Bureau, Professional Licensing
and Military Spouses. (2013). S-13-001). And 95% of military
spouses are reportedly women. Over a third of military spouses
are employed in professions that require some sort of license or
certificate. (Professional Licensing and Military Spouses.)
Additionally a recent survey showed that more than two-thirds of
all service members state their decision to re-enlist was
largely or moderately affected by their spouses' career
prospects. (U.S. Department of the Treasury and U.S. Department
of Defense (2012) Supporting Our Military Families: Best
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Practices for Streamlining Occupational Licensing Across State
Lines.)
It is unclear how many military spouses this bill would affect.
Nevertheless, as stated by the author, the inability to practice
law in California would pose a significant barrier to employment
for the attorney spouse.
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0000560