senate Bill S2440

Relates to the study of law in certain non approved law schools to be eligible to sit for the New York state bar exam

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 21 / Jan / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION

Summary

Relates to the study of law in certain non American Bar Association approved law schools to be eligible to sit for the New York state bar exam, so long as they meet all other requirements established pursuant to 22 NYCRR Part 520.03.

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Bill Details

Versions:
S2440
Legislative Cycle:
2011-2012
Current Committee:
Senate Higher Education
Law Section:
Education
Versions Introduced in 2009-2010 Legislative Cycle:
S1791

Sponsor Memo

BILL NUMBER:S2440

TITLE OF BILL:
An act
relating to the study of law in certain law schools to be eligible to
sit for the New York state bar exam

PURPOSE:
To allow graduates of Massachusetts School
of Law (MSL) to
take the New York State Bar Examination immediately following
graduation. To deem the MSL as an approved law school.

SUMMARY OF PROVISIONS:
Section 1: deems the Massachusetts School of Law as an approved law
school, even if it has not been approved by the American Bar
Association, so long as the school has met all the other requirements
established by 22 NYCRR Part 520.03.

EXISTING LAW:
Currently, to sit for the New York State bar exam, one must graduate
from an accredited law school or have worked in another state for 5
years after being duly admitted to that state's bar.

JUSTIFICATION:
This legislation would allow graduates of the Massachusetts School of
Law (MSL) to take the New York State Bar Examination immediately
after graduation instead of waiting five years after employment in
Massachusetts. Currently, New York State Law does not permit an
individual who graduated from a non-accredited law school to sit for
the New York State Bar Exam, unless they have been admitted in
another state and worked there for five years. In one particular
instance, in the Senator's district, an individual, who passed the
Massachusetts's bar exam after graduation, has worked for a New York
State law firm for the past five years, is unable to sit for the New
York State bar examination because he was employed in New York and
not Massachusetts where he was admitted. Therefore, the Court of
Appeals has ruled that his experience of five years employment is not
sufficient.

Thus, this bill is necessary to insure that all qualified applicants
are given the chance to sit for the New York State bar. The
legislation does not guarantee admission, rather it only provides equal
opportunity for all law school graduates who have met the academic
requirements of graduation but have not attended an accredited law
school.

LEGISLATIVE HISTORY:
S.1791 of 2010 - Referred to Higher Education

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2440

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT relating to the study of law in certain law schools to be  eligi-
  ble to sit for the New York state bar exam

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any other provision of law to the contrary,
the Massachusetts school of law shall be deemed an approved law  school,
as  defined in 22 NYCRR Part 520.03, even if they have not been approved
by the American Bar Association, if they have met all other requirements
established pursuant to 22 NYCRR Part 520.03.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08285-01-1

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