S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4275
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M. of A. SIMOTAS, QUART -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to the rule-making  power
   of  the  New  York state court of appeals as to admission of attorneys
   and counsellors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3  of  section  53  of the judiciary law, as
 amended by chapter 450 of the laws  of  1994,  is  amended  to  read  as
 follows:
   3.  (A) The court shall prescribe rules providing for a uniform system
 of examination of candidates for admission to practice as attorneys  and
 counsellors,  which shall govern the state board of law examiners in the
 performance of its duties. The court shall not by its rules cause to  be
 barred  from  examination or, upon successful completion of the examina-
 tion process, subsequent admission to the state bar, provided he or  she
 shall  otherwise  meet any requirements for admission, any person who is
 currently admitted to practice in the jurisdiction of another state  and
 has  received  a degree from a law school which qualifies such person to
 practice law in such state, other than a law school which grants  credit
 for  correspondence  courses, provided that such person has been engaged
 in the actual practice of law in the state in which  they  are  admitted
 for no less than five years.
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, THE COURT SHALL NOT BY ITS RULES CAUSE TO BE BARRED FROM  EXAMINA-
 TION,  OR  UPON SUCCESSFUL COMPLETION OF THE EXAMINATION PROCESS, SUBSE-
 QUENT ADMISSION TO THE STATE BAR, ANY PERSON WHO: (I)  HAS  SUCCESSFULLY
 PASSED  THE  BAR EXAMINATION OF ANOTHER STATE, (II) HAS BEEN ADMITTED TO
 PRACTICE AND BE IN GOOD STANDING IN ANOTHER STATE, (III) HAS RECEIVED  A
 JURIS  DOCTORATE  DEGREE  FROM  A  LAW  SCHOOL  WHICH IS ACCREDITED BY A
 REGIONAL OR NATIONAL ACCREDITING AGENCY RECOGNIZED BY THE UNITED  STATES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04211-01-7

 A. 4275                             2
 
 DEPARTMENT  OF EDUCATION WHOSE SCOPE OF AUTHORITY INCLUDES FIRST PROFES-
 SIONAL DEGREES IN LAW AND WHICH LAW SCHOOL QUALIFIES  FOR  PARTICIPATION
 IN THE FEDERAL STUDENT LOAN PROGRAM UNDER TITLE IV OF THE FEDERAL HIGHER
 EDUCATION  ACT  OF NINETEEN HUNDRED SIXTY-FIVE, AS AMENDED, AND (IV) HAS
 COMPLETED AN EXTERNSHIP IN NEW YORK UNDER THE DIRECTION AND  SUPERVISION
 OF  AN  ATTORNEY ADMITTED TO PRACTICE LAW IN THE STATE, OF NOT LESS THAN
 ONE CALENDAR YEAR, DOCUMENTED BY LOG OR OTHER MECHANISM WHICH THE  COURT
 SHALL  ESTABLISH, BY RULE, CONSISTENT WITH THE PROVISIONS OF THIS SUBDI-
 VISION.
   § 2. The court of appeals shall promulgate rules necessary to effectu-
 ate the provisions of this act.
   § 3. This act shall take effect immediately;  provided,  that  section
 one of this act shall take effect on the one hundred eightieth day after
 it shall have become a law.