S T A T E O F N E W Y O R K
________________________________________________________________________
2103
2011-2012 Regular Sessions
I N A S S E M B L Y
January 13, 2011
___________
Introduced by M. of A. LAVINE -- 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 HAS SUCCESSFULLY PASSED
THE BAR EXAMINATION OF ANOTHER STATE, HAS BEEN ADMITTED TO PRACTICE IN
ANOTHER STATE, AND WHO HAS RECEIVED A JURIS DOCTORATE DEGREE FROM A LAW
SCHOOL WHICH IS ACCREDITED BY A NATIONAL ACCREDITING AGENCY RECOGNIZED
BY THE UNITED STATES DEPARTMENT OF EDUCATION WHOSE SCOPE OF AUTHORITY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06941-01-1
A. 2103 2
INCLUDES FIRST PROFESSIONAL DEGREES IN LAW AND WHICH LAW SCHOOL QUALI-
FIES FOR PARTICIPATION IN THE FEDERAL STUDENT LOAN PROGRAM UNDER TITLE
IV OF THE FEDERAL HIGHER EDUCATION ACT OF NINETEEN HUNDRED SIXTY-FIVE,
AS AMENDED.
S 2. The court of appeals shall promulgate rules necessary to effectu-
ate the provisions of this act.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that section two of this act shall
take effect immediately.