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Assembly Bill A8317

2013-2014 Legislative Session

Authorizes the Appellate Division to admit an applicant as an attorney at law, upon certification by the committee on character and fitness, regardless of legal status

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Archive: Last Bill Status - In Assembly Committee

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2013-A8317 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R9404, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A3444

2013-A8317 (ACTIVE) - Summary

Authorizes the Appellate Division of the Supreme Court to admit an applicant as an attorney at law in all the courts of the state, upon certification by the committee on character and fitness that the applicant has fulfilled the requirements for admission to practice law and authorizes the Appellate Division of the Supreme Court to admit to the practice of law an applicant who is not lawfully present in the United States, upon certification by the committee on character and fitness that the applicant has fulfilled those requirements for admission.

2013-A8317 (ACTIVE) - Bill Text download pdf 

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

                                  8317

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 18, 2013
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the civil practice law and rules, in relation to author-
  izing  the  Appellate Division of the Supreme Court to admit an appli-
  cant as an attorney at law in  all  the  courts  of  the  state,  upon
  certification  by  the  committee  on  character  and fitness that the
  applicant has fulfilled the requirements   for admission  to  practice
  law  and  to  authorize the Appellate Division of the Supreme Court to
  admit to the practice of law an applicant who is not lawfully  present
  in the United States, upon certification by the committee on character
  and  fitness  that  the applicant has fulfilled those requirements for
  admission

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

  Section  1.  Rule 9404 of the civil practice law and rules, as amended
by judicial conference proposal number 7 for the year 1973,  is  amended
to read as follows:
  Rule  9404. Certificate of character and fitness.  1. Unless otherwise
ordered by the appellate division, no person shall be admitted to  prac-
tice  without  a certificate from the proper committee that it has care-
fully investigated the character and fitness of the applicant and  that,
in  such  respects,  he  OR  SHE is entitled to admission. To enable the
committee to make such investigation,  the  justices  of  the  appellate
division  are  authorized  to prescribe and from time to time to amend a
form of statement or questionnaire to be  submitted  by  the  applicant,
including specifically his OR HER present and such past places of actual
residence  as may be required therein, listing the street and number, if
any, and the period of time he OR SHE resided at each place.
  2. UPON CERTIFICATION BY THE STATE BOARD OF  LAW  EXAMINERS  THAT  THE
APPLICANT  HAS FULFILLED THE REQUIREMENTS FOR ADMISSION TO PRACTICE LAW,
AND A FINDING BY THE COMMITTEE THAT THE APPLICANT POSSESSES THE  CHARAC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13247-02-3

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