S T A T E O F N E W Y O R K
________________________________________________________________________
3444
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
___________
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.
LBD04969-01-5
A. 3444 2
TER AND GENERAL FITNESS REQUISITE FOR AN ATTORNEY AND COUNSELLOR-AT-LAW
AND THAT THE APPLICANT HAS SATISFIED THE REQUIREMENTS OF SECTION 3-503
OF THE GENERAL OBLIGATIONS LAW, THE APPELLATE DIVISION SHALL ADMIT THE
APPLICANT AS AN ATTORNEY AND COUNSELLOR-AT-LAW IN ALL THE COURTS OF THIS
STATE, IN ACCORDANCE WITH THE PROVISIONS OF SECTION NINETY OF THE JUDI-
CIARY LAW.
3. AN APPLICANT WHO SATISFIES THE REQUIREMENTS OF SUBDIVISION TWO OF
THIS RULE SHALL NOT BE DENIED ADMISSION SOLELY ON THE BASIS OF HIS OR
HER IMMIGRATION STATUS.
S 2. This act shall take effect immediately.