Assembly Bill A10886

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10886
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to prohibiting  discrimi-
   nation  against  participants  in  certain  temporary authorization to
   practice law programs; and providing for the repeal of such provisions
   upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 478 of the judiciary law, as amended by chapter 22
 of the laws of 2013, is amended to read as follows:
   § 478. Practicing or appearing as attorney-at-law without being admit-
 ted and registered. 1. It shall be unlawful for any  natural  person  to
 practice  or  appear as an attorney-at-law or as an attorney and counse-
 lor-at-law for a person other than himself or  herself  in  a  court  of
 record  in this state, or to furnish attorneys or counsel or an attorney
 and counsel to render legal services, or to hold himself or herself  out
 to  the public as being entitled to practice law as aforesaid, or in any
 other manner, or to assume to be an attorney or counselor-at-law, or  to
 assume,  use,  or advertise the title of lawyer, or attorney and counse-
 lor-at-law, or attorney-at-law  or  counselor-at-law,  or  attorney,  or
 counselor,  or  attorney  and  counselor,  or  equivalent  terms  in any
 language, in such manner as to convey the impression that he or she is a
 legal practitioner of law or in any manner to advertise that he  or  she
 either  alone  or  together  with any other persons or person has, owns,
 conducts or maintains a law office or  law  and  collection  office,  or
 office  of  any  kind for the practice of law, without having first been
 duly and regularly licensed and admitted to practice law in  the  courts
 of  record  of  this  state, and without having taken the constitutional
 oath. Provided, however, that nothing in this section shall be  held  to
 apply  (1)  to  officers  of  societies for the prevention of cruelty to
 animals, duly appointed, when exercising the  special  powers  conferred
 upon  such corporations under section fourteen hundred three of the not-
 for-profit corporation law; or (2) to law students who have completed at
 least two semesters of law school or persons who have graduated  from  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16964-01-0

 A. 10886                            2
 
 law  school,  who  have taken the examination for admittance to practice
 law in the courts of record in the  state  immediately  available  after
 graduation  from  law  school,  or the examination immediately available
 after  being  notified by the board of law examiners that they failed to
 pass said exam, and who have not been notified by the board of law exam-
 iners that they have failed to pass two such examinations, acting  under
 the  supervision  of  a  legal  aid  organization when such students and
 persons are acting under a program approved by the appellate division of
 the supreme court of the department in which  the  principal  office  of
 such  organization  is  located  and specifying the extent to which such
 students and persons may engage in activities  otherwise  prohibited  by
 this  statute;  or  (3)  to law students who have completed at least two
 semesters of law school, or to persons who have  graduated  from  a  law
 school  approved  pursuant  to the rules of the court of appeals for the
 admission of attorneys and counselors-at-law  and  who  have  taken  the
 examination  for  admission to practice as an attorney and counselor-at-
 law immediately available after graduation from law school or the  exam-
 ination  immediately  available after being notified by the board of law
 examiners that they failed to pass said exam,  and  who  have  not  been
 notified by the board of law examiners that they have failed to pass two
 such  examinations,  when  such students or persons are acting under the
 supervision of the state or a subdivision thereof or of any  officer  or
 agency  of  the  state  or  a subdivision thereof, pursuant to a program
 approved by the appellate division of the supreme court of  the  depart-
 ment  within  which  such activities are taking place and specifying the
 extent to which they may engage in activities  otherwise  prohibited  by
 this  statute and those powers of the supervising governmental entity or
 officer in connection with which they may engage in such activities;  or
 (4)  an  attorney and counselor-at-law or the equivalent who is admitted
 to the bar in another state, territory, district or foreign country  and
 who  has been admitted to practice pro hac vice in the state of New York
 within the limitations prescribed in the rules of the court of  appeals;
 or (5) an attorney licensed as a legal consultant under rules adopted by
 the  court of appeals pursuant to subdivision six of section fifty-three
 of this chapter and rendering legal services in the state within limita-
 tions prescribed in such rules.
   2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER  TO
 DISCRIMINATE  IN ANY WAY AGAINST AN INDIVIDUAL, BECAUSE OF SUCH INDIVID-
 UAL'S PARTICIPATION IN A PROGRAM DESIGNED TO PROVIDE TEMPORARY  AUTHORI-
 ZATION  FOR QUALIFIED LAW GRADUATES TO ENGAGE IN THE LIMITED PRACTICE OF
 LAW PURSUANT TO A PRACTICE ORDER PROMULGATED BY  AN  APPELLATE  DIVISION
 DEPARTMENT  TO  ALLEVIATE  THE  HARDSHIP  ON  BAR  APPLICANTS DURING THE
 DECLARED STATE OF EMERGENCY RELATING TO THE  NOVEL  CORONAVIRUS  (COVID-
 19).
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on the same date as the expiration of the declared state
 of emergency relating to the  novel  coronavirus  (COVID-19);  provided,
 that  the  chief judge of the court of appeals shall notify the legisla-
 tive bill drafting commission upon the occurrence of the  expiration  of
 the  state disaster emergency declared by executive order number 202 and
 any further amendments or modifications, and as may be further  extended
 pursuant  to  section 28 of the executive law, in order that the commis-
 sion may maintain an accurate and timely  effective  data  base  of  the
 official  text  of  the  laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.