NY State Senate Bill 2019-S8648A

Senate Bill S8648A

2019-2020 Legislative Session

Suspends the two-fail qualification for practice of law prior to passing the bar exam, and permits certain law graduates who have not yet taken the bar exam to practice under attorney supervision

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 08, 2020	print number 8648a
Jul 08, 2020	amend and recommit to rules
Jul 01, 2020	referred to rules

Bill Amendments

Original

A (Active)

2019-S8648 - Details

See Assembly Version of this Bill:: A10661
Current Committee:: Senate Rules
Law Section:: Judiciary Law
Laws Affected:: Amd §478, Judy L
Versions Introduced in 2021-2022 Legislative Session:: S7054, A5694

2019-S8648 - Summary

Relates to temporarily suspending the two-fail qualification for practice of law prior to passing the bar exam, and permits certain law graduates who have not yet had the opportunity to take the bar exam to practice under attorney supervision.

2019-S8648 - Sponsor Memo

                                
 
BILL NUMBER: S8648

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to temporarily suspending
the two-fail qualification for practice of law prior to passing the bar
exam for law graduates representing indigent clients; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Suspends the two-fail qualification for practice of law prior to passing
the bar exam, and permits certain law graduates who have not yet taken
the bar exam to practice under attorney supervision

 
SUMMARY OF PROVISIONS:

Section 1 amends section 478 of the judiciary law to include that this
section does not apply to persons who have graduated from a law school
and who have taken and failed to pass the bar exam one or more times.

Section 2 lays out the effective date.

 
JUSTIFICATION:

Due to the state of emergency and ensuing protocols that are in place in
response to the COVID-19 pandemic, the July 2020 New York Bar Exam has
been postponed till September 2020. In addition, seating for the exam is
limited to recent graduates of law schools and does not guarantee a
place for all intending to register. For those who have taken the bar
exam twice and failed, but are representing indigent clients as part of
their employment under the supervision of a barred attorney, this has
severe consequences. Law graduates who have not yet passed the Bar Exam
fear salary cuts, unemployment and removal from cases. Indigent clients
also will bear the consequences of this limitation, as new attorneys
assigned to their cases will need to start afresh. Our current climate
suggests that there will be an increase in clients who will need lawyers
to consider their cases.

Under NY law, law graduates can represent clients under the supervision
of a licensed attorney only if they have not failed the bar exam twice.
However, because of limited testing accommodations due to the Covid19
crisis, there is no certainty as to when law graduates who are repeat
test-takers may be able to register for a seat for the bar exam. This
legislation will temporarily suspend the two-fail qualification for the
duration of the COVID-19 emergency, so that law graduates who represent
indigent clients may continue to do so under the supervision of a
licensed attorney.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire upon the expira-
tion of the declared state of emergency relating to the novel coronavi-
rus (COVID-l9), when upon such date the provisions of this act shall be
deemed repealed; provided, that the commissioner of education shall
notify the legislative 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 commission 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 19
legislative law and section 70-b of the public officers law.

2019-S8648 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8648
 
                             I N  S E N A T E
 
                               July 1, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the judiciary law, in relation to temporarily suspending
   the two-fail qualification for practice of law prior  to  passing  the
   bar  exam for law graduates representing indigent clients; and provid-
   ing 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. It shall be unlawful for any natural person to prac-
 tice or appear as an attorney-at-law or as an attorney and counselor-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 coun-
 sel 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.
                                                            LBD16602-03-0

 S. 8648                             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
 examiners  that  they  have failed to pass two such examinations] OR WHO
 HAVE TAKEN AND FAILED TO PASS SUCH EXAM ONE OR MORE TIMES, 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. This act shall take effect immediately and shall expire upon  the
 expiration  of  the  declared  state  of emergency relating to the novel
 coronavirus (COVID-19), when upon such date the provisions of  this  act
 shall  be  deemed repealed; provided, that the commissioner of education
 shall notify the legislative bill drafting commission  upon  the  occur-
 rence  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 commission 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.

co-Sponsors

2019-S8648A (ACTIVE) - Details

See Assembly Version of this Bill:: A10661
Current Committee:: Senate Rules
Law Section:: Judiciary Law
Laws Affected:: Amd §478, Judy L
Versions Introduced in 2021-2022 Legislative Session:: S7054, A5694

2019-S8648A (ACTIVE) - Summary

2019-S8648A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8648a

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the judiciary law, in relation to temporarily suspending
the two-fail qualification for practice of law prior to passing the bar
exam for law graduates representing indigent clients; and providing for
the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Suspends the two-fail qualification for practice of law prior to passing
the bar exam, and permits certain law graduates who have not yet taken
the bar exam to practice under attorney supervision

 
SUMMARY OF PROVISIONS:

Section 1 amends section 478 of the judiciary law to include that this
section does not apply to persons who have graduated from a law school
and who have taken and failed to pass the bar exam one or more times.

Section 2 lays out the effective date.

 
JUSTIFICATION:

Due to the state of emergency and ensuing protocols that are in place in
response to the COVID-19 pandemic, the July 2020 New York Bar Exam has
been postponed till September 2020. In addition, seating for the exam is
limited to recent graduates of law schools and does not guarantee a
place for all intending to register. For those who have taken the bar
exam twice and failed, but are representing indigent clients as part of
their employment under the supervision of a barred attorney, this has
severe consequences. Law graduates who have not yet passed the Bar Exam
fear salary cuts, unemployment and removal from cases. Indigent clients
also will bear the consequences of this limitation, as new attorneys
assigned to their cases will need to start afresh. Our current climate
suggests that there will be an increase in clients who will need lawyers
to consider their cases.

Under NY law, law graduates can represent clients under the supervision
of a licensed attorney only if they have not failed the bar exam twice.
However, because of limited testing accommodations due to the Covid19
crisis, there is no certainty as to when law graduates who are repeat
test-takers may be able to register for a seat for the bar exam. This
legislation will temporarily suspend the two-fail qualification for the
duration of the COVID-19 emergency, so that law graduates who represent
indigent clients or who work for the State or a local government may
continue to do so under the supervision of a licensed attorney.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire upon the expira-
tion of the declared state of emergency relating to the novel coronavi-
rus (COVID-19), when upon such date the provisions of this act shall be
deemed repealed; provided, that the chief judge of the office of court
administration shall notify the legislative 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 commission 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 19 legislative law and section 70-b of the public
officers law.

2019-S8648A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8648--A
 
                             I N  S E N A T E
 
                               July 1, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Rules  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the judiciary law, in relation to temporarily suspending
   the  two-fail  qualification  for practice of law prior to passing the
   bar exam for law graduates representing indigent clients; and  provid-
   ing 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. It shall be unlawful for any natural person to prac-
 tice or appear as an attorney-at-law or as an attorney and counselor-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  coun-
 sel  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16602-05-0

 S. 8648--A                          2
 
 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
 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
 examiners  that  they  have failed to pass two such examinations] OR WHO
 HAVE TAKEN AND FAILED TO PASS SUCH EXAM ONE OR MORE TIMES, 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] OR WHO HAVE TAKEN AND FAILED TO PASS SUCH EXAM ONE OR
 MORE  TIMES,  when  such students or persons are acting under the super-
 vision 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  department  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. This act shall take effect immediately and shall expire upon  the
 expiration  of  the  declared  state  of emergency relating to the novel
 coronavirus (COVID-19), when upon such date the provisions of  this  act
 shall  be  deemed repealed; provided, that the chief judge of the office
 of court administration  shall  notify  the  legislative  bill  drafting
 commission  upon  the occurrence of the expiration of the state disaster
 emergency declared by executive order number 202 and any further  amend-
 ments  or  modifications,  and  as  may  be further extended pursuant to
 section 28 of the executive law, in order that the commission may  main-
 tain  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.

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Senate Bill S8648A

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Sponsored By

Brad Hoylman-Sigal