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PA Bulletin, Doc. No. 97-209

THE COURTS

PART IV.  ADMISSION TO PRACTICE OF LAW

[204 PA. CODE CH. 71]

Amendment of Rules 203 and 204 of the Pennsylvania Bar Admission Rules; No. 168; Doc. No. 1

[27 Pa.B. 796]

Order

Per Curiam:

   And Now, this 31st day of January, 1997, Rules 203 and 204 of the Pennsylvania Bar Admission Rules are amended to read as follows.

   To the extent that notice of proposed rulemaking would be required by Pennsylvania Rule of Judicial Administration No. 103 or otherwise, the immediate amendment of Rules 203 and 204 is hereby found to be required in the interest of justice and efficient administration.

   This Order shall be processed in accordance with Pennsylvania Rule of Judicial Administration No. 103(b) and shall be effective immediately.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV.  ADMISSION TO PRACTICE OF LAW

CHAPTER 71.  PENNSYLVANIA BAR ADMISSION RULES

Subchapter B.  ADMISSION TO THE BAR GENERALLY

IN GENERAL

Rule 203.  Admission of graduates of accredited and unaccredited institutions.

   (a)  Bar examination. The general requirements for permission to sit for the bar examination are:

   (1)  Receipt of an undergraduate degree from an accredited college or university or the receipt of an education which, in the opinion of the Board, is the equivalent of an undergraduate college or university education.

   (2)(i)  Except as provided in subparagraph 2(ii) of this Rule, completion of the study of law at and receipt without exception of an earned Bachelor of Laws or Juris Doctor degree from an accredited law school. See Rule 205 (relating to admission of graduates of foreign institutions) for standards applicable to graduates of foreign law schools; or

   (ii)  completion of the study of law at and receipt without exception of an earned Bachelor of Laws or Juris Doctor degree from an unaccredited law school located within the boundaries of the United States of America, provided that the applicant is a member of the bar of a reciprocal state and meets the following qualifications:

   (A)  Presentation of a certificate from the highest court or agency of such state having jurisdiction over admission to the bar and the practice of law stating that the applicant is in good standing at the bar of such court or such state.

   (B)  Presentation of proof satisfactory to the Board that the applicant has for a period of five years of the last seven years immediately preceding the date of filing of the application for admission to the bar of this Commonwealth:

   (i)  engaged in the practice of law in a reciprocal state or states outside this Commonwealth. For purposes of this paragraph, the phrase ''engaged in the practice of law'' is defined as ''devoting a major portion of one's time and energy to the rendering of legal services''; or

   (ii)  engaged full-time in the teaching of law at one or more accredited law schools in the United States; or

   (iii)  served on active duty in the United States military service, as a judge advocate or law specialist, as those terms are defined in the Uniform Code of Military Justice, 10 U.S.C. Sec. 801, as amended, regardless of the location of the service.

   Service under subparagraphs (i), (ii), and (iii) may be combined to satisfy the five year service requirement of this subparagraph.

   [(3)  Absence of prior conduct by the applicant which in the opinion of the Board indicates character and general qualifications (other than scholastic) incompatible with the standards expected to be observed by members of the bar of this Commonwealth.]

   (b)  Admission to the bar. The general [requirement] requirements for admission to the bar of this Commonwealth [is] are:

   (1)  satisfactory completion of the bar examination administered by or under the authority of the Board; and

   (2)  absence of prior conduct by the applicant which in the opinion of the Board indicates character and general qualification (other than scholastic) incompatible with the standards expected to be observed by members of the bar of this Commonwealth.

Rule 204.  Admission of domestic attorneys.

   As an alternative to satisfying the requirements of Rule 203 (relating to admission of graduates of accredited and unaccredited institutions), an attorney of another state may be admitted to the bar of this Commonwealth if the applicant has completed the study of law at and received without exception an earned Bachelor of Laws or Juris Doctor degree from an accredited law school, is a member of the bar of a reciprocal state at the time of filing of the application for admission to the bar of this Commonwealth and meets the following qualifications:

   (1)  Presentation of a certificate from the highest court or agency of such state having jurisdiction over admission to the bar and the practice of law stating that the applicant is in good standing at the bar of such court or such state.

   (2)  Presentation of proof satisfactory to the Board that the applicant has for a period of five years of the last seven years immediately preceding the date of filing of the application for admission to the bar of this Commonwealth:

   (i)  engaged in the practice of law in a reciprocal state or states outside this Commonwealth. For purposes of this paragraph, the phrase ''engaged in the practice of law'' is defined as ''devoting a major portion of one's time and energy to the rendering of legal services''; or

   (ii)  engaged full-time in the teaching of law at one or more accredited law schools in the United States; or

   (iii)  served on active duty in the United States military service, as a judge advocate or law specialist, as those terms are defined in the Uniform Code of Military Justice, 10 U.S.C. Sec. 801, as amended, regardless of the location of the service.

   Service under subparagraphs (i), (ii) and (iii) may be combined to satisfy the five year service requirement of this Subparagraph.

   (3)  No applicant will be admitted under this Rule who at any time has taken and failed the Pennsylvania bar examination.

   (4)  Satisfaction of the requirements of Paragraphs (a)(1) and [(a)(3)] (b)(2) of Rule 203.

[Pa.B. Doc. No. 97-209. Filed for public inspection February 14, 1997, 9:00 a.m.]


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