THE COURTS
Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS
[ 204 PA. CODE CH. 71 ]
Amendment of Rules 204 and 311 of the Pennsylvania Bar Admission Rules; No. 472; Supreme Court Rules; Doc. No. 1
[39 Pa.B. 2433]
[Saturday, May 16, 2009]
Order Per Curiam:
And Now, this 28th day of April, 2009, Rules 204 and 311 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 Pa.B.A.R. 204 and 311 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 the amendment adopted hereby shall be effective immediately.
JOHN A. VASKOV,
Deputy Prothonotary
Supreme Court of Pennsylvania
Annex A
TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS
PART IV. ADMISSION TO PRACTICE LAW
CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES
Subchapter B. ADMISSION TO THE BAR GENERALLY
IN GENERAL Rule 204. Admission of domestic attorneys.
As an alternative to satisfying the requirements of Rule 203, an attorney, licensed to practive law in another state, may be admitted to the bar of this Commonwealth if the applicant meets the following requirements:
* * * * * (3) Presentation of a certificate of good standing from the highest court or the agency having jurisdiction over admission to the bar and the practice of law in every state or jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or such state. An applicant who is disbarred or suspended for disciplinary reasons from the practice of law in another jurisdiction at the time of filing an application for admission to the bar shall not be eligible for admission to the bar of this Commonwealth.
* * * * * (5) Presentation of proof satisfactory to the [board] Board that the applicant has either taken and passed the bar examination in a reciprocal state or has devoted a major portion of time and energy to the practice of law in a reciprocal state for five years of the last seven years immediately preceding the date on which an application was filed under this [rule] Rule.
(6) [No] An applicant [will be admitted under this Rule] who [at any time] has taken and failed the Pennsylvania bar examination will not be admitted under this Rule. This provision does not apply to individuals who have passed the bar examination upon a subsequent attempt.
* * * * * (8) Has passed the Multistate Professional Responsibility Exam with the score required by the Court to be achieved by successful applicants under Rule 203.
For purposes of this rule, the phrase ''practice of law'' is defined as engaging in any of the following legal activities, provided such activities were performed in a state in which the applicant was admitted to practice law or in a state that affirmatively permitted such activity by a lawyer not admitted to practice law in the jurisdiction:
* * * * * (vii) Service 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.
* * * * *
Subchapter C. RESTRICTED PRACTICE OF LAW
ATTORNEY PARTICIPANTS IN DEFENDER OF LEGAL SERVICES PROGRAMS Rule 311. Attorney participants in defender or legal services programs.
(a) Scope. This rule applies to an attorney who is not a member of the bar of this Commonwealth [and who] but is qualified to practice in the courts of another state and who[:
(1) is enrolled in a graduate criminal law or poverty law and litigation program in an accredited law school located in this Commonwealth; or
(2) after having completed the study of law in an accredited law school,] is employed by or associated with an organized legal services program in this Commonwealth providing legal assistance to indigents in civil matters or a public defender's office or defender association in this Commonwealth providing legal assistance to indigents in criminal matters.
(b) General Rule. An attorney to which this rule applies shall be admitted to practice before the courts and magisterial district [justices] judges of this Commonwealth in all matters in which the attorney is employed by or associated with a public defender's office, an organized defender association, or an organized legal services program which [association or program] is sponsored, approved or recognized by the local county bar association. Admission to practice under this rule shall be limited to the matters specified in the preceding sentence.
(c) Application. An applicant [Motions] for [restricted] limited admission to practice under this rule shall [be made by filing one copy thereof with the Prothonotary. The motion shall be in writing] file with the Board an application on a form prescribed by the Board [and] which shall include or be accompanied by[:
(1) A certificate of the highest court or agency of any other 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 in such state.
(2) A] a statement[:
(i)] signed by a representative of the [law school showing compliance with Paragraph (a)(1) of this rule] public defender's office, defender association; or
[(ii) signed by a representative of an] organized legal services program [showing compliance with Paragraph (a)(2) of this rule] indicating that the attorney will be employed by or associated with such entity.
Any such statement shall also contain an undertaking by the [school or] public defender's office, defender association or legal services program to notify the Prothonotary immediately whenever the attorney ceases to be [enrolled in] employed by or associated with such office, association or program.
The application shall be processed in accordance with the provisions of Rules 212 through 222.
(d) Requirements. The requirements for issuance of a limited license under this rule are:
1. 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;
2. Admission to the practice of law in another state, on active status at the time of filing the application;
3. Absence of prior conduct by the applicant which in the opinion of the Board indicates character and general qualifications incompatible with the standards expected to be observed by members of the bar of this Commonwealth; and
4. Presentation of a certificate of good standing from the highest court or the agency having jurisdiction over the admission to the bar and the practice of law in every jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or such state. An applicant who is disbarred or suspended for disciplinary reasons from the practice of law in another jurisdiction at the time of filing an application shall not be eligible for a limited license under this rule.
5. An applicant who has taken and failed the Pennsylvania bar examination will not be admitted under this Rule. This provision does not apply to individuals who have passed the bar examination upon a subsequent attempt.
(e) Application Fee. An applicant for limited admission to practice under this Rule shall pay an application fee fixed by the Board.
(f) Issuance of License. [(c) Subscription and action. The motion for admission shall be subscribed by a member of the bar of this Commonwealth in good standing. If the motion and related documents are in proper order] At any time within six months of the receipt of a certificate from the Board recommending the issuance of a limited license to practice in a public defender's office, defender association or legal services program, an applicant may file a motion with the Prothonotary, on a form prescribed by the Board for issuance of such license. The motion shall be accompanied by the certificate from the Board recommending issuance of the license and the fee required by the Prothonotary. Upon receipt of the appropriate documents and fee, the Prothonotary shall enter the name of the applicant upon the docket of persons specially admitted to the bar of this Commonwealth subject to the restrictions of this rule and shall issue an appropriate certificate in evidence thereof.
[(d)] (g) Expiration of [admission] Admission. When an attorney admitted under this rule ceases to be [enrolled] employed by or associated [in] with an office, association or a program as set forth in the motion previously filed, a written statement to that effect shall be filed with the Prothonotary by a representative of the [law school] public defender's office, defender association or legal services program. Admission to practice under this rule shall expire after 30 months, unless the Court for good cause shown shall extend such period in an individual case, or when the attorney ceases to be [enrolled in] employed by or associated with such office, association or program, whichever shall first occur.
[(e)] (h) Enforcement [rules] Rules. The Enforcement Rules shall be applicable to an attorney admitted under this rule.
[Pa.B. Doc. No. 09-872. Filed for public inspection May 15, 2009, 9:00 a.m.]
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