Rule 14-804. Special admission exception for military lawyers.

(a) Exception for military lawyers to practice in Utah. A lawyer admitted to the practice of law in a state or territory of the United States or of the District of Columbia, who is a full-time active duty military officer serving in the Office of a Staff Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, a Naval Legal Service Office or a Trial Service Office, located in Utah, may, upon application to the Bar and Supreme Court certification, appear as a lawyer and practice law before the courts of Utah in any civil matter or civil litigation, or in a civil administrative proceeding, subject to the conditions and limitations set forth in this Rule.

(b) Application requirements. The applicant must be of good moral character and shall apply to the Bar by:

(b)(1) filing an application in the form and manner that may be prescribed by the Board of Bar Commissioners;

(b)(2) presenting satisfactory proof of admission to the practice of law and current good standing as a member of the licensing bar in any state or territory of the United States or the District of Columbia;

(b)(3) furnishing whatever additional information or proof that may be required in the course of processing the application; and

(b)(4) paying a $10 processing fee.

(c) Certification. Permission for an applicant to practice law shall become effective upon approval by the Bar and certification by the Supreme Court.

(d) Prohibition on holding forth. Military lawyers admitted to practice pursuant to this Rule are not, and shall not represent themselves to be, members of the Bar nor represent that they are licensed to generally practice law in Utah.

(e) Scope of representation permitted. Military lawyers admitted pursuant to this rule may represent active duty military personnel in enlisted grades E-1 through E-4 and their dependents, who are under substantial financial hardship, in non-criminal matters to the extent such representation is permitted by the supervisory Staff Judge Advocate or Commanding Officer of the Naval Legal Service Office or the Commanding Officer of the Trial Service Office. They may also engage in such other preparatory activity as is necessary for any matter in which the military attorney is involved. Other active duty military personnel and their dependents may be represented if expressly approved in writing by the Service Judge Advocate General or his or her designee.

(f) Prohibition on compensation. Military lawyers admitted pursuant to this rule may not demand or receive any compensation from clients in addition to the military pay to which they are already entitled.

(g) Jurisdiction and authority. The practice of a lawyer admitted under this rule shall be subject to the Utah Rules of Professional Conduct and Article 5, Lawyer Discipline and Disability, and to all other applicable laws and rules governing lawyers admitted to the Bar. Jurisdiction shall continue whether or not the military lawyer retains the privilege to practice in Utah and irrespective of the residence or domicile of the military lawyer.

(h) Termination of privilege and certification.

(h)(1) The military lawyer's privilege to practice under this rule:

(h)(1)(A) may be terminated by the Supreme Court at any time with or without cause; or

(h)(1)(B) shall be terminated when the military lawyer ends active duty military service in Utah.

(h)(2) The lawyer admitted under this rule and his or her supervisory Staff Judge Advocate or his or her Commanding Officer are responsible to advise the Bar and the Supreme Court of any change in status of the lawyer that may affect his or her privilege to practice law under this rule.