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Rule 14-804

Rule 14-804. Special admissionexception for military lawyers.

(a) Exception for militarylawyers to practice in Utah. A lawyer admitted to the practice of law in astate or territory of the United States or of the District of Columbia, who isa full-time active duty military officer serving in the Office of a Staff JudgeAdvocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, aNaval Legal Service Office or a Trial Service Office, located in Utah, may,upon application to the Bar and Supreme Court certification, appear as a lawyerand practice law before the courts of Utah in any civil matter or civillitigation, or in a civil administrative proceeding, subject to the conditionsand 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 inthe form and manner that may be prescribed by the Board of Bar Commissioners;

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

(b)(3) furnishing whateveradditional information or proof that may be required in the course of processingthe application; and

(b)(4) paying a $10 processingfee.

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

(d) Prohibition on holdingforth. Military lawyers admitted to practice pursuant to this Rule are not, andshall not represent themselves to be, members of the Bar nor represent thatthey are licensed to generally practice law in Utah.

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

(f) Prohibition oncompensation. Military lawyers admitted pursuant to this rule may not demand orreceive any compensation from clients in addition to the military pay to whichthey are already entitled.

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

(h) Termination of privilegeand certification.

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

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

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

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