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Rule 14-804. Registered military legal assistance certificationfor military lawyers.

(a) Certificationfor military lawyers to practice in Utah. A lawyer admitted to the practiceof law in a state or territory of the United States or of the District ofColumbia, who is serving in or employed by the United States Uniformed Servicesand authorized to provide legal assistance by federal statute or militaryregulation (?military lawyer?), may obtain a Registered Military LegalAssistance Certificate to represent clients before courts and agencies in Utahwhen the military lawyer is employed, stationed, or assigned at a militaryinstallation in Utah.

(b) Applicationrequirements. The military lawyer must be of good moral character and shallapply to the Bar by:

(b)(1) filing anapplication in the form and manner prescribed by the Bar;

(b)(2) presentingproof that the military lawyer is employed, stationed, or assigned at amilitary installation in Utah;

(b)(3) presenting satisfactory proof ofadmission to the practice of law before the highest court of a state orterritory of the United States or the District of Columbia and submittingcertification that the military lawyer is in good standing in all jurisdictionswhere currently admitted and is not currently subject to attorney discipline orthe subject of a pending disciplinary matter in any jurisdiction;

(b)(4) certifying the applicant has not beenpreviously denied admission to the Bar;

(b)(5) submitting an affidavit from themilitary lawyer?s commanding officer, staff judge advocate, or chief legalofficer of the military installation in Utah attesting that the military lawyerwill serve as a lawyer exclusively to provide legal services as authorized byfederal statute or military regulation, and that the military lawyer?scommanding officer, staff judge advocate, or chief legal officer will notifythe Bar within ten days of the termination of the lawyer?s military employmentor service in Utah; and

(b)(6) furnishingwhatever additional information or proof that may be required in the course ofprocessing the application.

(c) Certification.Upon determination by the Bar that a military lawyer has satisfied therequirements of this rule, the military lawyer will be issued a RegisteredMilitary Legal Assistance Certificate.

(d) Prohibitionon holding forth. Military lawyers admitted to practice pursuant to this ruleare not, and shall not represent themselves to be, members of the Bar norrepresent that they are licensed to generally practice law in Utah.

(e) Scopeof authorized representation. Military lawyers certified pursuant to thisrule are authorized to appear before a court or agency in Utah as counsel forclients eligible to receive military legal assistance by federal statute ormilitary regulation in any matter permitted by that federal statute or militaryregulation and authorized by the military lawyer?s commanding officer, staffjudge advocate, or chief legal officer, or upon the consent of the applicablecourt or agency.

(f) Jurisdictionand authority. The practice of a lawyer admitted under this rule shall besubject to the Utah Rules of Professional Conduct and Article 5, LawyerDiscipline and Disability, and to all other applicable laws and rules governinglawyers admitted to the Bar. Jurisdiction shall continue whether or not themilitary lawyer retains the privilege to practice in Utah and irrespective ofthe residence or domicile of the military lawyer.

(g) Mandatorydisclosures. A military lawyer certified under this rule must report to theBar within 10 days;

(g)(1) any event listed in subsection (h) ofthis rule;

(g)(2) any change in bar membership statusin any jurisdiction where the attorney has been admitted to the practice oflaw;

(g)(3) theimposition of any permanent or temporary professional disciplinary sanction byany jurisdiction; or

(g)(4) any changein status that may affect the lawyer?s privilege to practice under this rule.

(h) Terminationof certification. The military lawyer's privilege to practice under thisrule may be terminated upon completion of a disciplinary proceeding with anadverse determination in Utah or shall terminate upon any of the followingevents:

(h)(1) the lawyerseparates or retires from the United States Uniformed Services;

(h)(2) the lawyer is no longer employed,stationed, and assigned at a military installation in Utah;

(h)(3) the lawyerfails to remain in good standing in any jurisdiction where the lawyer has beenadmitted to practice law; or

(h)(4) the SupremeCourt orders the termination of the certificate at any time, with or withoutcause.

 

EffectiveMay 1, 2019