(1)For purposes of this rule, the spouse of active military is defined as thespouse of an active duty service member of the UnitedStates Uniformed Services, as defined by the Department of Defense, and theservice member has received military orders for a permanent change of stationto reside in Utah.
(2)Absent admission under Rules 14-701 et seq., the spouse of an activemember of the military (?Military Spouse Attorney?) may be admitted to practicelaw in Utah without taking the Bar Examination.
(3)The defined terms set forth in Rule 14-701 are incorporated into this rule.
(4)The burden of proof is on the applicant for military spouse admission toestablish by clear and convincing evidence that the applicant:
(F)is of good moral character, satisfies the requirements of Rule 14-708, and hasnot previously been denied admission by the Utah State Bar or engaged in theunauthorized practice of law in Utah;
(H) isan active member in good standing in at least one state or territory of theU.S. or the District of Columbia and is a member in good standing in alljurisdictions where currently admitted;
(I)has a proven record of ethical, civil and professional behavior and has neverbeen disbarred or resigned with discipline pending, or their equivalent, in anyjurisdiction and is not currently subject to lawyer discipline or the subjectof a pending disciplinary matter;
(J)if intending to practice pending admission, has identified an active member ofthe Bar in good standing who has agreed to actively supervise the MilitarySpouse Attorney in accordance with the supervisory requirements specified insubsection (b) of this rule, as evidenced by a verification signed by both theMilitary Spouse Attorney and the supervising attorney; and
(K) complies withthe provisions of Rule 14-716 concerning licensing and enrollment fees.
(1)While a Military Spouse Attorney?s application is pending, the Military SpouseAttorney may practice law in Utah upon issuance of a Certificate WhileApplication is Pending under subsection (c).
(2)While practicing with application pending, the Military Spouse Attorney must befully supervised by an active member of the Bar in good standing as set forthin this rule. Required supervision ceases upon the Military Spouse Attorney?sadmission to the Bar under this rule.
(3)For the duration of the supervision, the supervising attorney shall:
(B) be includedby name on all pleadings and papers.
(1)An application under this rule may be filed at any time.
(2)The Bar will promptly conduct a preliminary character and fitness review of acompleted application submitted by a Military Spouse Attorney.
(3)Upon satisfactory completion of the preliminary review and upon confirming thatthe Military Spouse Attorney is present in Utah, the Bar will issue aCertificate While Application is Pending to the applicant.
(A)The Certificate While Application is Pending authorizes the MilitarySpouse Attorney to begin practice in accordance with this rule while theapplication is pending.
(B)The Certificate expires 120 days after issuance, but a new certificate may beissued if the applicant has not been dilatory in supplying required informationduring the processing of the application.
(1)The Bar may by regulation specify the number of the required 15 hours that mustbe in particular areas of practice, procedure, ethics, andcivility. Included in this mandatory 15 hours is attendance at theBar?s OPC ethics school.
(2)On an ongoing basis, attorneys admitted under this rule must comply with thecontinuing legal education requirements imposed on lawyers under Article 4.
(1)A Military Spouse Attorney with less than two years of Active Practice whenadmitted must obtain a mentor and complete the New Lawyer Training Program(NLTP) as outlined in Rules 14-404 and 14-808.
(2)A Military Spouse Attorney with less than two years of Active Practice who hasnot presented an MBE score above 134 or UBE score above 269 must be affiliatedat all times with an active member of the Bar in good standing who has agreedto supervise the Military Spouse Attorney and assume full responsibility forall matters handled by the Military Spouse Attorney. A MilitarySpouse Attorney subject to this supervision requirement must also enroll in theBar?s approved professional liability insurance program or obtain equivalentinsurance coverage.
(1)six months after the military service member is permanently transferred outsideUtah on military orders with dependents authorized, unless the transfer is aremote follow-on assignment and the Military Spouse Attorney remains in Utahduring the service member?s remote assignment;
(2)ninety days after:
(B) the MilitarySpouse Attorney ceases to be a dependent as defined by the United StatesDepartment of Defense;
(3)thirty days after the Military Spouse Attorney permanently relocates outsideUtah for a reason other than the military service member?s permanent change ofstation;
(4) immediately upon:
(D) admission tothe Bar under any other rule; or
(E) an orderof termination by any disciplinary proceeding in Utah or upon disbarment orsuspension of any other license of the Military Spouse Attorney from anotherjurisdiction.
EffectiveNovember 12, 2020.