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Rule14-805. Admission for spouse of active military stationed inUtah.

(a) Requirementsfor admission of spouses of active military with permanent change of stationorders to serve in Utah.

(a)(1)For purposes of this rule, the spouse of active military is defined as thespouse of an active duty service member of the United States Uniformed Services,as defined by the Department of Defense, and the service member has receivedmilitary orders for a permanent change of station to reside in Utah.?

(a)(2)Absent admission under Rules 14-701 etseq., the spouse of an active member of the military (?Military SpouseAttorney?) may be admitted to practice law in Utah without taking the BarExamination.?

(a)(3)The defined terms set forth in Rule 14-701 are incorporated into this rule.

(a)(4)The burden of proof is on the applicant for military spouse admission toestablish by clear and convincing evidence that the applicant:

(a)(4)(A)has paid half the prescribed application fees, whichshall be credited toward Bar dues upon licensure, and filed the requiredComplete Military Spouse Application;

(a)(4)(B)has graduated with a First Professional Degree in lawfrom an Approved Law School;

(a)(4)(C)has been admitted to the practice of law before thehighest court of a U.S. state, territory or the District of Columbia;

(a)(4)(D)does not qualify for admission by motion under Rule14-705 or admission by the transfer of a UBE score under Rule 14-712;

(a)(4)(E)has presented any score from the Multistate BarExamination (MBE) or Uniform Bar Examination (UBE), as defined by Rule 14-701,that applicant may have used to obtain admission to the practice of law in ajurisdiction other than Utah;

(a)(4)(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;

(a)(4)(G)has successfully passed the MPRE in accordance withRule 14-713;

(a)(4)(H)? is an active member in good standing in at leastone state or territory of the U.S. or the District of Columbia and is a memberin good standing in all jurisdictions where currently admitted;

(a)(4)(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;

(a)(4)(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

(a)(4)(K)complies with the provisions of Rule 14-716 concerninglicensing and enrollment fees.

(b) Certificatewhile application is pending; required supervision.

(b)(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).

(b)(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 forth inthis rule. Required supervision ceases upon the Military Spouse Attorney?sadmission to the Bar under this rule.

(b)(3)For the duration of the supervision, the supervising attorney shall:

(b)(3)(A)assume full responsibility for all matters to behandled by the Military Spouse Attorney; and

(b)(3)(B)be included by name on all pleadings and papers.

(c) Timingand processing of application.?

(c)(1)An application under this rule may be filed at any time.

(c)(2)The Bar will promptly conduct a preliminary character and fitness review of acompleted application submitted by a Military Spouse Attorney.

(c)(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.?

(c)(3)(A)The Certificate While Application is Pendingauthorizes the Military Spouse Attorney to begin practice in accordance withthis rule while the application is pending.

(c)(3)(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.

(d) Jurisdictionand Authority.? The practice of alawyer admitted under this rule shall be subject to the Utah Rules ofProfessional Conduct and Article 5, Lawyer Discipline and Disability, and toall other applicable laws and rules governing lawyers admitted to the Bar.Jurisdiction shall continue whether or not the Military Spouse Attorney retainsthe privilege to practice in Utah and irrespective of the residence or domicileof the Military Spouse Attorney.

(e) Continuinglegal education.? Applicants admittedunder this rule who have two or more years of legal practice shall complete,document, and certify no later than six months following admission havingattended at least 15 hours of continuing legal education on Utah practice andprocedure and on ethics and civility requirements.?

(e)(1)The Bar may by regulation specify the number of the required 15 hours that mustbe in particular areas of practice, procedure, ethics, and civility.? Included in this mandatory 15 hours isattendance at the Bar's OPC ethics school.

(e)(2)On an ongoing basis, attorneys admitted under this rule must comply with thecontinuing legal education requirements imposed on lawyers under Article 4.

(f) Mentoringand Supervision.?

(f)(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.?

(f)(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 Military Spouse Attorney subject to thissupervision requirement must also enroll in the Bar?s approved professionalliability insurance program or obtain equivalent insurance coverage.

(g) Annuallicensing.? An attorney admittedunder this rule is subject to annual licensing and enrollment fees and, duringthe annual licensing period, must provide to the Bar proof of continuingcompliance with (a)(8) through (a)(10).

(h) Mandatorystatus reporting.? An attorneyadmitted under this rule and any required supervising attorney are eachresponsible for notifying the Bar in writing within 21 days of any change thatmay affect the Military Spouse Attorney?s license to practice law under thisrule.

(i) Terminationof license to practice in Utah.? AMilitary Spouse Attorney?s license terminates and a Military Spouse Attorneymust cease all activities under this rule:

(i)(1) six months after the military service member ispermanently transferred outside Utah on military orders with dependentsauthorized, unless the transfer is a remote follow-on assignment and theMilitary Spouse Attorney remains in Utah during the service member?s remoteassignment;

(i)(2) ninety days after:

(i)(2)(A) the military servicemember dies, separates, or retires from the United States Uniformed Services;

(i)(2)(B) the Military SpouseAttorney ceases to be a dependent as defined by the United States Department ofDefense;

(i)(3) thirty days after the Military Spouse Attorneypermanently relocates outside Utah for a reason other than the military servicemember?s permanent change of station;

(i)(4) immediately upon:

(i)(4)(A) failure to comply withsubsection (g);

(i)(4)(B) failure to maintain anactive license in at least one other U.S. state, territory, or the District ofColumbia;

(i)(4)(C) any termination ofsponsorship by a supervising attorney if required by subsection (b), or thefailure of a supervising attorney to be an active member of the Bar in goodstanding;

(i)(4)(D) admissionto the Bar under any other rule; or

(i)(4)(E) an order of termination byany disciplinary proceeding in Utah or upon disbarment or suspension of anyother license of the Military Spouse Attorney from another jurisdiction.

(j) Requiredaction after termination.? Upontermination of a license to practice under this rule, the Military SpouseAttorney must comply with Rule 1.16 of the Utah Rules of Professional Conduct,including the transfer of pending matters, written notice to clients andnotification of courts, as required or necessary under the circumstances.

(k) Failureto satisfy the notice and termination of practice requirements. Failure tosatisfy the notice and termination of practice requirements set forth insubsections (e), (h), and (i) may subject a MilitarySpouse Attorney to discipline, including the termination of a license grantedunder this rule.

(l) Reinstatementafter termination of license. A Military Spouse Attorney whose license wasterminated pursuant to paragraph (i) shall have the license reinstated if,within six months, the Military Spouse Attorney demonstrates compliance withall the requirements of this rule upon termination of the license and that theterminating event has been cured.

(m) Servicetime and exception to admission by motion rule.? Any period of time a Military Spouse Attorneypractices under this rule counts under all rules measuring a lawyer?s timepracticing law or as a member of the Bar, including Rules 14-203 and 14-705,provided that the Military Spouse Attorney has never engaged in theunauthorized practice of law in Utah.?

 

Effective May 1, 2019