7/11/18 N.Y. St. Reg. Court Notices

NY-ADR

7/11/18 N.Y. St. Reg. Court Notices
NEW YORK STATE REGISTER
VOLUME XL, ISSUE 28
July 11, 2018
COURT NOTICES
 
AMENDMENT OF RULE
Court of Appeals
At a session of the Court, held at Court of Appeals Hall in the City of Albany, on the 25th day of June, 2018.
HON. JANET DiFIORE, Chief Judge presiding.
In the Matter of The Amendment of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law and for the Licensing of Legal Consultants.
Pursuant to section 53 of the Judiciary Law, it is hereby
ORDERED that Part 520 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law (22 NYCRR Part 520) and Part 521 of the Rules of the Court of Appeals for the Licensing of Legal Consultants (22 NYCRR Part 521) are amended, effective July 11, 2018, or as soon thereafter as section 52 of the Judiciary Law is complied with, by deleting the bracketed material and adding the underlined material to sections 520.10(b)(1), 520.12, and 521.2(c).
§ 520.10 Admission Without Examination
(b) Proof Required. An applicant for admission under this section shall file with the Clerk of the Appellate Division of the department in which, as shown by the papers filed by the applicant with the department, the applicant resides or, if not a resident of the state in which such papers show that the applicant is employed full-time or, if such papers do not show that the applicant resides or is employed full-time in the State, the Appellate Division of the Third Department:
(1) [a certificate from the clerk of the highest court of the] a certificate of good standing from each state, territory, district or foreign country in which applicant has been admitted to practice as an attorney and counselor-at-law or the equivalent, certifying to applicant's admission to practice and the date thereof; and
§ 520.12 Proof of Moral Character
(a) General. Every applicant for admission to practice must file with a committee on character and fitness appointed by the Appellate Division of the Supreme Court [affidavits] affirmations of reputable persons that the applicant possesses the good moral character and general fitness requisite for an attorney- and counselor-at-law as required by section 90 of the Judiciary Law. The number of such [affidavits] affirmations and the qualifications of persons acceptable as [affiants] affirmants shall be determined by the Appellate Division to which the applicant has been certified.
(b) [Affidavits] Affirmations. The [affidavits] affirmations filed shall state that the applicant is, to the knowledge of the [affiant] affirmant, a person of good moral character and possesses the general fitness requisite for an attorney- and counselor-at-law and shall set forth in detail the facts upon which such knowledge is based. Such [affidavits] affirmations shall not be conclusive proof as to character and fitness, and the Appellate Division to which the applicant has been certified may inquire further through its committee on character and fitness or otherwise.
(c) Discretion of Appellate Division. The Appellate Division in each department may adopt for its department such additional procedures for ascertaining the moral character and general fitness of applicants as it may deem proper, which may include submission of a report of the National Conference of Bar Examiners.
(d) Time to File Admission Application.
(1) Every applicant for admission to practice, other than applicants for admission without examination pursuant to section 520.10 of this Part, shall file a complete application for admission, including the [affidavits] affirmations required under subdivision (a) and any additional material required under subdivision (c) of this section, within three years from the date when the applicant sits for the second day of the Uniform Bar Examination, whether taken in New York or in another jurisdiction. The requirements of this subdivision shall not apply to any applicant for admission who has passed the New York State bar examination administered prior to July 2016.
(2) Any applicant for admission to practice who has passed the New York State bar examination administered prior to July 2016 shall file a complete application for admission, including the [affidavits] affirmations required under subdivision (a) and any additional material required under subdivision (c) of this section, within three years from the date of the letter sent by the New York State Board of Law Examiners notifying the applicant that the applicant has passed the bar examination.
§ 521.2 Proof Required
(c) if either such certificate or such letter is not in English, an English translation that either is duly authenticated or includes a statement by the translator setting forth the translator's qualifications and certifying that the translation is accurate [a duly authenticated English translation of such certificate and such letter if, in either case, it is not in English]; and
End of Document