Bill Text: MI HB5309 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Occupations: attorneys; eligibility requirements for attorney licensed in another state to practice law in Michigan; modify. Amends secs. 937, 940 & 946 of 1961 PA 236 (MCL 600.937 et seq.) & adds sec. 945.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-09-22 - Bill Electronically Reproduced 09/21/2021 [HB5309 Detail]
Download: Michigan-2021-HB5309-Introduced.html
HOUSE BILL NO. 5309
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 937, 940, and 946 (MCL 600.937, 600.940, and 600.946) and by adding section 945.
the people of the state of michigan enact:
Sec. 937. Every Except as provided in section 945, an applicant for admission to the bar is required to have completed successfully prior to commencement of his successfully completed, before beginning his or her legal education, at least not less than 2 years of study, consisting of not less than 60 "semester semester hours " or 90 "quarter quarter hours " of study in courses for which credit towards a collegiate degree is given, either in an accredited college authorized under the laws of the state in which the college is located to grant collegiate degrees, or in a junior college or other school from which students who have successfully completed such those 2 years of study are accepted as regular third-year students by any accredited college in this state that is authorized by law to grant collegiate degrees.
Sec. 940. (1) Every Except as provided in section 945, an applicant for examination is required to be a graduate from a reputable and qualified law school duly incorporated under the laws of located in this state, or another state or territory of the United States, or the District of Columbia. , of the United States of America.
(2) If an applicant is called into or volunteers for the armed forces Armed Forces of the United States, of America, and has completed successfully 2 1/2 2-1/2 years of the course of study as a full-time student, or 3 1/2 3-1/2 years of the course of study as a part-time student, in any such a law school described in subsection (1), the board of law examiners , in its discretion may allow such the applicant to be examined for the bar prior to such before his or her graduation, but shall withhold certification until after his or her graduation.
Sec. 945. An individual who is duly licensed to practice law in the court of last resort of any other state or territory of the United States or the District of Columbia may apply for examination in this state without meeting the education requirements described in section 937 or 940 if he or she proves all of the following to the satisfaction of the board of law examiners:
(a) He or she has not been suspended or discharged from the bar of another state or territory of the United States or the District of Columbia or from the bar of any federal court of the United States.
(b) He or she is a person of good moral character. As used in this subdivision, "good moral character" means good moral character as defined and determined under 1974 PA 381, MCL 338.41 to 338.47.
(c) He or she is 18 years of age or older.
(d) He or she has sufficient general education and learning in the law to enable him or her to practice law in the courts of record of this state. In determining whether the board of law examiners is satisfied that an individual has proved that he or she meets this subdivision, the board of law examiners shall apply a rebuttable presumption that an individual who has successfully passed the bar examination in another state or territory of the United States or the District of Columbia has sufficient general education and learning in the law to enable him or her to practice law in the courts of record of this state.
(e) He or she has the current fitness and ability to enable him or her to practice law in the courts of record of this state.
Sec. 946. (1) Any person An individual who is duly licensed to practice law in the court of last resort of any other state or territory of the United States or the District of Columbia, of the United States of America, and who applies for admission to the bar of this state without examination, is required to prove all of the following to the satisfaction of the board of law examiners: that:
(a) (1) He or she is a member in good standing at of the bar of such that other state, territory, or district , and has the qualifications as to moral character, citizenship, age, general education, fitness, and ability required for admission to the bar of this state. ; and
(b) (2) He or she intends in good faith either to maintain an office in this state for the practice of law, and to practice actively law in this state , or to engage in the teaching of law as a full-time instructor in a reputable and qualified law school duly incorporated under the laws of located in this state. ; and
(c) (3) His Subject to subsections (2) and (3), his or her principal business or occupation for at least 3 not less than 36 months of the 5 years immediately preceding his or her application has been either the was any of the following:
(i) The active practice of law in such that other state, territory, or district. or the
(ii) The teaching of law as a full-time instructor in a reputable and qualified law school duly incorporated under the laws of located in this or some other state, another state or a territory of the United States, or the District of Columbia. , of the United States of America, or that period of active
(iii) Active service, full-time as distinguished from active duty for training and reserve duty, in the armed forces Armed Forces of the United States, during which the applicant was assigned to and discharged the duties of a judge advocate, legal specialist, or legal officer by any other designation, shall be considered as the practice of law for the purposes of this section, which if that assignment and the inclusive dates thereof shall be of that assignment are certified to by the judge advocate general or comparable officer of the armed forces concerned or by the principal assistant to whom this certification may be authority is delegated. ; or any
(iv) Any combination of time periods of practice thereof. engaged in more than 1 of the principal businesses or occupations described in subparagraph (i), (ii), or (iii).
(2) The supreme court may, in its discretion, on special motion and for good cause shown, increase said the 5-year period described in subsection (1)(c).
(3) Any period of active service in the armed forces Armed Forces of the United States not meeting that does not meet the requirements of duty in the armed forces as herein stated described in subsection (1)(c)(iii) may be excluded from the 5-year period above prescribed described in subsection (1)(c) and the period extended accordingly.
