Bill Text: MI SB0195 | 2017-2018 | 99th 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 936 (MCL 600.937 et seq.) & adds sec. 945.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-28 - Referred To Committee On Judiciary [SB0195 Detail]
Download: Michigan-2017-SB0195-Introduced.html
SENATE BILL No. 195
February 28, 2017, Introduced by Senator CASPERSON and referred to the Committee on Judiciary.
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 2 years of
study, consisting of not less than 60 "semester hours" or 90
"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 it 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 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.