BILL NUMBER: S8827

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act in relation to temporarily admitting certain attorneys graduating
from law school or taking the bar exam during the COVID-19 state disas-
ter emergency; and providing for the repeal of such provisions upon
expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This act will establish for the period of the state emergency declared
in connection with the COVID-19 pandemic a temporary diploma privilege
for individuals who graduate from American Bar Association accredited
law schools, or who have applied for admission during the period of the
state of emergency, and who will upon completion of a specified hours of
supervision by an attorney in good standing be admitted to the bar.

 
SUMMARY OF SPECIFIC PROVISIONS:

              

Section one provides for the waiver of the NY Bar Examination for all
applicants for the New York bar during the period covered by the COVID-
19 state of emergency and the provision of a temporary license to prac-
tice law which shall, upon completion of 100 hours under the supervision
of a permanently admitted attorney, become permanent.

Section two provides for the retention of all rules promulgated or waiv-
ers thereof by the New York Court of Appeals to the admission for attor-
neys to practice law in the State of New York that are not inconsistent
with Section one above.

Section three provides that the temporary diploma privilege and path to
permanent licensing provided for by this Act shall expire on the later
of September 30, 2021, or upon the expiration of the COVID-19 state
disaster emergency, as declared pursuant to executive order number 202
of 2020, and any extensions, amendments or modifications thereto, and
shall include any individual whose application for admission is pending
at the time the state of emergency concludes.

 
JUSTIFICATION:

As of July 20, 2020, New York State has cancelled the in-person bar exam
for law graduates seeking admission to practice law in the state that
was originally scheduled for July 2020 and had previously been delayed
to September 9-10, 2020. At the time of this bill's introduction, the
New York State Court of Appeals had not yet announced a backup plan to
the cancelled bar exam, though a Task Force has been convened by the
Court to examine the issue and make recommendations.

Amid the uncertainty over the test's administration, law graduates are
reporting that the already-stressful bar exam preparation has been
compounded by personal challenges ranging from their own health and
wellbeing to financial hardship to increased caregiving responsibil-
ities. Allowing temporary practice with an alternate path to permanent
admission to practice law, as proposed in this bill, would give law
graduates a reprieve from further delays in admittance, while retaining
the Court of Appeals' prerogative to set standards for the profession.

Under this bill, as long as there is an extent state of Emergency
related to COVID-19, any person who has graduated or will graduate from
an American Bar Association accredited law school or who would otherwise
be eligible to take the New York State Bar Examination during the
COVID-19 State of Emergency shall be admitted to temporarily practice
law in New York State if they: take and pass the New York Law Course,
the New York Law Examination, and the Multistate Professional Responsi-
bility Examina- tion; satisfy the requirements of good moral character
and general fitness required by section 90 of the Judiciary Law; and
intend to primarily practice law in the State of New York. Such gradu-
ates who remain in good standing and practice law for a minimum of 100
hours under the supervision of a permanently admitted attorney are
eligible for permanent admission to practice law without the need to
take the bar exam.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on September 30, 2021 or upon the expiration of the COVID-19
state disaster emergency, as declared pursuant to Executive Order Number
202 of 2020, and any extensions, amendments or modifications thereto,
whichever is later; and the provisions of this act shall apply to any
individual whose application for admission to the New York state bar is
pending on such date.