NY State Senate Bill 2021-S3350

Senate Bill S3350

2021-2022 Legislative Session

Relates to temporarily admitting certain attorneys graduating from law school or taking the bar exam during the COVID-19 state disaster emergency

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Jan 29, 2021	referred to judiciary

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2021-S3350 (ACTIVE) - Details

See Assembly Version of this Bill:: A2053
Current Committee:: Senate Judiciary
Law Section:: Judiciary
Versions Introduced in 2019-2020 Legislative Session:: S8827, A10846

2021-S3350 (ACTIVE) - Summary

Relates to temporarily admitting certain attorneys graduating from law school or taking the bar exam during the COVID-19 state disaster emergency; such attorney may be admitted on a permanent basis if they remain in good standing under section 90 of the judiciary law and work at least 100 hours under the supervision of a permanently admitted attorney.

2021-S3350 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3350

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 COVID19
state of emergency and the provision of a temporary license to practice
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, 2022, 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:

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 Examination; 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 graduates who
remain in good standing and practice law for a minimum oú I00 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:

S.8827-A of 2020 (Hoylman): Died in Rules
A.10846 of 2020 (Simon):  Died in Judiciary

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on September 30, 2022 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.

2021-S3350 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3350
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BENJAMIN,  BIAGGI,  GAUGHRAN, GIANARIS,
   GOUNARDES, HARCKHAM, JACKSON,  KRUEGER,  MAY,  MAYER,  MYRIE,  PARKER,
   PERSAUD,  RAMOS, RIVERA, SALAZAR, SEPULVEDA, SKOUFIS, STAVISKY -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Judiciary

 AN ACT in relation to temporarily admitting certain attorneys graduating
   from  law  school  or  taking  the  bar exam during the COVID-19 state
   disaster emergency; and providing for the repeal  of  such  provisions
   upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any provision of law, rule,  or  regulation
 to  the  contrary, 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,  has  demonstrated
 compliance  with section 520.9 of the rules of the court of appeals, and
 has satisfied the requirements for  good  moral  character  and  general
 fitness  requisite  for an attorney- and counselor-at-law as required by
 section 90 of the judiciary law and who intends  to  primarily  practice
 law  in  the  state of New York shall be admitted to practice in all the
 courts of record of the state on a temporary basis.   An individual  who
 remains  in good standing in accordance with section 90 of the judiciary
 law and practices law for a minimum of 100 hours under  the  supervision
 of  a  permanently admitted attorney, who shall submit an affirmation of
 the nature and extent of the supervision to the committee  on  character
 and  fitness and shall, upon such completion of such supervision, trans-
 mit the candidate's credentials to  the  appellate  division,  shall  be
 admitted to practice in all courts of record of the state on a permanent
 basis. Such submission shall not be made earlier than three months after
 having  completed the requisite number of supervised hours.  Such super-
 vised work shall be completed no later than 18  months  after  September
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01187-01-1

 S. 3350                             2
 
 30,  2022  or  such  date as the COVID-19 state disaster emergency ends,
 whichever is later.
   §  2.  Nothing  contained in this act shall be construed as rescinding
 any rules promulgated  or  waivers  thereof  by  the  court  of  appeals
 pertaining to admission to practice as an attorney- and counselor-at-law
 that are not inconsistent with this act.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed on September 30, 2022 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  modifica-
 tions  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.

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