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THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE LAW
[204 PA. CODE CH. 71]

Adoption of Rule 303 of the Pennsylvania Bar Admission Rules; No. 336 Supreme Court Rules; Doc. No. 1

[34 Pa.B. 3102]

Order

Per Curiam:

And Now, this 2nd day of June, 2004, the Pennsylvania Bar Admission Rules are amended by the adoption of Rule 303, to read as follows.

To the extent that notice of proposed rulemaking would be required by Pennsylvania Rule of Judicial Administration No. 103 or otherwise, the immediate adoption of Pa. B.A.R. 303 is hereby found to be required in the interest of justice and efficient administration. This Order shall be processed in accordance with Pennsylvania Rule of Judicial Administration No. 103(b) and shall be effective immediately.

Annex A

TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE LAW

CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES

Subchapter C. RESTRICTED PRACTICE OF LAW

IN GENERAL

Rule 303. Limited Admission of Military Attorneys.

   A.  General Rule. Subject to the conditions and limitations set forth in this rule, a limited admission to practice law before the courts of this Commonwealth shall be granted to an attorney who is:

   1.  a full-time active duty military officer, serving in the office of the Staff Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, or a Naval Legal Service Office, located in the Commonwealth of Pennsylvania, or

   2.  a member of a reserve or national guard legal unit, even if not on full-time active duty, while associated with and performing services under the aegis of an established Expanded Legal Assistance Program (ELAP) located in the Commonwealth of Pennsylvania.

   B.  Application. An application for limited admission to practice under this rule shall be made on behalf of the applicant by the Staff Judge Advocate of the military installation to which the applicant is assigned by filing a motion with the Prothonotary on a form prescribed by the board and accompanied by:

   1.  documentation from the highest court of another state showing that the applicant is admitted to practice law and is on active status in such state at the time of filing the application;

   2. a certificate of good standing from the highest court or the agency having jurisdiction over admission to the bar and the practice of law in every jurisdiction in which the applicant has been admitted to practice law, stating that the applicant is in good professional standing at the bar of such court or such state;

   3.  proof that the applicant has completed at least 15 credit hours of approved continuing legal education in subjects relating to Pennsylvania practice, procedure and professional responsibility.

   C.  Action. If the motion and required documents are in proper order, the Prothonotary shall enter the name of the applicant upon the docket of persons specially admitted to the bar of this Commonwealth subject to the restrictions of this rule and shall issue a limited certificate of admission in evidence thereof.

   D.  Scope of Practice. Military lawyers granted limited admission to practice law pursuant to this rule may represent active duty military personnel in enlisted grades E-1 through E-4, their dependents, and such other active duty military personnel and their dependents, who are under substantial financial hardship, before the courts and district justices of this Commonwealth in civil matters and administrative proceedings to the extent such representation is permitted by the supervisory Staff Judge Advocate or Commanding Officer. Admission to practice under this rule shall be limited to the matters specified in the preceding sentence and military lawyers admitted to practice pursuant to this rule shall not represent themselves to be members of the bar of this Commonwealth. Attorneys who are practicing under this rule shall not demand or receive any compensation from clients in addition to usual military pay to which they are entitled.

   E.  Expiration of Admission. The right to practice under this rule shall be limited to a period of four years unless extended by the Prothonotary for an additional four years upon written request of the Staff Judge Advocate of the military installation to which the applicant is assigned and shall cease when:  (1) the applicant is admitted to the bar of this Commonwealth under any other rule; (2) the applicant fails to continue to meet the requirements of Sections B(1) and (2) above; (3) when a full-time active duty military officer licensed under this rule ceases to be stationed in Pennsylvania or (4) when a member of a reserve or national guard unit ceases to provide legal services under an established Expanded Legal Assistance Program located in Pennsylvania. When a military lawyer ends active duty military service in this state, or a member of a reserve or national guard unit ceases to provide legal services under an ELAP program, a written statement to that effect shall be filed with the Prothonotary by the Staff Judge Advocate of the military installation to which the applicant had been assigned.

   F.  Status. An attorney admitted under this rule is subject to the Rules of Professional Conduct and the Rules of Disciplinary Enforcement but shall not be required to pay the annual fee that is required to be paid by active attorneys who are admitted to practice in this Commonwealth.

[Pa.B. Doc. No. 04-1055. Filed for public inspection June 18, 2004, 9:00 a.m.]



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