PRINTER'S NO. 3956
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
1041
Session of
2018
INTRODUCED BY PHILLIPS-HILL, COX, GROVE, JAMES, D. MILLER,
READSHAW AND WARD, SEPTEMBER 10, 2018
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 10, 2018
A RESOLUTION
Urging the Pennsylvania Supreme Court to consider the adoption
of rules specifically regarding the admission of individuals
to the bar and the practice of law in circumstances involving
an attorney who is licensed in another jurisdiction and who
is a spouse of a member of the armed forces of the United
States who is serving on active duty within this
Commonwealth.
WHEREAS, Military families are geographically insecure,
moving every two to three years, often with tours overseas; and
WHEREAS, Moves are based on the needs of the military service
and are mandatory for the service member; and
WHEREAS, Although the spouse and children of a service member
may technically refuse to move, that decision causes obvious
hardships on families already often separated by deployments;
and
WHEREAS, Attorneys are required to be licensed in each state
where they practice; and
WHEREAS, Attorney licensing may be a time-consuming series of
actions, including the application process, character and
fitness review, bar examination and processing; and
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WHEREAS, After an individual is licensed as an attorney in a
state and chooses to practice in another state, the attorney
must determine whether that other state opens the practice of
law to out-of-state applicants who have already been admitted to
the bar of another state; and
WHEREAS, Each state establishes its own criteria for
admission to practice law and for reciprocal agreements between
states involving out-of-state practicing attorneys; and
WHEREAS, Not all states through reciprocity agreements open
the practice of law to out-of-state applicants who have already
been admitted to the bar of another state; and
WHEREAS, An individual who is an attorney and who is the
spouse of a service member may face significant challenges to
finding and keeping employment in the legal profession caused by
the frequency of relocations involving the service member and
the lack of portable employment opportunities; and
WHEREAS, The Military Spouse J.D. Network (MSJDN) has
reported the following regarding its members who are attorneys
and who are the spouse of a service member:
(1) eighty-six percent believe that their spouse's
military service negatively affected their legal career;
(2) one out of every two have lived apart from their
spouse in order to maintain a legal career;
(3) one in three have taken two or more bar exams;
(4) one in three say that their student debt load
impacts their spouse's decision to stay in the military;
(5) two in five have moved three or more times; and
(6) ninety-six percent of MSJDN members are women
attorneys married to military members;
and
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WHEREAS, At least 30 jurisdictions have military spouse
attorney admission rules or policies; and
WHEREAS, MSJDN continues to work on licensing accommodations
in other jurisdictions which, if adopted by state licensing
authorities, would allow military spouse attorneys to practice
on a temporary basis in the jurisdiction if they are in the
state due to military orders and in good standing in another
jurisdiction; and
WHEREAS, Section 10(c) of Article V of the Constitution of
Pennsylvania and 42 Pa.C.S. ยง 1722(a)(1) specify, among other
things, that the Pennsylvania Supreme Court shall have the power
to prescribe rules for admission to the bar and to practice law;
and
WHEREAS, Rule 103 of the Pennsylvania Bar Admission Rules
(Pa.B.A.R.) provides that the Pennsylvania Supreme Court
"declares that it has inherent and exclusive power to regulate
the admission to the bar and the practice of law"; and
WHEREAS, Pa.B.A.R. Rule 104 provides that the Pennsylvania
Supreme Court shall appoint a board, to be known as the
Pennsylvania Board of Law Examiners, which shall have the power
and duty to adopt rules pertaining to the admission to the bar
and the practice of law and to recommend the admission of
individuals to the bar and the practice of law; therefore be it
RESOLVED, That the House of Representatives urge the
Pennsylvania Supreme Court to consider the adoption of rules
specifically regarding the admission of individuals to the bar
and the practice of law in circumstances involving an attorney
who is licensed in another jurisdiction and who is a spouse of a
member of the armed forces of the United States who is serving
on active duty within this Commonwealth; and be it further
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RESOLVED, That, in its consideration of rules within the
Pa.B.A.R. regarding the admission of military spouse attorneys,
the Pennsylvania Supreme Court should address the following:
(1) the qualifications of each military spouse attorney
applicant, including the following:
(i) admission to the practice of law in another
state, territory or the District of Columbia;
(ii) obtention of a J.D. or LL.B. degree from an
accredited law school;
(iii) establishment that the applicant is currently
a member in good standing in all jurisdictions where
admitted;
(iv) establishment that the applicant is not
currently subject to attorney discipline or the subject
of a pending disciplinary matter in any jurisdiction;
(v) establishment that the applicant possesses the
character and fitness to practice law in this
Commonwealth;
(vi) demonstration of presence in this Commonwealth
as a spouse of a member of the armed forces of the United
States;
(vii) certification that the applicant has read and
is familiar with the Rules of Professional Conduct of
this Commonwealth;
(viii) payment of the prescribed application fee;
(ix) completion of a course, within a specified time
period of being licensed to practice law, on the laws of
this Commonwealth, the content and method of delivery of
which to be approved by the Pennsylvania Supreme Court;
and
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(x) compliance with all other ethical, legal and
continuing legal education obligations generally
applicable to attorneys licensed in this Commonwealth;
(2) the submission of other necessary information by
each military spouse attorney applicant;
(3) the possibility of and circumstances which may give
rise to investigations, hearings or other procedures
necessary to process and evaluate an application;
(4) any conditions which merit the waiver of or variance
from any rule regarding the admission of the applicant or the
practice of law;
(5) the conditions which merit the termination of the
attorney license of the military spouse attorney, such as the
service member no longer serving as a member of the armed
forces of the United States, the termination of the
underlying marriage or the permanent transfer of the service
member outside of this Commonwealth;
(6) notification requirements regarding any change in
bar membership status in any other jurisdiction or the
imposition of any permanent or temporary professional
disciplinary sanction by any court or agency of the Federal
Government or another jurisdiction; and
(7) the conditions which merit the suspension or
disbarment of a military spouse attorney.
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