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Rule 14-805. Admission forspouse of active military stationed in Utah.

(a) Requirements foradmission of spouses of active military with permanent change of station ordersto serve in Utah.

(1)For purposes of this rule, the spouse of active military is defined as thespouse of an active duty service member of the UnitedStates Uniformed Services, as defined by the Department of Defense, and theservice member has received military orders for a permanent change of stationto reside in Utah. 

(2)Absent admission under Rules 14-701 et seq., the spouse of an activemember of the military (?Military Spouse Attorney?) may be admitted to practicelaw in Utah without taking the Bar Examination. 

(3)The defined terms set forth in Rule 14-701 are incorporated into this rule.

(4)The burden of proof is on the applicant for military spouse admission toestablish by clear and convincing evidence that the applicant:

(A) has paid the prescribed application fee (or half thefee upon a showing of ineligibility for a federal reimbursement), which shallbe credited toward Bar dues upon licensure, and filed the required CompleteMilitary Spouse Application;

(B) has graduated with a First Professional Degree in lawfrom an Approved Law School;

(C) has been admitted to the practice of law before thehighest court of a U.S. state, territory or the District of Columbia;

(D) does not qualify for admission by motion under Rule14-705 or admission by the transfer of a UBE score under Rule 14-712;

(E) has presented any score from the Multistate BarExamination (MBE) or Uniform Bar Examination (UBE), as defined by Rule 14-701,that applicant may have used to obtain admission to the practice of law in ajurisdiction other than Utah;

(F)is of good moral character, satisfies the requirements of Rule 14-708, and hasnot previously been denied admission by the Utah State Bar or engaged in theunauthorized practice of law in Utah;

(G) has successfully passed the MPRE in accordance withRule 14-713;

(H)  isan active member in good standing in at least one state or territory of theU.S. or the District of Columbia and is a member in good standing in alljurisdictions where currently admitted;

(I)has a proven record of ethical, civil and professional behavior and has neverbeen disbarred or resigned with discipline pending, or their equivalent, in anyjurisdiction and is not currently subject to lawyer discipline or the subjectof a pending disciplinary matter;

(J)if intending to practice pending admission, has identified an active member ofthe Bar in good standing who has agreed to actively supervise the MilitarySpouse Attorney in accordance with the supervisory requirements specified insubsection (b) of this rule, as evidenced by a verification signed by both theMilitary Spouse Attorney and the supervising attorney; and

(K) complies withthe provisions of Rule 14-716 concerning licensing and enrollment fees.

(b) Certificate whileapplication is pending; required supervision.

(1)While a Military Spouse Attorney?s application is pending, the Military SpouseAttorney may practice law in Utah upon issuance of a Certificate WhileApplication is Pending under subsection (c).

(2)While practicing with application pending, the Military Spouse Attorney must befully supervised by an active member of the Bar in good standing as set forthin this rule. Required supervision ceases upon the Military Spouse Attorney?sadmission to the Bar under this rule.

(3)For the duration of the supervision, the supervising attorney shall:

(A) assume fullresponsibility for all matters to be handled by the Military Spouse Attorney;and

(B) be includedby name on all pleadings and papers.

(c) Timing and processing ofapplication

(1)An application under this rule may be filed at any time.

(2)The Bar will promptly conduct a preliminary character and fitness review of acompleted application submitted by a Military Spouse Attorney.

(3)Upon satisfactory completion of the preliminary review and upon confirming thatthe Military Spouse Attorney is present in Utah, the Bar will issue aCertificate While Application is Pending to the applicant. 

(A)The Certificate While Application is Pending authorizes the MilitarySpouse Attorney to begin practice in accordance with this rule while theapplication is pending.

(B)The Certificate expires 120 days after issuance, but a new certificate may beissued if the applicant has not been dilatory in supplying required informationduring the processing of the application.

(d) Jurisdiction andAuthority.  The practice of a lawyer admitted under this ruleshall be subject to the Utah Rules of Professional Conduct and Article 5,Lawyer Discipline and Disability, and to all other applicable laws and rulesgoverning lawyers admitted to the Bar. Jurisdiction shall continue whether ornot the Military Spouse Attorney retains the privilege to practice in Utah andirrespective of the residence or domicile of the Military Spouse Attorney.

(e) Continuing legaleducation.  Applicants admitted under this rule who have two ormore years of legal practice shall complete, document, and certify no laterthan six months following admission having attended at least 15 hours ofcontinuing legal education on Utah practice and procedure and on ethics andcivility requirements. 

(1)The Bar may by regulation specify the number of the required 15 hours that mustbe in particular areas of practice, procedure, ethics, andcivility.  Included in this mandatory 15 hours is attendance at theBar?s OPC ethics school.

(2)On an ongoing basis, attorneys admitted under this rule must comply with thecontinuing legal education requirements imposed on lawyers under Article 4.

(f) Mentoring andSupervision

(1)A Military Spouse Attorney with less than two years of Active Practice whenadmitted must obtain a mentor and complete the New Lawyer Training Program(NLTP) as outlined in Rules 14-404 and 14-808. 

(2)A Military Spouse Attorney with less than two years of Active Practice who hasnot presented an MBE score above 134 or UBE score above 269 must be affiliatedat all times with an active member of the Bar in good standing who has agreedto supervise the Military Spouse Attorney and assume full responsibility forall matters handled by the Military Spouse Attorney.  A MilitarySpouse Attorney subject to this supervision requirement must also enroll in theBar?s approved professional liability insurance program or obtain equivalentinsurance coverage.

(g) Annual licensing.  Anattorney admitted under this rule is subject to annual licensing and enrollmentfees and, during the annual licensing period, must provide to the Bar proof ofcontinuing compliance with (a)(8) through (a)(10).

(h) Mandatory statusreporting.  An attorney admitted under this rule and any requiredsupervising attorney are each responsible for notifying the Bar in writingwithin 21 days of any change that may affect the Military Spouse Attorney?slicense to practice law under this rule.

(i) Termination of licenseto practice in Utah.  A Military Spouse Attorney?s licenseterminates and a Military Spouse Attorney must cease all activities under thisrule:

(1)six months after the military service member is permanently transferred outsideUtah on military orders with dependents authorized, unless the transfer is aremote follow-on assignment and the Military Spouse Attorney remains in Utahduring the service member?s remote assignment;

(2)ninety days after:

(A) the military service member dies, separates, or retiresfrom the United States Uniformed Services;

(B) the MilitarySpouse Attorney ceases to be a dependent as defined by the United StatesDepartment of Defense;

(3)thirty days after the Military Spouse Attorney permanently relocates outsideUtah for a reason other than the military service member?s permanent change ofstation;

(4) immediately upon:

(A) failure to comply with subsection (g);

(B) failure to maintain an active license in at least oneother U.S. state, territory, or the District of Columbia;

(C) any termination of sponsorship by a supervisingattorney if required by subsection (b), or the failure of a supervisingattorney to be an active member of the Bar in good standing;

(D) admission tothe Bar under any other rule; or

(E) an orderof termination by any disciplinary proceeding in Utah or upon disbarment orsuspension of any other license of the Military Spouse Attorney from anotherjurisdiction.

(j) Required action aftertermination.  Upon termination of a license to practice underthis rule, the Military Spouse Attorney must comply with Rule 1.16 of the UtahRules of Professional Conduct, including the transfer of pending matters,written notice to clients and notification of courts, as required or necessaryunder the circumstances.

(k) Failure to satisfy thenotice and termination of practice requirements. Failure to satisfythe notice and termination of practice requirements set forth in subsections(e), (h), and (i) may subject a Military Spouse Attorney to discipline,including the termination of a license granted under this rule.

(l) Reinstatement aftertermination of license. A Military Spouse Attorney whose license wasterminated pursuant to paragraph (i) shall have the license reinstated if,within six months, the Military Spouse Attorney demonstrates compliance withall the requirements of this rule upon termination of the license and that theterminating event has been cured.

(m) Service time andexception to admission by motion rule.  Any period of time aMilitary Spouse Attorney practices under this rule counts under all rulesmeasuring a lawyer?s time practicing law or as a member of the Bar, includingRules 14-203 and 14-705, provided that the Military Spouse Attorney has neverengaged in the unauthorized practice of law in Utah. 

EffectiveNovember 12, 2020.