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NEW JERSEY BOARD of BAR EXAMINERS

NEW JERSEY BOARD of BAR EXAMINERS

Independence - Integrity - Fairness - Quality Service

1:27-4. Temporary Admission of a Military Spouse During Military Assignment

  1. Qualifications. An applicant who is the spouse of an active member of the United States Uniformed Services ("servicemember"), assigned to serve in the State of New Jersey, may be temporarily admitted as an attorney of this State, without examination, provided that the applicant:
    1. has been admitted, after examination, as an attorney of another state, commonwealth, or territory of the United States with educational qualifications for admission to the bar equivalent to those of this State; and
    2. possesses the moral character and fitness required of all applicants for admission in this State; and
    3. has not failed the New Jersey bar examination; and.
    4. resides in New Jersey due to the servicemember's military orders; and
    5. is at the time of application an active member of the bar in good standing in at least one jurisdiction of the United States; and
    6. is a member of the bar in good standing in every jurisdiction to which the applicant has been admitted to practice, or has resigned or been administratively revoked while in good standing from every jurisdiction without any pending or later disciplinary actions.
  2. Application for Temporary Admission. An application for temporary admission shall be made to the Board of Bar Examiners, in accordance with its roles, and the Board shall expeditiously present the application to the Clerk of the Supreme Court for appropriate disposition. In addition to the completed application, the applicant must submit:
    1. the application fee as established by the Board of Bar Examiners and approved by the Supreme Court;
    2. the character questionnaire;
    3. a copy of the Applicant's Military Spouse Dependent Identification;
    4. documentation evidencing a spousal relationship with the servicemember; and
    5. a copy of the servicemember's military orders to a military installation in New Jersey authorizing dependents to accompany the servicemember to New Jersey;
    6. is a member of the bar in good standing in every jurisdiction to which the applicant has been admitted to practice, or has resigned or been administratively revoked while in good standing from every jurisdiction without any pending or later disciplinary actions
    7. all other documentation as required in the character application process.
  3. Duration and Renewal. Oath Card. Within thirty days of taking the attorney's oath, attorneys must file the completed Roll of Attorneys oath card with the Clerk of the Supreme Court. If the oath card is not properly filed within that period, the attorney's admission shall not be effective. Subject to paragraph (d) of this Role, an attorney who has not timely filed an oath card must re-take the oath of admission and complete a new card. Except by leave of the Supreme Court, the date of admission to the bar of such an attorney shall not relate back to the original administration of the oaths.
    1. A temporary license to practice law issued under this role will be valid for two years provided that the temporary attorney remains a spouse of the servicemember and resides in New Jersey due to military orders or continues to reside in New Jersey after the servicemember is relocated from New Jersey due to unaccompanied orders for a permanent change of station outside of New Jersey. The temporary license may be renewed for two additional two-year periods.
    2. A renewal application must be submitted with the appropriate fee as established by the Board of Bar Examiners and approved by the Supreme Court and all other documentation required by the Board, including a copy of the servicemember's military orders. (d) Practice Requirements. The temporary attorney shall comply with the registration requirements and payment of annual assessments as required of all New Jersey licensed attorneys during the duration of the temporary license, and shall also: (1) be employed by a New Jersey licensed attorney who is in good standing and actively practicing in this State or by a law firm comprised of at least one attorney who is in good standing and actively practicing in this State; or (2) be employed by the federal government, the State of New Jersey, or a subdivision of the State of New Jersey; or
    3. have been engaged in the practice of law in another state, commonwealth, or territory of the United States for a cumolative total of five out of the last eight years. (e) Termination. The temporary license shall expire: (1) upon the temporary attorney's failure to meet any licensing requirements applicable to all active attorneys possessing plenary license to practice law in this state; or (2) upon the request of the temporary attorney; or (3) upon the issuance to the temporary attorney of a New Jersey plenary license; or
    4. upon receipt by the temporary attorney of a failing score on the New Jersey bar examination; or
    5. upon the permanent relocation of the servicemember outside of New Jersey, except when such relocation is due to unaccompanied orders for a permanent change of station outside of New Jersey; or
    6. upon the termination of the temporary attorney's spousal relationship to the servicemember; or
    7. six months following the date of the servicemembers's death, separation or retirement from the United States Uniformed Services; or
    8. one year following the date of the servicemember's death, separation or retirement from the United States Uniformed Services provided the temporary attorney applies during the first six months of that year to sit for the New Jersey bar examination.

Note: Adopted Joly 22, 2014 to be effective September 1, 2014.