In re Limited Certificate of Admission for Military Spouse Attorneys, Appellate Case No. 2015–001545.

• Citation: 416 S.C. 17,785 S.E.2d 373 (Mem)
• Decision Date: 20 April 2016
• Docket Number: Appellate Case No. 2015–001545.
• Court: United States State Supreme Court of South Carolina
• Parties: Re LIMITED CERTIFICATE OF ADMISSION FOR MILITARY SPOUSE ATTORNEYS.

416 S.C. 17
785 S.E.2d 373 (Mem)

Re LIMITED CERTIFICATE OF ADMISSION FOR MILITARY SPOUSE ATTORNEYS.

Appellate Case No. 2015–001545.

Supreme Court of South Carolina.

April 20, 2016.

ORDER

416 S.C. 17

The South Carolina Military Spouse JD Network has petitioned the Court to adopt a rule permitting Military Spouse Attorneys to be issued a limited certificate of admission in South Carolina. In recognition of the hardships faced by Military Spouse Attorneys, who must frequently relocate when their service member spouses are ordered transferred to new locations, and after review of similar rules in numerous other jurisdictions, we grant the request.

In accordance with Article V, § 4 of the South Carolina Constitution, we adopt Rule 430, SCACR, as set forth in the attachment to this Order. Furthermore, we amend Rules 403 and 410, SCACR, to reflect the adoption of Rule 430. These amendments are effective May 16, 2016.

s/Costa M. Pleicones , C.J.

s/Donald W. Beatty , J.

s/John W. Kittredge , J.

s/Kaye G. Hearn , J.

s/John Cannon Few , J.

Rule 430, SCACR, is adopted and provides as follows:

RULE 430

LIMITED CERTIFICATE OF ADMISSION FOR MILITARY SPOUSE ATTORNEYS

(a) Purpose. The purpose of this rule is allow military spouse attorneys to obtain a limited certificate to practice law

416 S.C. 18

to represent clients before a court or administrative tribunal in South Carolina.

(b) Qualifications for Admission. The Supreme Court may issue a limited certificate of admission to practice in South Carolina to any person who:

(1) is at least twenty-one (21) years of age;

(2) is a person of good moral character;

(3) has received a JD or LLB degree from a law school which was approved by the Council of Legal Education of the American Bar Association at the time the degree was conferred;

(4) has been admitted to practice law in the highest court of another state, the District of Columbia, or a territory of the United States;

(5) is a member in good standing in each jurisdiction where the attorney is admitted to practice law;

(6) has not been disbarred or suspended from the practice of law and is not the subject of any pending disciplinary proceeding in any other jurisdiction;

(7) is the dependent spouse of an active duty service member of the United States Uniformed Services as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) and the service member is on Permanent Change of Station (PCS) orders stationed in South Carolina;

(8) has never failed the South Carolina Bar Examination;

(9) is physically residing in South Carolina;

785 S.E.2d 374

(10) has completed or has registered for and will attend within three months of admission the Bridge the Gap program administered by the South Carolina Bar. This course may be completed either live or online. The South Carolina Bar shall make this course available to military spouse attorneys seeking admission under the rule either without a fee or for a minimal fee; and

(11) has completed or has registered for and will attend within the first year of practice an Essential Series Course administered by the South Carolina Bar.

416 S.C. 19

(c) Application. An attorney desiring a limited certificate of admission to practice law under this rule shall file an application with the Clerk of the Supreme Court. This application shall be on a form approved by the Supreme Court. The application shall be accompanied by:

(1) a certificate of good standing from each jurisdiction in which the attorney has been admitted to practice law;

(2) a copy of his

...