Report Title:

Attorneys

Description:

Admitting attorneys licensed to practice law in other states or territories of the United States or the District of Columbia to practice law in Hawaii. (SD1)

THE SENATE

S.B. NO.

3144

TWENTY-SECOND LEGISLATURE, 2004

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ATTORNEYS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to prescribe the procedure, conditions, and limitations for the admission of attorneys from other states or territories of the United States or the District of Columbia to practice law in Hawaii. Attorneys from other states or territories or the District of Columbia will be admitted to practice law in Hawaii pursuant to this Act under procedures, conditions, and limitations that, in the judgment of the Hawaii supreme court, are substantially similar to the procedures, conditions, and limitations under which other licensing states or territories or the District of Columbia allows the admission of licensed Hawaii attorneys in their states.

SECTION 2. Chapter 605, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART     . ADMISSION OF ATTORNEYS LICENSED IN OTHER

STATES OR TERRITORIES OF THE UNITED STATES OR

THE DISTRICT OF COLUMBIA TO PRACTICE LAW IN HAWAII

§605-   Qualifications. Before an attorney licensed to practice law in another state or territory of the United States or the District of Columbia qualifies for admission to the practice of law in Hawaii, the attorney shall:

(1) Present satisfactory proof of both admission to the practice of law, together with current good standing, in another state or territory of the United States or the District of Columbia, and active legal experience as an attorney for at least five of the last seven years immediately prior to the time of the application; and

(2) Possess the good moral character and fitness requisite for a member of the bar of the State of Hawaii.

§605-   Application. The attorney applying for admission to the bar shall file a verified application in duplicate with the clerk of the supreme court in such form and containing such information, and including any fee, as shall be required by the supreme court. The application shall be accompanied by the following:

(1) A certificate from the authority in such other state or territory or the District of Columbia having jurisdiction over professional discipline, certifying that the attorney is admitted to practice law in that jurisdiction, the date thereof, and that the attorney has been practicing in that jurisdiction in good standing for the last five of the last seven years immediately preceding the filing of the application;

(2) Such other evidence of the applicant's educational and professional qualifications, and good moral character and fitness, as shall be required by the supreme court; and

(3) Evidence, establishing to the satisfaction of the supreme court, that the state or territory or the District of Columbia that licensed the attorney applicant allows the admission of licensed Hawaii attorneys under the terms and conditions substantially similar to those set forth here; provided that if the state or territory or the District of Columbia that licensed the attorney applicant requires Hawaii attorneys to complete or meet other conditions, requirements, or limitations, the applicant must meet substantially similar requirements for the practice of law in Hawaii.

§605-   Rules of admission. The supreme court may promulgate rules necessary for the purposes of this part, including rules relating to the oath and admission to the practice of law, form of license, and any fees therefor."

SECTION 3. Chapter 605, Hawaii Revised Statutes, is amended by designating sections 605-1 to 605-17 as follows:

"PART I. GENERAL PROVISIONS"

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.