In re Amendment of Rule Two of the Rules Governing Admission to the Practice of Law in the State of Oklahoma

In re Amendment of Rule Two of the Rules Governing Admission to the Practice of Law in the State of Oklahoma
1999 OK 27
Case Number: SCBD-4386
Decided: 04/05/1999
Supreme Court of Oklahoma

IN RE: AMENDMENT OF RULE TWO OF THE RULES GOVERNING ADMISSION TO THE PRACTICE OF LAW IN THE STATE OF OKLAHOMA
SCBD NO. 4386
___P.2d___
1999 OK 27
Decided: April 5, 1999
SUPREME COURT OF THE STATE OF OKLAHOMA

IN RE: AMENDMENT OF RULE TWO OF THE RULES GOVERNING ADMISSION TO THE PRACTICE OF LAW IN THE STATE OF OKLAHOMA

ORDER

¶1 The Board of Bar Examiners of the State of Oklahoma filed its Amended Report and Recommendation for changes to Rule Two, Section Two, of the Rules Governing Admission to the Practice of Law in the State of Oklahoma.

¶2 It is therefore ORDERED that Rule Two, Section Two, of the Rules Governing Admission to the Practice of Law in the State of Oklahoma be amended as follows:

RULE TWO

ADMISSION UPON MOTION WITHOUT EXAMINATION

¶3 For purposes of this Rule, the term "reciprocal state" shall mean a state which grants Oklahoma judges and lawyers the right of admission on motion, without the requirement of taking an examination.

¶4 The following persons, when found by the Board of Bar Examiners to be qualified under Section I and 2 of Rule One, may be admitted by the Supreme Court to the practice of law in the State of Oklahoma upon the recommendation and motion of the Board, without examination:

¶5 Section 1.

(a) Private practice as a sole practitioner or for a law firm, legal services office, legal clinic or similar entity, provided such practice was subsequent to being admitted to the practice of law in the jurisdiction in which the practice occurred;

(b) Practice as an attorney for a corporation, partnership, trust, individual or other entity, provided such practice was subsequent to being admitted to the practice of law in the jurisdiction in which the practice occurred and involved the primary duties of furnishing legal counsel, drafting legal documents and pleadings, interpreting and giving advice regarding the law, or preparing, trying or presenting cases before courts, executive departments, administrative bureaus, or agencies;

(c) Practice as an attorney for the federal, state, local government (including a territory, district, commonwealth or possession of the United States), branch of the armed services, or sovereign Indian nation with the same primary duties as described in Section I (b) above;

(d) Employment as a judge, magistrate, referee, or similar official for the federal, state or local government (including a territory, district, commonwealth or possession of the United States); provided that such employment is available only to attorneys;

(e) Full time employment as a teacher of law at a law school approved by the American Bar Association; or

(f)Any combination of the above.

¶6 The period of "practice of law" as defined above in subparagraphs 1(a) and 1(b) shall have occurred outside the State of Oklahoma. Applicants for admission without examination shall furnish such proof of practice and licensing as may be required by the Board. No applicant for admission without examination under this rule will be admitted if the applicant has taken and failed an Oklahoma bar examination without having later passed such examination.

¶7 Section 2.

¶8 Section 3.

¶9 Section 4.

¶10 Section 5.

¶11 Section 6.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE this 5th day of April 1999.

______________________________
Chief Justice Hardy Summers

SUMMERS, C.J., HARGRAVE, V.C.J., HODGES, LAVENDER, SIMMS, OPALA, KAUGER, JJ. - Concur

WATT, J. - Concurs in part, dissents in part

WILSON, J. - Dissents in part: I respectfully dissent to the misuse of the word "sovereign" in Section 1(c) of this rule.