1H.0503 Requirements for Relocated Servicemember and Spouse of Relocated Servicemember Applicants

Rule .0503, Requirements for Relocated Servicemember and Spouse of Relocated Servicemember Applicants

A servicemember or spouse of a servicemember who has a covered license to practice law in a State, or territory of the United States or the District of Columbia, and relocates residence because such servicemember receives military orders for military service in the State of North Carolina, shall be granted a license to practice law in the State of North Carolina without written examination if the applicant satisfies the requirements listed below:

(1) Requirements. The applicant must file an application, upon such forms as may be supplied by the Board. Such application shall require:

(a) The applicant must file an application, upon such forms as may be supplied directed by the Board.

Such application shall require: include:

That an applicant supplies full and complete information in regard to the applicant’s background, including family, past residences, education, military service, employment, credit status, whether the applicant has been a party to any discipline or legal proceedings, whether currently mentally or emotionally impaired, references, and the nature of the applicant’s practice of law.

(b) That the applicant provides the following documentation:

(i) Proof of military orders as defined in Subitem Subsection (2)(b) of this Rule;

(ii) If the applicant is the spouse of a relocated servicemember, a copy of the marriage certificate; and

(iii) A notarized affidavit affirming under penalty of law that: the applicant is the person described and identified in the application; all statements made in the application are true, correct, and complete; the applicant has read and understands the requirements to receive a license to practice law and the scope of practice, of the State of North Carolina; the applicant certifies that the applicant meets and shall comply with the requirements to receive a license to practice law in the State of North Carolina; and the applicant is in good standing in all States in which the applicant holds or has held a license to practice law.

(iv) Certificates of Moral Character from four individuals who know the applicant;

(v) A  recent photograph;

(vi) Two sets of clear fingerprints;

(vii) A certification of the Court of Last Resort from the jurisdiction from which the applicant is applying that: the applicant is currently licensed in the jurisdiction; the date of the applicant’s licensure in the jurisdiction; and the applicant was of good moral character when licensed by the jurisdiction;

(viii) Transcripts from the applicant’s undergraduate and graduate schools;

(ix) A copy of applications for admission to the practice of law that the applicant has filed with any state, territory, or the District of Columbia;

(x) A certificate from the proper court or body of every jurisdiction in which the applicant is licensed that the applicant is in good standing, and not under pending charges of misconduct. For purposes of this rule, an applicant is “in good standing” in a jurisdiction if: the applicant is an active member of the bar of the jurisdiction and the jurisdiction issues a certificate attesting to the applicant’s good standing therein; or the applicant was formerly a member of the bar of the jurisdiction and the jurisdiction certifies the applicant was in good standing at the time that the applicant ceased to be a member; and if the jurisdiction in which the applicant is inactive or was formerly a member will not certify the applicant’s good standing solely because of the non-payment of dues, the Board, in its discretion, may waive such certification from that jurisdiction; however, the applicant must not only be in good standing, but also must be an active member of each jurisdiction upon which the applicant relies for admission by comity.

(c) The applicant shall possess the qualifications of character and general fitness requisite for an attorney and counselor-at-law and satisfy the requirements of Section .0600 of this Chapter;

(d) The applicant must satisfy the educational requirements of Section .0700 of this Chapter.

(e) The applicant may not have failed the written North Carolina Bar Examination within five years prior to the date of filing the application;

(f) The applicant must have passed the Multistate Professional Responsibility Examination; and

(g)(b) The applicant must pay to the Board the application fee provided in Subitem Subsection (3)(a) or (3)(b) of this Rule.

(c) The applicant must pass a background check conducted by the Board.

(2) Definitions.

(a) Servicemember. A servicemember, as defined in 50 U.S.C. § 3911(1), or a member of the North Carolina National Guard.

(b) Military order. Official military orders, or any notification, certification, or verification from the servicemember’s commanding officer, with respect to a servicemember’s current or future military service. In the case of a member of the North Carolina National Guard, this term includes an order from the Governor of North Carolina pursuant to Chapter 127A of the General Statutes.

(c) Covered License. A professional license that, with respect to a scope of

practice-

(i) is in good standing with the licensing authority that issued such license;

(ii) has not been revoked or had discipline imposed by any State;

(iii) does not have an investigation relating to unprofessional conduct pending in any state relating to it; and

(iv) has not been voluntarily surrendered while under investigation for unprofessional conduct in any state.

(3) Application Fee.

(a) For servicemembers, the application fee is one thousand five hundred dollars ($1,500).

(b) For spouses of servicemembers, there is no application fee.

(4) Background Check.

Upon receipt of the application described in subsection (1)(a) above, the Board shall conduct a background check of the applicant.