SENATE BILL No. 114

February 6, 2001, Introduced by Senator SCHUETTE and referred to the Committee on

Economic Development, International Trade and Regulatory Affairs.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 946 (MCL 600.946).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 946. (1) Any person who is duly licensed to practice

2 law in the court of last resort of any other state, or

3 territory, or the District of Columbia , of the United States

4 of America , and who applies for admission to the bar of this

5 state without examination , is required to prove to the satis-

6 faction of the board of law examiners that ALL OF THE

7 FOLLOWING:

8 (A) (1) He OR SHE is in good standing at the bar of such

9 THAT other state, territory, or district, and has the

10 qualifications as to moral character, citizenship, age, general

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1 education, fitness, and ability required for admission to the bar

2 of this state. ; and

3 (B) (2) He OR SHE intends in good faith either to maintain

4 an office in this state for the practice of law , and to prac-

5 tice actively in this state, or to engage in the teaching of law

6 as a full-time instructor in a reputable and qualified law school

7 duly incorporated under the laws of this state. ; and

8 (C) ANY OF THE FOLLOWING OR COMBINATION OF THE FOLLOWING FOR

9 AT LEAST 3 OF THE 5 YEARS IMMEDIATELY PRECEDING APPLICATION:

10 (i) (3) His OR HER principal business or occupation for

11 at least 3 of the 5 years immediately preceding his application

12 has been either the active practice of law in such THE other

13 state, territory, or district. or the

14 (ii) THE teaching of law as a full-time instructor in a rep-

15 utable and qualified law school duly incorporated under the laws

16 of this or some other state, or territory, or the District of

17 Columbia , of the United States of America. , or that

18 (iii) A period of active service, full-time as distinguished

19 from active duty for training and reserve duty, in the armed

20 forces of the United States, during which the applicant was

21 assigned to and discharged the duties of a judge advocate, legal

22 specialist, or legal officer by any other designation. , shall

23 be SUCH AN ASSIGNMENT IS considered as TO BE the practice of

24 law for the purposes of this section, which AND THE assignment

25 and the inclusive dates thereof OF THE ASSIGNMENT shall be cer-

26 tified to by the judge advocate general or comparable officer of

27 the armed forces concerned or by the principal assistant to whom

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1 this certification may be delegated. ; or any combination of

2 periods of practice thereof.

3 (2) The supreme court may, in its discretion, on special

4 motion and for good cause shown, increase said THE 5-year

5 period DESCRIBED IN SUBSECTION (1)(C). Any period of active

6 service in the armed forces of the United States not meeting the

7 requirements of duty in the armed forces as herein stated

8 DESCRIBED IN SUBSECTION (1)(C)(iii) may be excluded from the

9 5-year period above prescribed IN SUBSECTION (1)(C) and the

10 period extended accordingly.

11 (3) THE SUPREME COURT MAY GRANT A LICENSE TO ENGAGE IN THE

12 PRACTICE OF LAW TO AN APPLICANT LICENSED IN THE PROVINCE OF

13 ONTARIO, CANADA, BY AN EQUIVALENT LICENSING BOARD OR AUTHORITY SO

14 LONG AS THAT BOARD OR AUTHORITY GRANTS RECIPROCAL LICENSURE TO

15 ATTORNEYS LICENSED UNDER THIS CHAPTER.

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