§ 53 — Rule-making power of court of appeals as to admission of attorneys and counsellors

New York § 53

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 3: Court of Appeals

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§ 53. Rule-making power of court of appeals as to admission of\nattorneys and counsellors. 1. The court of appeals may from time to time\nadopt, amend, or rescind rules not inconsistent with the constitution or\nstatutes of the state, regulating the admission of attorneys and\ncounsellors at law, to practice in all the courts of record of the\nstate.\n 2. The court may make such provisions as it shall deem proper for\nadmission to practice as attorneys and counsellors, of persons who have\nbeen admitted to practice in other states or countries.\n 3. The court shall prescribe rules providing for a uniform system of\nexamination of candidates for admission to practice as attorneys and\ncounsellors, which shall govern the state board of law examiners in the\nperformance of its duties. The court shall not by its rules cause to be\nbarred from examination or, upon successful completion of the\nexamination process, subsequent admission to the state bar, provided he\nor she shall otherwise meet any requirements for admission, any person\nwho is currently admitted to practice in the jurisdiction of another\nstate and has received a degree from a law school which qualifies such\nperson to practice law in such state, other than a law school which\ngrants credit for correspondence courses, provided that such person has\nbeen engaged in the actual practice of law in the state in which they\nare admitted for no less than five years.\n 4. The rules established by the court of appeals, touching the\nadmission of attorneys and counsellors to practice in the courts of\nrecord of the state, shall not be changed or amended, except by a\nmajority of the judges of that court. A copy of each amendment to such\nrules must, within five days after it is adopted, be filed in the office\nof the secretary of state.\n 5. Nothing contained in this chapter prevents the court of appeals\nfrom dispensing, in the rules established by it, with the whole or any\npart of the stated period of clerkship required from an applicant, or\nwith the examination where the applicant is a graduate of the Albany law\nschool, Union university, or of the New York university school of law,\nor of the school of law of Columbia university, or of the university of\nBuffalo school of law, or of the Cornell law school, or of the Syracuse\nuniversity college of law, or of the Brooklyn law school, or of the\nFordham university school of law, or of any law school, duly registered\nby the regents of the university of the state of New York which requires\na three year course for graduation and produces his diploma upon his\napplication for admission to practice.\n 6. Nothing contained in this chapter prevents the court of appeals\nfrom adopting rules for the licensing, as a legal consultant, without\nexamination and without regard to citizenship, of a person admitted to\npractice in a foreign country as an attorney or counsellor or the\nequivalent. Any person so licensed shall not practice in the courts of\nthe state but may render legal services in the state within limitations\nprescribed in rules adopted by the court of appeals and shall subject to\nthe foregoing be governed by the provisions of section ninety and\narticle fifteen of this chapter.\n