(a) General. In its discretion, the
Appellate Division may admit to practice without examination an applicant who:
(1)
(i) has been admitted to practice in the
highest law court in any other state or territory of the United States or in
the District of Columbia; or
(ii) has been admitted to practice as an
attorney and counselor-at-law or the equivalent in the highest court in another
country whose jurisprudence is based upon the principles of the English common
law; and
(iii) is
currently admitted to the bar in such other jurisdiction or jurisdictions, that
at least one such jurisdiction in which the attorney is so admitted would
similarly admit an attorney or counselor-at-law admitted to practice in New
York State to its bar without examination; and
(2)
(i) while admitted to practice as
specified in paragraph (1) of this subdivision, has actually practiced therein,
for at least five of the seven years immediately preceding the application:
(a) in its highest law court or
highest court of original jurisdiction in the state or territory of the United
States, in the District of Columbia or in the common law country where
admitted; or
(b) in
Federal military or civilian legal service in a position which requires
admission to the bar for the appointment thereto or for the performance of the
duties thereof, even if the government service, civilian or military, was not
in a jurisdiction in which the applicant was admitted to practice; or
(c) in legal service as counsel
or assistant counsel to a corporation in the state or territory of the United
States where admitted, or in the District of Columbia if admitted therein; or
in the common law country where admitted; or
(ii) has been employed in any
other state or territory of the United States or in the District of Columbia as
a judge, magistrate, referee or similar official for the local, State or
Federal government in a tribunal of record, or as a law clerk to such judicial
official, provided that such employment requires admission to the bar for the
appointment thereto or for the performance of the duties thereof, for at least
five of the seven years immediately preceding the application; or
(iii) has been employed in this
State or in any other state or territory of the United States or in the
District of Columbia as a full-time member of the law faculty teaching in a law
school or schools on the approved list of the American Bar Association and has
attained the rank of professor or associate professor for at least five of the
seven years immediately preceding the application; or
(iv) has actually practiced as
provided in subparagraph (i) of this paragraph, or been employed as a judicial
official as provided in subparagraph (ii) of this paragraph, or has been
teaching at a law school as provided in subparagraph (iii) of this paragraph,
or has actually practiced while admitted pursuant to section
520.11(a)(2) of
this Part, for a period of up to 18 months, in a combination or cumulation of
service among the categories of practice, judicial or legal service or teaching
where the Appellate Division determines that such five years of combined or
cumulative service is the equivalent of the practice required in clause (i)(a)
of this paragraph; and
(3) has received a first degree in law
from a law school in the United States that was approved by the American Bar
Association at all times during the period of the applicant's attendance;
and
(4) is over 26
years of age.
