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In re Ltd. Certificate of Admission for Military Spouse Attorneys

Supreme Court of South Carolina

April 20, 2016

Limited Certificate of Admission for Military Spouse Attorneys

          Appellate Case No. 2015-001545.

         Costa M. Pleicones, C.J., Donald W. Beatty, J., John W. Kittredge, J., Kaye G. Hearn, J., John Cannon Few, J.

         ORDER

         The South Carolina Military Spouse JD Network has petitioned the Court to adopt a rule permitting Military Spouse Attorneys to be issued a limited certificate of admission in South Carolina. In recognition of the hardships faced by Military Spouse Attorneys, who must frequently relocate when their service member spouses are ordered transferred to new locations, and after review of similar rules in numerous other jurisdictions, we grant the request.

         In accordance with Article V, § 4 of the South Carolina Constitution, we adopt Rule 430, SCACR, as set forth in the attachment to this Order. Furthermore, we amend Rules 403 and 410, SCACR, to reflect the adoption of Rule 430. These amendments are effective May 16, 2016.

         Rule 430, SCACR, is adopted and provides as follows:

         RULE 430

         LIMITED CERTIFICATE OF ADMISSION FOR MILITARY SPOUSE ATTORNEYS

         (a) Purpose.

         The purpose of this rule is allow military spouse attorneys to obtain a limited certificate to practice law to represent clients before a court or administrative tribunal in South Carolina.

         (b) Qualifications for Admission.

         The Supreme Court may issue a limited certificate of admission to practice in South Carolina to any person who:

is at least twenty-one (21) years of age;
is a person of good moral character;
has received a JD or LLB degree from a law school which was approved by the Council of Legal Education of the American Bar Association at the time the degree was conferred;
has been admitted to practice law in the highest court of another state, the District of Columbia, or a territory of the United States;
is a member in good standing in each jurisdiction where the attorney is admitted to practice law;
has not been disbarred or suspended from the practice of law and is not the subject of any pending disciplinary proceeding in any other jurisdiction;
is the dependent spouse of an active duty service member of the United States Uniformed Services as defined by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) and the service member is on ...

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