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In 1999, the Bar formed a task force to study multijurisdictional practice, commonly referred to as MJP, and on January 24, 2003 the Utah Supreme Court approved Utah's rule. A copy of the
new rule appears in its entirety on page 10 of this issue and also on the Bar's website.
The key points associated with the new rule are as follows:
- The Utah Bar will offer admission without examination to attorneys licensed out-of-state if the jurisdiction where they are licensed will admit Utah attorneys without examination.
- Admission to Utah will be on the same terms that the foreign state would admit Utah attorneys. For example, if a Colorado attorney is seeking admission in Utah, he will need to meet
the same practice requirements that Colorado would require of a Utah attorney. Colorado requires that an attorney have been in active practice for five of the past seven years, so
Utah would require the same practice requirement of a Colorado attorney. If no practice requirement is set by the out-of-state jurisdiction, Utah's minimum practice rule would apply -
the attorney must have been in active practice for three of the past four years.
- The Admissions office does not know the reciprocal admission requirements of each state. Interested candidates should contact the Bar where they are licensed to determine if that
jurisdiction offers reciprocal admission and to obtain a list of that jurisdiction's admission requirements. Some bar admission offices can be accessed through the website of the
National Conference of Bar Examiners: www.ncbex.org.
- Twenty-nine jurisdictions now offer attorney admission without examination. Among neighboring states, Utah attorneys will now enjoy reciprocal admission with Colorado, Wyoming, and
Washington. They will not have reciprocity with Idaho, New Mexico, Arizona, Nevada, California or Oregon. (See chart on page 11).
- Attorneys must have passed a state bar examination and have graduated from an ABA-accredited law school to be eligible for admission without examination.
- Candidates should recognize that the process of reciprocal admissions is not intended to be pro forma and should not be confused with pro hac vice admission procedures which are
simple and quick. The only difference between bar examination applicants and reciprocal admission applicants is one of sitting or not sitting for the bar examination. The remainder
of the application process remains the same, including submitting a completed application and full payment of application and licensing fees.
Applicants should plan on between 3 and 6 months for applications to be processed.
- Applicants eligible for reciprocal admissions must be in good standing with all bars where they are licensed and must demonstrate good moral character.
- Within 6 months of admission, the reciprocal admittee must complete 15 hours of continuing legal education in Utah, including attendance at Utah's Ethics School.
I express our collective thanks to the Bar's MJP task force, our Admissions Committee and our Admission's Director and Deputy General Counsel, Joni Seko, for their work in helping to
shepherd through the MJP practice rule.
Constitutional Law for Legislators
On January 9, 2003, at the State Capitol, the Utah State Bar, in conjunction with the Office of Legislative Counsel and Research, sponsored a
constitutional law presentation for newer members of the Legislature. Nineteen freshman legislators attended. Following dinner, Professors Kevin Worthen of the J. Reuben Clark School of
Law, and Erik Luna of the S.J. Quinney School of Law, led a discussion about basic principles relating to the United States and Utah Constitutions. They discussed the structure of the
Constitutions and explained the differences between the Federal Constitution, which involves a grant of limited powers, and the plenary powers that exist under State Constitutions.
Professor Worthen noted the vast range in length of State Constitutions. The presenters further elaborated on the concepts of separation of powers and individual rights and protections. A
lively question and answer period followed, focusing in part on the limited resources available to help legislators perform their role as part-time legislators in short sessions where so
much legislation is introduced. The Office of Legislative Counsel and Research, headed by Gay Taylor, provides much needed and valuable assistance to legislators.
We hope this will
be a continuing event that may even expand in future years to include a presentation to the entire Legislature. I would like to acknowledge the work of Commissioner Nancy Bockelie in
organizing this event and also acknowledge the excellent work of the Bar's Governmental Relations Committee chaired this year by Lori Nelson and Scott Sabey.
We believe that the
Bar has forged closer ties with legislators this year than in times past. The Bar had a very successful partnership with State legislators who participated on a broad scale in our
Dialogue on Freedom program. Approximately 75 legislators participated in Dialogue on Freedom by leading discussions in secondary classrooms throughout the State.
Each of us who is
actively engaged in the practice of law understands the demands of our profession. Our own experience gives us reason to applaud the sacrifices and monumental efforts of our colleagues
who take on the added responsibility of civic service by serving in the State Legislature. Some of our colleagues hold prominent roles in party leadership. Senator John Valentine is the
Senate Majority Whip. Representative Greg Curtis serves as the House Majority Leader. Freshman Senator Greg Bell has been named as chair of the Senate's Judiciary Committee.
Representative Patrice Arent won election to the Senate. New lawyer/legislators this session include Representative LaVar Christensen, Senator David Thomas and Senator Greg Bell. I hope
that each of us will take the time to express to our colleagues our appreciation for their service. Let them hear from you about your ideas and opinions.
Utah State Senate
Utah State House
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