New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle B - Attorneys › Part 805 - Admission Of Attorneys › Section 805.1 - Admission of attorneys

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Filing of application papers.
Every applicant for admission to practice as an
							 attorney and counselor at law pursuant to Judiciary Law section 90(1) may
							 obtain the standard forms and instructions for that purpose from clerk of the
							 court. Every applicant for admission to practice pursuant to Judiciary Law
							 section 90(1)(a) may obtain such forms and instructions immediately after
							 taking the bar examination, and may file a completed application, consisting of
							 the standard form of questionnaire and the other required papers as directed by
							 the instructions, at any time thereafter, regardless of whether the results of
							 the bar examination have yet been issued. As soon as the applicant shall
							 receive a letter from the State Board of Law Examiners certifying that the
							 applicant has passed the bar examination, the applicant shall file that letter
							 with the clerk of the court, and, if the applicant's questionnaire was verified
							 more than 45 days prior to such filing, the applicant shall also file a
							 supplemental affidavit stating whether there have been any changes in the facts
							 stated therein and setting forth any such changes.
(b)
Referral to committee on character
						  and fitness.
Every completed application shall be referred for
							 investigation of the applicant's character and fitness to a committee on
							 character and fitness designated by the court. The committee shall be comprised
							 of attorneys in good standing, each of whom may serve up to two consecutive
							 five-year terms, whereupon a successor shall be appointed by the court.
							 Effective September 3, 2019, within one year of his or her appointment or
							 reappointment, each member of the committee shall attend two hours of
							 continuing legal education to be provided by the court concerning the attorney
							 admission process. Each committee shall have a chair, to be appointed by the
							 court.
(c)
Investigation and interview.
The required investigation, including an interview of
							 the applicant, may be conducted by one or more members of the committee. The
							 committee member or members conducting the investigation may require the
							 applicant to furnish such additional information or proofs of good character as
							 the committee member or members may consider pertinent. The investigation may
							 commence at any time after the applicant's completed application has been
							 filed, except that the personal interview of an applicant shall not be held
							 until after the applicant has been certified to the court by the State Board of
							 Law Examiners.
(d)
Procedure upon investigation.
The committee member or members conducting the
							 investigation may either unanimously approve the application or refer the
							 matter for a hearing.
(1) If the
						  committee member or members conducting the investigation approve the
						  application, the member or members shall certify to the court that the
						  applicant possesses the requisite character and fitness for admission to
						  practice as an attorey and counselor-at-law in the courts of this
						  State.
(2) If the committee member
						  or members conducting the investigation refer the matter for a hearing, such
						  hearing shall be conducted expeditiously before a subcommittee consisting of at
						  least two members pursuant to subdivisions (e)-(i) of this section.