Amendments to Rules of the Court of Appeals. admission within four months, and that he has studied law in the manner and according to the conditions in these rules prescribed. Applicants in the first class (i. e., persons who are not graduates of a college or university) must have studied law for a period of four years. Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney; or partly by serving such clerkship and partly by attending a law school; but every such applicant must serve such clerkship for a period of at least one year continuously either before examination by the State Board of Law Examiners or after such examination and prior to admission to the bar. But the provision of this rule requiring every such applicant to serve a clerkship for a period of at least one year continuously shall not apply to an applicant who has successfully completed two years in a college or university and shall thereafter have attended a law school for a period of four years. Applicants in the second class (i. e., persons who are graduates of a college or university) must have studied law for a period of three years. Such an applicant may pursue his course of law study wholly by serving a clerkship in the office of a practicing attorney; or wholly by attending a law school; or partly by serving such clerkship and partly by attending a law school. Applicants in the third class (i. e., persons who have been admitted as attorneys and have practiced three years in another state or country) must have studied law for a period of one year within this State and pursue such course of study either by serving a clerkship or by attendance upon a law school as the applicant may elect. Candidates for admission to the bar under this rule (i. e., upon examination) may be admitted and licensed upon producing and filing with the court the certificate of the State Board of Law Examiners that the applicant has satisfactorily passed the examination prescribed by these rules and has complied with their provisions, and upon producing and filing with the court, in the case of applicants in the first class (i. e., persons who are not graduates of a college or university), except in the case of a candidate who has completed two years in a college or university and has thereafter attended a law school for a period of four years, evidence that he has served a regular clerkship of one year in this state with an attorney or attorneys in regular practice, either before or Admendments to Rules of the Court of Appeals. after having passed such examination. The applicant must also produce and file evidence that he is a person of good moral character which must be shown by the affidavits of two reputable persons of the town or city in which he resides, one of whom must be a practicing attorney of the Supreme Court. Such affidavits must state that the applicant is, to the knowledge of the affiant, a person of good moral character and must set forth in detail the facts upon which such knowledge is based; but such affidavits shall not be conclusive and the court may make further examination and inquiry. If the applicant be a graduate of a college or university he must have pursued the prescribed course of law study after his graduation, provided, however, if such graduate of a college or university has pursued the first year of his law study in an approved law school, and said year of study was prerequisite for his gradu ation from such college or university, then such year of law school study, if successfully completed, shall be deemed to be and shall be accepted as a part of said prescribed course of law study; and, if the applicant be a person admitted to the bar of another state or country he must have pursued his prescribed period of law study after having remained as a practicing attorney in such other state or country for the period of three years." IT IS FURTHER ORDERED, That Rule V of said Rules be, and the same hereby is, amended so as to read as follows: "RULE V Regulations Concerning Study at Law Schools. The provisions of these rules for study at a law school must be fulfilled by good and regular attendance and successfully completing the prescribed course of instruction at an incorporated law school, or a law school connected with an incorporated college or university, having a law department organized with competent instructors and professors, in which instruction as hereinafter provided is regularly given. A fourth year of attendance at a law school may be taken after the successful completion of the prescribed three-year course and credit given therefor, provided the applicant has also previously successfully completed two years in a college or university, and further provided that a prescribed graduate course of instruction Amendments to Rules of the Court of Appeals. is offered for such year and successfully completed by the appli cant. Good and regular attendance upon and the successful completion of the prescribed course of instruction at a law school, the school year of which shall consist of not less than thirty-two school weeks, exclusive of vacations, in which not less than ten hours of attendance upon law lectures or recitations of such prescribed course, to be given or conducted by regular members of the faculty, are required in each week, shall be deemed a year's attendance under this rule. A period of time not exceeding six weeks actually spent in good and regular attendance upon and successful completion of law courses requiring at least ten hours of attendance in each week in a summer session maintained in connection with a law school organized as prescribed in this rule, shall be allowed as a part of the period of clerkship or study otherwise prescribed by these rules. The same period of time shall not be duplicated for different purposes; except that a student attending a law school, as herein provided, and who, during the vacations of such school, not exceeding three months in any one year, shall pursue his studies in the office of a practicing attorney, shall be allowed to count the time so occupied during such vacation or vacations as part of the clerkship in a law office specified in these rules; and except that a student attending a law school as herein provided, or serving a regular clerkship in the office of a practicing attorney of the Supreme Court in this State, who, during the vacation of such school or of such clerkship, as in Rule VI, provided, shall for a period not exceeding six weeks actually attend upon and successfully complete a law course or courses in a summer session maintained in connection with a law school organized as prescribed in this rule, may be allowed the time so spent as part of the clerkship in a law office as prescribed by these rules." (A Copy.) Endorsed Filed Mar. 18, 1920. FRANCIS M. HUGO, Secretary of State. R. M. BARBER, Clerk. Amendments to Rules of the Court of Appeals. At a Court of Appeals for the State of New York, held at 29th of September, A. D., 1920. Present, Hon. FRANK H. HISCOCK, Chief Judge, Presiding: In the Matter of the rules of the Court of Appeals, regulating admission to the Bar. On application duly made therefor, it is ORDERED, That Rule III of the Rules of the Court of Ap peals regulating admission to the bar be amended by adding to paragraph two thereof, ending with the words, "After such examination and prior to admission to the bar," the words, "Military or naval service time, when not otherwise allowed, may be counted as part of the required continuous year of law clerkship, irrespective of the time of its service." IT IS FURTHER ORDERED, that said rules be further amended by adding Rule III-b, following Rule III-a, as follows: "RULE III-b. The examination is dispensed with in the case of any applicant entitled to examination under these rules, who is a graduate of a law school duly registered by the Regents of the University of the State of New York, which requires a three-year course for graduation, and whose course of law school study was interrupted by actual and necessary service in the military or naval forces of the United States for not less than twelve months, provided the said applicant was a bona fide resident of this State at the time of the commencement of his attendance upon said law school. Such applicant shall produce before the State Board of Law Examiners, in addition to the proofs required by these rules of applicants for examination, his diploma and satisfactory evidence of adequate instruction in New York Pleading and Practice and of such military or naval service. Each applicant shall pay the Examiners the fee provided by Rule VIII. The State Board of Law Examiners shall certify to the Appellate Division of the APPENDIX. Amendments to Rules of the Court of Appeals. Supreme Court in the department in which any such applicant resides that the examination has been dispensed with. The examination in Substantive Law and Evidence alone may be dispensed with in case the applicant has had no satisfactory instruction in New York Pleading and Practice." (A Copy.) [SEAL] Endorsed: Filed Oct. 1, 1920. FRANCIS M. HUGO, Secretary of State. R. M. BARBER, Clerk. 2539 |