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Rule 303. Limited Admission of Military Attorneys.
(a) General
Rule. Subject to the conditions and limitations set forth in this
rule, a limited admission to practice law before the courts of this
Commonwealth shall be granted to an attorney who is:
(1) a full-time active duty military officer, serving in the
office of the Staff Judge Advocate of the United States Army, Air
Force, Navy, Marines, or Coast Guard, or a Naval Legal Service
Office, located in the Commonwealth of Pennsylvania, or
(2) a member of a reserve or national guard legal unit, even if
not on full-time active duty, while associated with and performing
services under the aegis of an established Expanded Legal
Assistance Program (ELAP) located in the Commonwealth of
Pennsylvania.
(b)
Application. An application for limited admission to practice under
this rule shall be made on behalf of the applicant by the Staff
Judge Advocate of the military installation to which the applicant
is assigned by filing a motion with the Prothonotary on a form
prescribed by the board and accompanied by:
(1) documentation from the highest court of another state
showing that the applicant is admitted to practice law and is on
active status in such state at the time of filing the application;
(2) a certificate of good standing from the highest court or
the agency having jurisdiction over admission to the bar and the
practice of law in every jurisdiction in which the applicant has
been admitted to practice law, stating that the applicant is in
good professional standing at the bar of such court or such state;
(3) proof that the applicant has completed at least 15 credit
hours of approved continuing legal education in subjects relating
to Pennsylvania practice, procedure and professional
responsibility.
(c) Action. If
the motion and required documents are in proper order, the
Prothonotary shall enter the name of the applicant upon the docket
of persons specially admitted to the bar of this Commonwealth
subject to the restrictions of this rule and shall issue a limited
certificate of admission in evidence thereof.
(d) Scope of
Practice. Military lawyers granted limited admission to practice law
pursuant to this rule may represent active duty military personnel
in enlisted grades E-1 through E-4, their dependents, and such other
active duty military personnel and their dependants, who are under
substantial financial hardship, before the courts and district
justices of this Commonwealth in civil matters and administrative
proceedings to the extent such representation is permitted by the
supervisory Staff Judge Advocate or Commanding Officer. Admission to
practice under this rule shall be limited to the matters specified
in the preceding sentence and military lawyers admitted to practice
pursuant to this rule shall not represent themselves to be members
of the bar of this Commonwealth. Attorneys who are practicing under
this rule shall not demand or receive any compensation from clients
in addition to usual military pay to which they are entitled.
(e) Expiration
of Admission. The right to practice under this rule shall be limited
to a period of four years unless extended by the Prothonotary for an
additional four years upon written request of the Staff Judge
Advocate of the military installation to which the applicant is
assigned and shall cease when: (1) the applicant is admitted to the
bar of this Commonwealth under any other rule; (2) the applicant
fails to continue to meet the requirements of Sections (b)(1) and
(b)(2) above; (3) when a full-time active duty military officer
licensed under this rule ceases to be stationed in Pennsylvania or
(4) when a member of a reserve or national guard unit ceases to
provide legal services under an established Expanded Legal
Assistance Program located in Pennsylvania. When a military lawyer
ends active duty military service in this state, or a member of a
reserve or national guard unit ceases to provide legal services
under an ELAP program, a written statement to that effect shall be
filed with the Prothonotary by the Staff Judge Advocate of the
military installation to which the applicant had been assigned.
(f) Status. An
attorney admitted under this rule is subject to the Rules of
Professional Conduct and the Rules of Disciplinary Enforcement but
shall not be required to pay the annual fee that is required to be
paid by active attorneys who are admitted to practice in this
Commonwealth.
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