Section 53. Rule-making power of court of appeals as to admission of attorneys and counsellors  


Latest version.
  • 1. The court of appeals may from time to time
      adopt, amend, or rescind rules not inconsistent with the constitution or
      statutes of  the  state,  regulating  the  admission  of  attorneys  and
      counsellors  at  law,  to  practice  in  all the courts of record of the
      state.
        2. The court may make such provisions as  it  shall  deem  proper  for
      admission  to practice as attorneys and counsellors, of persons who have
      been admitted to practice in other states or countries.
        3. The court shall prescribe rules providing for a uniform  system  of
      examination  of  candidates  for  admission to practice as attorneys and
      counsellors, which shall govern the state board of law examiners in  the
      performance  of its duties. The court shall not by its rules cause to be
      barred  from  examination  or,  upon  successful   completion   of   the
      examination  process, subsequent admission to the state bar, provided he
      or she shall otherwise meet any requirements for admission,  any  person
      who  is  currently  admitted  to practice in the jurisdiction of another
      state and has received a degree from a law school which  qualifies  such
      person  to  practice  law  in  such state, other than a law school which
      grants credit for correspondence courses, provided that such person  has
      been  engaged  in  the actual practice of law in the state in which they
      are admitted for no less than five years.
        4. The rules  established  by  the  court  of  appeals,  touching  the
      admission  of  attorneys  and  counsellors  to practice in the courts of
      record of the state, shall not  be  changed  or  amended,  except  by  a
      majority  of  the judges of that court. A copy of each amendment to such
      rules must, within five days after it is adopted, be filed in the office
      of the secretary of state.
        5. Nothing contained in this chapter prevents  the  court  of  appeals
      from  dispensing,  in the rules established by it, with the whole or any
      part of the stated period of clerkship required from  an  applicant,  or
      with the examination where the applicant is a graduate of the Albany law
      school,  Union  university, or of the New York university school of law,
      or of the school of law of Columbia university, or of the university  of
      Buffalo  school of law, or of the Cornell law school, or of the Syracuse
      university college of law, or of the Brooklyn  law  school,  or  of  the
      Fordham  university school of law, or of any 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 produces  his  diploma  upon  his
      application for admission to practice.
        6.  Nothing  contained  in  this chapter prevents the court of appeals
      from adopting rules for the licensing, as a  legal  consultant,  without
      examination  and  without regard to citizenship, of a person admitted to
      practice in a foreign country  as  an  attorney  or  counsellor  or  the
      equivalent.  Any  person so licensed shall not practice in the courts of
      the state but may render legal services in the state within  limitations
      prescribed in rules adopted by the court of appeals and shall subject to
      the  foregoing  be  governed  by  the  provisions  of section ninety and
      article fifteen of this chapter.