A house RESOLUTION

 

TO URGE THE SOUTH CAROLINA SUPREME COURT TO CONSIDER AMENDING ITS RULES TO PERMIT MILITARY VETERANS WHO RESIDE IN SOUTH CAROLINa BUT ARE LICENSED TO PRACTICE law IN ANOTHER STATE TO BECOME MEMBERS OF THE SOUTH CAROLINA BAR WITHOUt THE NECESSITY OF TAKING A BAR EXAM WHILE PROTECTING THE INTEGRITY OF BAr ADMISSIONS.

 

Whereas, South Carolina takes pride in its ties to the military, which include eight major military installations and numerous other facilities, home to the eighth highest number of military retirees, and, as of last year, is home to over 397,000 veterans; and

 

Whereas, South Carolina has taken steps in recent years to enhance South Carolina's reputation as a military-friendly state including, but not limited to, the passage of Act 156 in 2022, known as the "Workforce Enhancement and Military Recognition Act"; and

 

Whereas, during the ceremonial bill signing of Act 156, the Governor stated, "This important step adds to South Carolina's reputation as the most military-friendly state in the country and further incentivizes our nation's veterans to live, work and raise their families in South Carolina"; and

 

Whereas, in 2020, the General Assembly passed the "Armed Services Members and Spouses Professional and Occupational Licensing Act" which permits boards, commissions, and agencies providing professional certificates or licenses to promulgate rules to grant professional certificates or licenses to spouses of active duty members stationed in South Carolina, under certain conditions; and

 

Whereas, among the veterans proud to call South Carolina home are individuals who want and need to continue working in order to support themselves and their families;

 

Whereas, Section 4, Article V of the South Carolina Constitution provides, in part, that "The Supreme Court shall have jurisdiction over the admission to the practice of law and the discipline of persons admitted."; and

 

Whereas, currently, South Carolina's Court Rules do not provide a pathway for a military veteran attorney to be admitted to the South Carolina Bar, even if that veteran is currently licensed in another state and has honorably served as a military attorney, unless the veteran attorney either takes the South Carolina Bar Exam or has taken the Uniform Bar Examination within three years prior to seeking admission to the South Carolina Bar; and

 

Whereas, the American Bar Association's Comprehensive Guide to Bar Admissions (2021) indicates that the vast majority of states permit attorneys to become members of another state's bar upon request, without requiring the passage of that state's bar exam, as long as the attorney meets certain standards, such as the length of time the attorney has practiced law.  Now, therefore,

 

Be it resolved by the House of Representatives:

 

That the members of the South Carolina House of Representatives, by this resolution, urge the South Carolina Supreme Court to consider amending its rules to permit military veterans who reside in South Carolina but are licensed to practice law in another state to become members of the South Carolina Bar without the necessity of taking a bar exam while protecting the integrity of bar admissions. 

 

Be it further resolved that a copy of this resolution be presented to the Chief Justice of the South Carolina Supreme Court.

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