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Bar News - September 21, 2007


States with Admissions Reciprocity: List Expands

          

According to Supreme Court officials, a change in the interpretation of the rules governing admissions reciprocity will open more states to which NH Bar members may apply for admission on motion (without exam).        

           

When Supreme Court Rule 42 went into effect March 1, 2003, the Court used a list of states that it had determined had substantially similar or “comparable” standards for admission on motion that would apply to NH attorneys seeking admission in those states.

           

There were a number of states whose admissions standards were similar to NH’s except for a requirement that the attorney had to have “intent” to relocate or primarily practice in that state or establish an office there. (NH does not have such a rule.)

 

The list of states that allow admission on motion without exam was reviewed this summer, and the Court decided to include, as a preliminary determination, several additional states, including Connecticut, Michigan, Tennessee, Ohio, Illinois and Indiana, Court officials said.

           

Meanwhile, the state continues to experience a steady influx of applicants for the admission by motion process.  

           

The following is the text of the “Reciprocal Jurisdictions for Admission on Motion” page on the Court’s Web site at http://www.courts.state.nh.us/nhbar/reciprocal.htm.

 

General Rule on Admission by Motion – Supreme Court Rule 42(10)

           

Supreme Court 42 (10) authorizes admission to the New Hampshire bar without examination for applicants who, among other things, have either:

A.         taken and passed the bar examination in another state, territory, or the District of Columbia that allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule; or

B.         been primarily engaged in the active practice of law in a state, territory, or the District of Columbia for five of the seven years immediately preceding the date upon which the motion is filed that allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in this rule.

It is the applicant’s burden to demonstrate that the jurisdiction in question allows admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in Rule 42(10). A preliminary determination has been made that the following allow admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in Rule 42(10):

            ALABAMA 

            ALASKA

            ARKANSAS 

            COLORADO 

            CONNECTICUT

            DISTRICT OF COLUMBIA 

            GEORGIA

            IDAHO

            ILLINOIS

            INDIANA

            IOWA 

            KANSAS

            KENTUCKY

            MASSACHUSETTS 

            MICHIGAN

            MINNESOTA 

            MISSOURI

            NEBRASKA 

            NEW YORK

            NORTH CAROLINA 

            NORTH DAKOTA

            OHIO

            OKLAHOMA 

            PENNSYLVANIA 

            SOUTH DAKOTA

            TENNESSEE

            TEXAS

            UTAH

            WASHINGTON

            WYOMING

 

A preliminary determination has been made that the following states do not allow admission without examination of persons admitted to practice law in New Hampshire under circumstances comparable to those set forth in Rule 42(10).

           

            ARIZONA 

            CALIFORNIA 

            DELAWARE

            FLORIDA 

            HAWAII 

            LOUISIANA 

            MARYLAND

            MAINE* 

            MISSISSIPPI

            MONTANA 

            NEVADA 

            NEW JERSEY

            NEW MEXICO 

            OREGON

            RHODE ISLAND 

            SOUTH CAROLINA 

            VERMONT* 

            VIRGINIA

            WEST VIRGINIA 

            WISCONSIN 

 

As noted, all determinations are preliminary and may be subject to change.

 

*NOTE: Although applicants admitted to practice in MAINE or VERMONT may not be eligible for admission on motion under Rule 42(10), such applicants may be eligible for admission on motion under Rule 42(11) or 42(12).

 

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