Bill Text: IA HF322 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to qualifications to practice law in Iowa and regulation of persons admitted to practice law in a jurisdiction of the United States other than Iowa. (Formerly HSB 9.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-18 - Withdrawn. H.J. 922. [HF322 Detail]
Download: Iowa-2019-HF322-Introduced.html
House
File
322
-
Introduced
HOUSE
FILE
322
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
9)
A
BILL
FOR
An
Act
relating
to
qualifications
to
practice
law
in
Iowa
1
and
regulation
of
persons
admitted
to
practice
law
in
a
2
jurisdiction
of
the
United
States
other
than
Iowa.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
602.10102,
Code
2019,
is
amended
to
read
1
as
follows:
2
602.10102
Qualifications
for
admission.
3
Every
applicant
for
such
admission
shall
be
a
person
of
4
honesty,
integrity,
trustworthiness,
truthfulness
and
one
who
5
appreciates
and
will
adhere
to
a
code
of
conduct
for
lawyers
6
as
adopted
by
the
supreme
court.
The
applicant
shall
be
an
7
inhabitant
of
this
state,
and
shall
have
actually
and
in
good
8
faith
pursued
a
regular
course
of
study
of
the
law
and
shall
9
have
graduated
from
some
reputable
law
school.
The
application
10
form
shall
not
contain
a
recent
photograph
of
the
applicant.
11
An
applicant
shall
not
be
ineligible
for
registration
because
12
of
age,
citizenship,
sex,
race,
religion,
marital
status
or
13
national
origin
although
the
application
form
may
require
14
citizenship
information.
The
board
may
consider
the
past
15
record
of
guilty
pleas
and
convictions
of
public
offenses
of
an
16
applicant.
Character
references
may
be
required;
however,
such
17
references
shall
not
be
restricted
to
lawyers.
18
Sec.
2.
Section
602.10109,
Code
2019,
is
amended
to
read
as
19
follows:
20
602.10109
Practitioners
from
other
states
United
States
21
jurisdictions
.
22
Any
person
who
is
a
resident
of
this
state,
and
has
been
23
admitted
to
the
bar
of
any
other
state
in
the
United
States
,
or
24
the
District
of
Columbia,
or
a
territory
of
the
United
States,
25
may,
in
the
discretion
of
the
court,
be
admitted
to
practice
in
26
this
state
without
examination
or
proof
of
a
period
of
study.
27
The
person,
in
the
application
for
admission
to
practice
law
28
in
this
state,
in
addition
to
all
other
requirements
stated
in
29
this
chapter
,
shall
establish
that
the
person
has
practiced
law
30
for
five
full
years
under
license
in
such
jurisdiction
within
31
the
seven
years
immediately
preceding
the
date
of
application
32
and
still
holds
a
license
to
practice
law.
The
teaching
of
law
33
as
a
full-time
instructor
in
a
recognized
law
school
in
this
34
state
or
some
other
state
shall
for
the
purpose
of
this
section
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be
deemed
the
practice
of
law.
Any
person
who
has
discharged
1
actual
legal
duties
as
a
member
of
the
armed
services
of
2
the
United
States
shall
be
deemed
to
have
practiced
law
for
3
the
purposes
of
this
section
if
certified
to
as
such
by
the
4
judge
advocate
general
of
the
service.
The
court
may
charge
5
an
investigation
fee
based
upon
the
cost
of
conducting
the
6
investigation
as
determined
by
the
court.
7
Sec.
3.
Section
602.10111,
Code
2019,
is
amended
to
read
as
8
follows:
9
602.10111
Nonresident
Non-Iowa
attorney
——
appointment
of
10
local
Iowa
attorney.
11
Any
member
of
the
bar
of
another
state,
the
District
of
12
Columbia,
or
a
territory
of
the
United
States
actually
engaged
13
in
any
cause
or
matter
pending
in
any
court
of
this
state,
may
14
be
permitted
by
such
court
to
appear
in
and
conduct
such
cause
15
or
matter
while
retaining
the
attorney’s
residence
in
another
16
state
,
without
being
subject
to
this
article
;
provided
that
at
17
the
time
the
attorney
enters
an
appearance
the
attorney
files
18
with
the
clerk
of
such
court
the
written
appointment
of
some
19
attorney
resident
and
admitted
to
practice
in
the
state
of
20
Iowa,
upon
whom
service
may
be
had
in
all
matters
connected
21
with
said
action,
with
the
same
effect
as
if
personally
made
on
22
such
foreign
attorney
within
this
state.
In
case
of
failure
to
23
make
such
appointment,
such
attorney
shall
not
be
permitted
to
24
practice
as
provided
in
this
section
,
and
all
papers
filed
by
25
the
attorney
shall
be
stricken
from
the
files.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
removes
the
requirement
that
an
applicant
for
30
admission
to
practice
law
(be
admitted
to
the
bar)
in
Iowa
be
31
a
resident
of
Iowa.
The
bill,
in
part,
is
a
response
to
the
32
United
States
Supreme
Court’s
decision
in
Supreme
Court
of
New
33
Hampshire
v.
Piper,
470
U.S.
274
(1985).
That
case
held
that
a
34
state
residency
requirement
to
be
admitted
to
the
bar
violated
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the
Privileges
and
Immunities
Clause
of
the
United
States
1
Constitution.
2
The
bill
provides
that
people
who
are
qualified
to
be
3
admitted
to
practice
law
in
Iowa
at
the
discretion
of
the
4
court
include
not
only
persons
who
have
been
admitted
to
the
5
bars
of
any
other
state
or
the
District
of
Columbia
but
also
a
6
territory
of
the
United
States.
7
Finally,
the
bill
provides
that
an
out-of-state
attorney
8
admitted
to
the
bar
of
the
District
of
Columbia
or
a
territory
9
of
the
United
States
may
apply
to
appear
pro
hac
vice
in
an
Iowa
10
case
and
removes
the
requirement
that
the
local
attorney
be
a
11
resident
of
Iowa;
however,
it
maintains
the
requirement
that
12
the
local
attorney
be
admitted
to
practice
law
in
the
state
of
13
Iowa.
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