Utah Courts
SCRP Rule 4-804 (Supreme Court Rules of Professional Practice)
SCRP Rule 4-804 (Supreme Court Rules of Professional Practice)
Rule 4-804. Registered military legal assistance certification for military lawyers.
(a) Certification for military lawyers to practice in Utah. A lawyer admitted to the practice of law in a state or territory of the United States or of the District of Columbia, who is serving in or employed by the United States Uniformed Services and authorized to provide legal assistance by federal statute or military regulation (“military lawyer”), may obtain a Registered Military Legal Assistance Certificate to represent clients before courts and agencies in Utah when the military lawyer is employed, stationed, or assigned at a military installation in Utah.
(b) Application requirements. The military lawyer must be of good moral character and shall apply to the Bar by:
(b)(1) filing an application in the form and manner prescribed by the Bar;
(b)(2) presenting proof that the military lawyer is employed, stationed, or assigned at a military installation in Utah;
(b)(3) presenting satisfactory proof of admission to the practice of law before the highest court of a state or territory of the United States or the District of Columbia and submitting certification that the military lawyer is in good standing in all jurisdictions where currently admitted and is not currently subject to attorney discipline or the subject of a pending disciplinary matter in any jurisdiction;
(b)(4) certifying the applicant has not been previously denied admission to the Bar;
(b)(5) submitting an affidavit from the military lawyer’s commanding officer, staff judge advocate, or chief legal officer of the military installation in Utah attesting that the military lawyer will serve as a lawyer exclusively to provide legal services as authorized by federal statute or military regulation, and that the military lawyer’s commanding officer, staff judge advocate, or chief legal officer will notify the Bar within ten days of the termination of the lawyer’s military employment or service in Utah; and
(b)(6) furnishing whatever additional information or proof that may be required in the course of processing the application.
(c) Certification. Upon determination by the Bar that a military lawyer has satisfied the requirements of this rule, the military lawyer will be issued a Registered Military Legal Assistance Certificate.
(d) Prohibition on holding forth. Military lawyers admitted to practice pursuant to this rule are not, and shall not represent themselves to be, members of the Bar nor represent that they are licensed to generally practice law in Utah.
(e) Scope of authorized representation. Military lawyers certified pursuant to this rule are authorized to appear before a court or agency in Utah as counsel for clients eligible to receive military legal assistance by federal statute or military regulation in any matter permitted by that federal statute or military regulation and authorized by the military lawyer’s commanding officer, staff judge advocate, or chief legal officer, or upon the consent of the applicable court or agency.
(f) Jurisdiction and authority. The practice of a lawyer admitted under this rule shall be subject to the Utah Rules of Professional Conduct and Article 5, Lawyer Discipline and Disability, and to all other applicable laws and rules governing lawyers admitted to the Bar. Jurisdiction shall continue whether or not the military lawyer retains the privilege to practice in Utah and irrespective of the residence or domicile of the military lawyer.
(g) Mandatory disclosures. A military lawyer certified under this rule must report to the Bar within 10 days;
(g)(1) any event listed in subsection (h) of this rule;
(g)(2) any change in bar membership status in any jurisdiction where the attorney has been admitted to the practice of law;
(g)(3) the imposition of any permanent or temporary professional disciplinary sanction by any jurisdiction; or
(g)(4) any change in status that may affect the lawyer’s privilege to practice under this rule.
(h) Termination of certification. The military lawyer's privilege to practice under this rule may be terminated upon completion of a disciplinary proceeding with an adverse determination in Utah or shall terminate upon any of the following events:
(h)(1) the lawyer separates or retires from the United States Uniformed Services;
(h)(2) the lawyer is no longer employed, stationed, and assigned at a military installation in Utah;
(h)(3) the lawyer fails to remain in good standing in any jurisdiction where the lawyer has been admitted to practice law; or
(h)(4) the Supreme Court orders the termination of the certificate at any time, with or without cause.
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