AK · rules
Alaska Bar R. 43.4
Waiver to Practice Law for Attorney Spouses of Active Duty Military Personnel Stationed Within the State
Section 1. Purpose. Due to the unique mobility
requirements of military families, an eligible applicant who is
the spouse of a member of the United States Uniformed
Services (“service member”), stationed within Alaska, may
apply to obtain permission to practice law pursuant to the
terms of this rule.
Section 2. Eligibility. A person not admitted to the
practice of law in this state may receive permission to practice
law in the state if such person (applicant) meets all of the
following conditions:
(a) The applicant is a graduate of a law school accredited
or approved by the Council of Legal Education of the
American Bar Association or the Association of American
Law Schools when the applicant entered or graduated, or has
graduated from a law school in which the principles of English
common law are taught but which is located outside the United
States and beyond the jurisdiction of the American Bar
Association and the Association of American Law Schools,
provided that the foreign law school from which the applicant
has graduated meets the American Bar Association Council of
Legal Education Standards for approval;
(b) The applicant is an attorney in good standing,
licensed to practice before the courts of another state, territory,
or the District of Columbia;
(c) The applicant is not currently subject to attorney
discipline or the subject of a pending disciplinary matter in any
jurisdiction;
(d) The applicant possesses the character and fitness to
practice law in Alaska, pursuant to Alaska Bar Rule 2(1)(d);
(e) The applicant demonstrates presence in Alaska as a
spouse of a member of the United States Uniformed Services
pursuant to military orders;
(f) The applicant has passed the Multistate Professional
Responsibility Examination at any time prior to admission to
Alaska by obtaining a scaled score of 80; and
(g) The applicant complies with all other requirements of
Bar Rule 5.
Section 3. Application. An applicant must file with the
Alaska Bar Association the forms provided by the Board,
formally requesting permission to practice law in Alaska under
the terms of this rule.
The Board of Governors may require such information
from an applicant under this rule as is authorized for any
applicant for admission to practice law, and may make such
investigations, conduct such hearings, and otherwise process
applications under this rule as if made pursuant to this state’s rules governing application for admission without examination. Upon a showing that strict compliance with the
provisions of this section would cause the applicant
unnecessary hardship, the Board of Governors may in its
discretion waive or vary the application of such provisions and
permit the applicant to furnish other evidence instead.
Section 4. Approval. The Board of Governors shall
consider the application as soon as practicable after it has been
submitted and conduct such investigation as the Board of
Governors may deem appropriate. If it concludes that the
applicant has the qualifications required of all other applicants
for admission to practice law in this state, the applicant shall be
granted permission to practice law under the terms of this rule.
Except as provided in this rule and the Standing Policies of the
Board of Governors, attorneys granted permission to practice
under this rule shall be entitled to all privileges, rights, and benefits and subject to all duties, obligations, and responsibilities of active members of the Alaska Bar, and shall
be subject to the jurisdiction of the Board of Governors and
agencies of the state with respect to the laws and rules of this
state governing the conduct and discipline of attorneys.
Section 5. Duration and Termination of License. The
permission to perform legal services under this rule shall be
limited by any of the following events:
(a) The service member is no longer a member of the
United States Uniformed Services;
(b) The military spouse attorney is no longer married to
the service member;
(c) The service member’s military orders are changed to
reflect a permanent change of station to a military installation
other than Alaska, except that if the service member has been
assigned to an unaccompanied or remote assignment with no
dependents authorized, the military spouse attorney may
continue to practice pursuant to the provisions of this rule until
the service member is assigned to a location with dependents
authorized;
(d) The attorney is admitted to the general practice of
law under any other rule of this court; or
(e) The attorney is suspended or disbarred in any
jurisdiction of the United States, or by any federal court or
agency, or by any foreign nation before which the attorney has
been admitted to practice.
If any of the events listed in subparagraph (a)-(e) occur, the
attorney granted permission under this rule shall promptly
notify the Board of Governors in writing. The permission and
authorization to perform services under this rule shall
terminate 90 days after the date of the limiting event.
History
(Added by SCO 1881 effective October 15, 2017; and by SCO 2031 effective November 18, 2024)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
1404e6402096a513532c3f3fc6e66ffab5016b12bfa29a0d2d66466776b2e2ed
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