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AK · rules

Alaska Bar R. 43.4

Waiver to Practice Law for Attorney Spouses of Active Duty Military Personnel Stationed Within the State

activein force · 2024-11-18 – presentact-effective-date

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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