Haw. Sup. Ct. R. 1.17

(a) Eligibility. Due to the unique mobility requirements of members of the United States Uniformed Services (USUS), an attorney who is a spouse of such a service member assigned to active duty in the State of Hawaiʻi may be provisionally admitted as an attorney of this State, without written examination, if the following conditions are fulfilled.

(1) Requirements for admission under this Rule. The applicant must establish to the satisfaction of the Board of Bar Examiners (Board) that the applicant:

(A) is a graduate of a law school approved by the American Bar Association Council on Legal Education and Admissions to the Bar;

(B) has been admitted, after successful completion of a written examination, to practice by the highest court of another state, the District of Columbia, or a territory of the United States;

(C) is active and in good standing in at least one other jurisdiction in the United States;

(D) is at the time of application a member of the bar in good standing in every jurisdiction to which the applicant has been admitted to practice, or has resigned in good standing without any pending or later disciplinary actions;

(E) faces no current or pending discipline in any jurisdiction and has fully disclosed, for the consideration of the Board, any past discipline imposed upon the applicant in any jurisdiction;

(F) possesses the good character and fitness required of all applicants for admission in this State and has not had admission to any bar denied on character and fitness grounds;

(G) achieved a passing score on the Multistate Professional Responsibility Examination in another jurisdiction in which the applicant has received a license to practice law;

(H) has not failed the Hawaiʻi State bar examination without subsequent success;

(I) avers the applicant has read the Hawaiʻi Rules of Professional Conduct and Rule 2 of these Rules, and acknowledges the jurisdiction of the Hawaiʻi disciplinary authorities over the applicant’s professional conduct; and

(J) demonstrates that the applicant currently resides in this jurisdiction as a spouse of, and due to the active duty assignment of, the USUS member.

(2) Board review of the application. The Board shall adjudge the application as provided by the applicable sections of Rules 1.3, 1.4, and 1.5 of these Rules, except that:

(A) the Board may modify the requirements of Rule 1.3(a) of these Rules to reflect the unique demands of military life but shall, at a minimum, require a copy of the applicant’s USUS Spouse Dependent Identification, documentation evidencing a spousal relationship with the USUS member, and a copy of the service member’s USUS orders to a USUS installation in Hawaiʻi authorizing dependents to accompany the service member to Hawaiʻi;

(B) with regard to Rule 1.3(c) of these Rules, the Board shall require submission of a character and fitness report at the applicant’s expense, issued by the National Conference of Bar Examiners; and

(C) pursuant to Rule 1.4 of these Rules, the Board, with supreme court approval, may set a separate fee for application under this Rule.

(3) Form of license. The license to be given to an attorney issued pursuant to this Rule 1.17 shall be in the following form:

Supreme Court of Hawaiʻi

______________, having been examined and found to be of good moral character and to possess the necessary legal and educational qualifications, is hereby licensed to practice in all the courts of the State of Hawaiʻi, pursuant to and subject to the terms set forth in Rule 1.17 of the Rules of the Supreme Court of the State of Hawaiʻi, as an attorney, counselor and solicitor during good behavior, until such time as, pursuant to Rule 1.17(c) of the Rules of the Supreme Court of the State of Hawaiʻi, this provisional license expires.

This license shall expire no later than four years from the date of issuance.

Given under the seal of the Supreme Court, this ____ day of _________, 20__.

FOR THE COURT:

Chief Justice

(4) Duty to report change in bar status. The applicant shall, within 30 days, report to the bar any change in bar membership in any other jurisdiction where the applicant has been admitted to practice, or of the imposition of any permanent or temporary professional disciplinary sanction by any federal or state court or agency or bar association.

(5) Time and Manner of Admission. If, after such investigation as the Board may deem appropriate, it concludes that the applicant possesses the qualifications required of all other applicants for admission to practice law in this jurisdiction, the applicant shall be provisionally licensed to practice law and provisionally enrolled as a member of the bar of this jurisdiction, subject to the terms, duties, and limitations set forth in this Rule. The Board shall promptly act upon any application filed under this Rule.

(b) Practice requirements. An attorney admitted under this Rule shall comply with the registration requirements and payment of annual assessments as required of all licensed Hawaiʻi attorneys under Rule 17(d) of these Rules, during the duration of the provisional license. In addition, the applicant:

(1) shall complete, within 1 year of admission under this Rule, the Hawaiʻi Professionalism Course, sponsored by the Hawaiʻi Supreme Court, as further described in Rule 1.14 of these Rules;

(2) shall fulfill the annual Continuing Legal Education requirements, as further described in Rule 22 of these Rules;

(3) shall practice under the direct supervision, pursuant to Rule 5.1 of the Hawaiʻi Rules of Professional Conduct, of an actively licensed Hawaiʻi attorney practicing in Hawaiʻi;

Failure to comply with these limitations on practice may constitute the unauthorized practice of law; and

(4) shall report to the supreme court, within 30 days, any change in bar membership status in any jurisdiction where the attorney has been admitted to practice or any imposition of any permanent or temporary professional disciplinary sanction by any federal or state court or agency or bar association. The provisions of this Rule do not relieve the attorney of any other duties imposed by Rule 2.15 of these Rules.

(c) Term Limitation; Extensions. The provisional license granted under this Rule shall terminate 30 days after the earliest occurrence of any of the following events:

(1) the passage of 4 years from the date of issuance;

(2) the USUS spouse of the attorney admitted under this Rule ceases to be an active member of the Uniformed Services (either through discharge, separation, retirement, death, or disability) provided, however, that if the separation from service is due to the death or disability of the service member, or due to domestic abuse as defined in Hawaiʻi Revised Statutes § 586-1 by the service member, the deadline shall extend to 1 year following the terminating event or until the swearing-in date of the next Hawaiʻi bar exam for which the attorney was eligible, whichever is later;

(3) the attorney ceases to be a dependent spouse of the USUS member, as defined by that branch of service, unless the attorney is no longer a dependent spouse due to domestic abuse as defined by Hawaiʻi Revised Statutes §586-1 by the service member, in which case the deadline shall extend to 1 year following the terminating event or until the swearing-in date of the next Hawaiʻi bar exam for which the attorney was eligible, whichever is later;

(4) the effective date for any orders received by the service member posting the service member outside of this jurisdiction, unless the service member’s subsequent assignment specifies that dependents are not authorized to accompany the service member, in which case the attorney may continue to practice pursuant to this Rule until the occurrence of another terminating event set forth in this Rule (c);

(5) the attorney, independent of the spouse’s orders, establishes permanent physical residency outside of this jurisdiction;

(6) the attorney successfully completes the standard admission process for full admission to the Hawaiʻi Bar, pursuant to Rule 1.3 et seq. of these Rules;

(7) the attorney is no longer licensed and in good standing in at least 1 other U.S. jurisdiction; or

(8) the attorney resigns the provisional license, pursuant to Rule 1.10 of these Rules.

Failure to timely report any terminating event to the Board may result in the unauthorized practice of law and/or disciplinary referral.

If the exception set forth in section (c)(2) of this Rule applies to extend the license past the standard 30 days of the triggering event, the applicant must notify the Board regarding the extension and submit any supporting documentation required by the Board at its discretion.

This provisional license cannot be renewed.

(d) Duties upon termination of the license. Upon termination of the license granted under this Rule, if the attorney thereafter shall not be licensed to practice in this jurisdiction under some other authority, the attorney shall, within the 30-day deadline for termination of the license, notify or cause to be notified, by registered or certified mail, return receipt requested, the supreme court and the Hawaiʻi State Bar Association, as well as each of the attorney’s clients involved in pending litigation or administrative proceedings and the attorney or attorneys for each party in such litigation or proceedings, and any self-represented parties, of the impending termination of the license and consequent inability to act as an attorney after the effective date of the termination. The notice given to the client shall advise the client of the desirability of the prompt substitution of another attorney or attorneys in the withdrawing attorney’s place. The notice given to other counsel or self-represented parties shall state the place of residence or other address at which the client of the withdrawing attorney can be contacted.

The attorney shall also make reasonable efforts to withdraw from any pending court matters prior to the expiration of the license but, in the event a client does not obtain substitute counsel before the

effective date of the termination of the license, the

attorney shall nevertheless withdraw.

Within 10 days after the effective date of the termination of the license, the attorney shall file with the Board an affidavit showing that the attorney has fully complied with the duties of withdrawal set forth in this subsection (d).

(e) Discipline; Dues. Attorneys admitted pursuant to this Rule shall be subject to the jurisdiction of the supreme court and the Disciplinary Board of the Hawaiʻi Supreme Court, pursuant to proceedings under Rule 2 of these Rules and to administrative suspension for failure to comply with the annual registration requirements of Rule 17(d) of these Rules. Attorneys admitted under this Rule shall be required to pay dues and fees lawfully imposed on attorneys licensed to practice law in the State of Hawai’i. The fees for application and certificate of admission shall be assessed and paid on application for admission under this Rule. The fees determined under Rule 17(d)(3) of these Rules shall be assessed and paid from and after admission to the bar for the duration of the license.

(Added February 9, 2018, effective July 1, 2018; further amended November 2, 2018, effective November 2, 2018; further amended March 18, 2019, effective July 1, 2019; further amended November 14, 2019, effective January 1, 2020; further amended June 5, 2020, effective July 1, 2020; further amended October 16, 2020, effective January 1, 2021.)