Md. Admin. Order of 2022-11-21 (Waiving Maryland State Bar Association Approval of ...)

IN THE MATTER OF THE REQUEST

OF THE UNIVERSITY OF THE

DISTRICT OF COLUMBIA’S DAVID

A. CLARKE SCHOOL OF LAW FOR

WAIVER OF APPROVAL FROM

THE MARYLAND STATE BAR

ASSOCIATION

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IN THE

COURT OF APPEALS

OF MARYLAND

ORDER WAIVING MARYLAND STATE BAR ASSOCIATION APPROVAL

OF LAW SCHOOL CLINICAL PROGRAM

WHEREAS, under Maryland Rule 19-220(a)(2), a “clinical program” is defined as

“a law school program for credit in which a student obtains experience in the operation of

the legal system by engaging in the practice of law that (A) is under the direction of a

faculty member of the school and (B) has been approved by the Section Council of the

Section of Legal Education and Admission to the Bar of the Maryland State Bar

Association, Inc.”; and

WHEREAS, the Court has been informed by the Maryland State Bar Association

(“MSBA”) that the MSBA has eliminated its Section of Legal Education and Admission

to the Bar (the “Section”); and

WHEREAS, as of this date, the MSBA has not sought the Court’s approval to

transfer the approval responsibility under Maryland Rule 19-220(a)(2)(B) to another

component within the MSBA; and

WHEREAS, the University of the District of Columbia, David A. Clarke School of

Law (“UDC Law School ”), sought approval from the MSBA of UDC Law School’s

clinical program under Maryland Rule 19-220(a)(2)(B) so that UDC Law School’s clinical

program students may be eligible to engage in the supervised practice of law in Maryland

under the terms of Maryland Rule 19-220, and was informed that the MSBA had disbanded

the Section; and

WHEREAS, UDC Law School’s Associate Dean of Clinical and Experiential

Programs has represented in a letter to the State Board of Law Examiners, dated November

1, 2022, among other things, that: (1) UDC is an American Bar Association (“ABA”)-

approved and accredited institution operating in compliance with each of the ABA

Standards for law schools; (2) UDC Law School’s part-time students must take one ten-

credit clinic and its full-time students must take two seven-credit clinics to graduate; (3)

UDC Law School’s students complete 42.5 hours of work per clinic credit; (4) UDC Law

School’s students are required to take professional responsibility as a pre- or co-requisite

to their first clinic; (5) UDC Law School’s clinics provide substantial experience that

involves advising or representing one or more actual clients or serving as a third-party

neutral; (6) students in UDC Law School’s clinical program work under faculty supervision

with no more than eight students per clinical professor; and (7) UDC Law School’s

Maryland-licensed clinical professors seek to work with law students to represent clinical

clients in Maryland; and

WHEREAS, it appears to the Court that it is in the interest of justice to grant a

waiver of the requirement under Maryland Rule 19-220(a)(2)(B) of approval of UDC Law

School’s clinical program by the MSBA for the fall semester of 2022 and the spring

semester of 2023; it is this 21st day of November, 2022,

ORDERED, by the Court of Appeals of Maryland, that:

(1) The requirement of approval by the Section Council of the Section of Legal

Education and Admission to the Bar of the MSBA under Maryland Rule 19-220(a)(2)(B)

is waived with respect to UDC Law School’s clinical program for the fall semester of 2022

and the spring semester of 2023; and

(2) The provisions set forth in Maryland Rule 19-220(a)(4), (b), (c), and (d) remain

in effect with respect to UDC Law School’s clinical program for the fall semester of 2022

and the spring semester of 2023.

/s/ Matthew J. Fader

Chief Judge

/s/ Shirley M. Watts

/s/ Michele D. Hotten

/s/ Brynja M. Booth

/s/ Jonathan Biran

/s/ Steven B. Gould

/s/ Angela M. Eaves

Filed: November 21, 2022

/s/ Gregory Hilton

Clerk

Pursuant to the Maryland Uniform Electronic Legal Materials Act (§§ 10-1601 et seq. of the State

Government Article) this document is authentic.

2022-11-21 16:15-05:00

Gregory Hilton, Clerk