Maine Revised Statutes Title 4 Sec. 805-A – Qualifications for admission to practice
Current as of: 2023 | Check for updates
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1. Certificate of qualification; admission. Any person who produces a certificate of qualification from the board recommending that person’s admission to the bar may be admitted to practice as an attorney in the courts of this State on motion in open court. A person may not be denied the opportunity to qualify for admission because of actual or perceived race, color, sex, sexual orientation, gender identity, physical or mental disability, religion, ancestry or national origin, age or familial status.
[PL 2021, c. 553, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 4 Sec. 805-A
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Issuance of certificate of qualification. A board of bar examiners shall issue a certificate of qualification stating that the applicant is a person of good moral character and possesses sufficient learning in the law to practice as an attorney in the courts of this State to each applicant who:
A. Produces satisfactory evidence of good moral character.
(1) The fact that an applicant has been convicted as an adult of a crime that is punishable by imprisonment of one year or more in this State or in another state or jurisdiction of the United States raises a presumption that the applicant has not met this requirement. This presumption may be rebutted by proof that a lawful pardon has been obtained, that extraordinary circumstances surrounded the commission of the crime or that a reasonable amount of time has passed since the applicant’s conviction and completion of sentence and there is evidence of complete rehabilitation based on the applicant’s subsequent history.
(2) Nothing in subparagraph (1) precludes the board or the Supreme Judicial Court from considering a conviction as a basis for disqualification under this paragraph; [PL 1993, c. 643, §1 (AMD).]
B. Attains the passing grades established by the board on those examinations required by the board; and [PL 1985, c. 124, §6 (NEW).]
C. [PL 2023, c. 141, §1 (RP).]
D. Establishes that the applicant has satisfied all of the other requirements under the Maine Bar Admission Rules for the board to issue a certificate of qualification. [PL 2023, c. 141, §2 (NEW).]
[PL 2023, c. 141, §§1, 2 (AMD).]
3. Admission within one year of passing bar examination. An applicant for admission by examination must be admitted to practice within one year from the date that the applicant has been notified of that applicant’s passing of the bar examination. This one-year period may be extended by successive one-year periods by a Justice of the Supreme Judicial Court on motion for good cause shown during the period.
[PL 2023, c. 141, §3 (AMD).]
4. Admission within one year of applying for admission on motion. An applicant who is an attorney admitted to practice law in a state or territory of the United States or the District of Columbia who meets the requirements for admission on motion under the Maine Bar Admission Rules must be admitted to practice within one year from the date that the board of bar examiners receives the applicant’s application. This period may be extended by a 6-month period by the board of bar examiners pursuant to the regulations of the board of bar examiners and then by successive one-year periods by a Justice of the Supreme Judicial Court on motion for good cause shown during the 6-month period or any succeeding one-year period.
[PL 2023, c. 141, §4 (NEW).]
SECTION HISTORY
PL 1985, c. 124, §6 (NEW). PL 1987, c. 395, §A14 (AMD). PL 1993, c. 643, §1 (AMD). RR 2021, c. 1, Pt. B, §23 (COR). PL 2021, c. 553, §1 (AMD). PL 2023, c. 141, §§1-4 (AMD).