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Idaho Supreme Court Formally Adopts Military Spouse Admission

Idaho Recognizes Unique Licensing Challenges Facing Military Spouses

The Idaho Supreme Court has become the first state in the country to adopt a rule addressing the unique challenges facing military spouses with legal careers. Idaho Bar Commission Rule 229, Military Spouse Provisional Admission, allows qualified military spouse attorneys to apply for admission to the Idaho State Bar without examination while in the state due to military orders.

Rule 229 was recommended to the Idaho Supreme Court after being met with overwhelming support by members of the Idaho State Bar during the annual fall resolution process. The Court approved the rule in late January and recently issued an Order officially adopting Rule 229.

In February 2012, the American Bar Association unanimously passed a resolution urging bar admission authorities to adopt rules, regulations, and procedures that accommodate the unique needs of military spouse attorneys who move frequently in support of the nation’s defense.

First Lady Michelle Obama highlighted the ABA resolution while issuing a Department of Defense report “Supporting our Military Families: Best Practices for Streamlining Occupational Licensing Across State Lines.” The report states that because “nearly 35 percent of military spouses work in licensed or certified professions and are 10 times as likely to move across state lines than their civilian counterparts, military spouses are more frequently affected by the lengthy background checks, exams, fees, and other burdens associated with the lack of licensing portability.”

The Military Spouse JD Network (“MSJDN”) worked closely with Idaho on Rule 229. “Military families move every two to three years, with assignments across the country and around the world. The requirement for an attorney to sit for an additional bar exam in each jurisdiction creates enormous barriers to the maintenance of a continuous professional career,” says Mary Reding, co-founder of the MSJDN.

“Adoption of Rule 229 is the wonderful conclusion to months of hard work”, says Kimberly Espinosa, Director of Idaho for the MSJDN, who traveled the state presenting the Rule to hundreds of attorneys last fall. “Idaho has shown tremendous support for military families and has set a remarkable example for the rest of the country. I am optimistic that other states will follow the lead in providing military spouse attorneys greater access to the practice of law while our spouses are serving our country.”

Rule 229 is scheduled to take effect on July 1, 2012.

 

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