Rule 720: Restricted License for Military Spouse

(a)   Eligibility. An applicant may seek admission to the Kansas bar without examination by applying for a military-spouse restricted license to practice law in Kansas if the applicant meets the following requirements:

(1)   is eligible under Rule 708;

(2)   is admitted by examination and licensed for the practice of law by the highest court of another state, the District of Columbia, or a United States territory;

(3)   has never received professional discipline of suspension, disbarment, or loss of license in any jurisdiction;

(4)   resides or will reside in Kansas as a spouse of an active member of the United States Uniformed Services stationed in Kansas; and

(5)   is or will be employed with a Kansas attorney who will certify that the Kansas attorney meets the following qualifications:

(A)   is registered as active under Rule 206, in good standing, and regularly engaged in the practice of law; and

(B)   will have ultimate responsibility for clients.

(b)   Required Documents and Fee. No later than 90 days after the start date of the employment described in subsection (a)(5), an applicant under this rule must submit the following:

(1)   an application submitted and accepted through the Attorney Admissions office’s online portal;

(2)   the contact information for the Kansas attorney who will provide the certification required under subsection (a)(5);

(3)   any other information the admissions attorney, the Attorney Admissions Review Committee, or the Board of Law Examiners requests for use in considering the application; and

(4)   the fee under Rule 707(a)(7).

(c)   Application Review Process. The following rules apply in the application review process:

(1)   Rule 723 and Rule 725 apply to the character and fitness investigation and any hearing;

(2)   Rule 724 applies following an adverse Board ruling; and

(3)   Rule 726 applies if the Board approves an application, except that the license issued under this rule is temporary and restricted. 

(d)   Authorization. The restricted license authorizes the attorney to perform legal services exclusively for the employer.

(e)   Duties. A person granted a restricted license under this rule is subject to all rules for practicing law in Kansas, including the requirements for continuing legal education.

(f)   Duration of Restricted License.

(1)   Change in Circumstances. The restricted license terminates on the date that any of the following occurs:

(A)   the attorney is no longer married to an active member of the United States Uniformed Services;

(B)   the service member is no longer stationed at a military installation in Kansas;

(C)   the attorney no longer resides in Kansas; or

(D)   the attorney is admitted to the Kansas bar under Rule 716, 717, or 719.

(2)   Change in Employment. If the employment under subsection (a)(5) ceases, the attorney’s right to practice law in Kansas terminates unless the attorney has accepted new qualifying employment and provides the following to the Attorney Admissions office within 30 days:

(A)   written documentation of acceptance of new employment; and

(B)   the contact information for the Kansas attorney who will provide the new certification required under subsection (a)(5).

(g)   Time in Practice. An attorney may use time in practice under a military-spouse restricted license to satisfy the active practice requirement under Rule 719. But an attorney may not use time in practice under this rule to satisfy the requirements of a Kansas statute or regulation. 

[History: New rule adopted effective July 1, 2022.]