Alaska Bar. R. 43.1

As amended through May 30, 2024
Rule 43.1 - Waivers to Practice Law Under a United States Armed Forces Expanded Legal Assistance Program
Section 1. Eligibility. A person not admitted to the practice of law in this state may receive permission to practice law in the state if such person meets all of the following conditions:
(a) The person is a graduate of a law school which was accredited or approved by the Council of Legal Education of the American Bar Association or the Association of American Law Schools when the person entered or graduated and is an attorney in good standing, licensed to practice before the courts of another state, territory or the District of Columbia, or is eligible to be admitted to practice upon taking the oath of that state, territory or the District of Columbia;
(b)The person is an active duty member of the United States Armed Forces assigned to the Judge Advocate General's Corps or the United States Coast Guard; and
(c) The person has not failed the bar exam of this state.
Section 2. Application. Application for such permission shall be made as follows:
(a) The Staff Judge Advocate of the Military Installation to which the applicant is assigned shall apply to the Board of Governors on behalf of a person eligible under Section 1;
(b) Application shall be made on forms approved by the Board of Governors; and
(c) Proof shall be submitted with the application that the applicant is a graduate of an accredited Law School as provided in Section 1 of this rule and is an attorney in good standing, licensed to practice before the courts of another state, territory or the District of Columbia, or is eligible to practice upon taking the oath of the state, territory or the District of Columbia.
Section 3. Approval. The Board of Governors shall consider the application as soon as practicable after it has been submitted. If the Board finds that the applicant meets the requirements of Section 1 above, it shall grant the application and issue a waiver to allow the applicant to practice law before all courts of the State of Alaska. The Board of Governors may delegate the power to the Executive Director of the Bar Association to approve such applications and issue waivers, but the Board shall review all waivers so issued at its regularly scheduled meetings.
Section 4. Conditions. A person granted such permission may practice law only as required in the course of representing military clients or their dependents, or when accepting a case under the auspices of a qualified legal services provider as provided in Bar Rule 43.2(c)(2), and shall be subject to the provisions of Part II of these rules to the same extent as a member of the Alaska Bar Association. Such permission shall cease to be effective upon the failure of the person to pass the Alaska Bar examination.
Section 5.Duration and Termination of License. The permission to perform legal services under this rule shall be limited by any of the following events:
(a) The attorney is no longer a member of the United States Uniformed Services;
(b) The attorney's military orders are changed to reflect a permanent change of station to a military installation other than Alaska;
(c) The attorney is admitted to the general practice of law in Alaska under any other rule of this court; or
(d) The attorney is suspended or disbarred, or pending suspension or disbarment, in any jurisdiction of the United States, or by any federal court or agency, or by any foreign nation before which the attorney has been admitted to practice. If any of the events listed in subparagraph (a) - (d) occur, the attorney granted permission under this rule shall notify the Board of Governors in writing within 30 days of the limiting event. The permission to perform services under this rule shall terminate 90 days after the date of the limiting event.

Alaska Bar. R. 43.1

Added by SCO 345 effective 12/18/1978; amended by SCO 1333 effective 1/15/1999; and by SCO 1901 effective 4/15/2017; SCO 1940 August 7, 2018, effective 4/15/2019.