27 ncac 03 .0503             Requirements for Military Spouse Comity Applicants

A Military Spouse Comity Applicant, upon written application may, in the discretion of the Board, be granted a license to practice law in the State of North Carolina without written examination provided that:

(1)           The Applicant fulfills all of the requirements of Rule .0502 of this Section, except that:

(a)           in lieu of the requirements of Rule .0502(3) of this Section, a Military Spouse Comity Applicant shall certify that said applicant has read the Rules of Professional Conduct promulgated by the North Carolina State Bar and shall prove to the satisfaction of the Board that the Military Spouse Comity Applicant is duly licensed to practice law in a state or territory of the United States, or the District of Columbia, and that the Military Spouse Comity Applicant has been for at least four out of the last eight years immediately preceding the filing of this application with the Executive Director, actively and substantially engaged in the practice of law. Practice of law for the purposes of this Rule shall be defined as it would be defined for any other comity applicant; and

(b)           Rule .0502(4) of this Section shall not apply to a Military Spouse Comity Applicant.

(2)           Military Spouse Comity Applicant Defined. A Military Spouse Comity Applicant is any person who is:

(a)           an attorney at law duly admitted to practice in another state or territory of the United States, or the District of Columbia; and

(b)           identified by the Department of Defense (or, for the Coast Guard when it is not operating as a service in the Navy, by the Department of Homeland Security) as the spouse of a service member of the United States Uniformed Services; and

(c)           is residing or intends within the next six months to be residing, in North Carolina due to the service member's military orders for a permanent change of station to the State of North Carolina.

(3)           Procedure. In addition to the documentation required by of Rule .0502(1) of this Section, a Military Spouse Comity Applicant must file with the Board the following:

(a)           a copy of the service member's military orders reflecting a permanent change of station to a military installation in North Carolina; and

(b)           a military identification card which lists the Military Spouse Applicant as the spouse of the service member.

(4)           Fee. No application fee will be required for Military Spouse Comity Applicants.

History Note:        Authority G.S. 84-21; 84-24;

Eff. February 1, 2025.