State Emeritus Pro Bono Practice Rules Updated May 2019

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American Bar Association Commission on Law and Aging David Godfrey Senior Attorney [email protected]

Emeritus pro bono practice rules encourage retired and inactive attorneys to volunteer to provide pro bono assistance to clients unable to pay for essential legal representation. Currently 44 jurisdictions have adopted emeritus pro bono rules waiving some of the normal licensing requirement for attorneys agreeing to limit their practice to volunteer service. The following chart contains essential details of the current rules.

For more information see:

Performance Data on Emeritus Pro Bono Practice Rules http://www.americanbar.org/content/dam/aba/administrative/law_aging/EmeritusAttorneyProBonoPracticeRulesProjectReport.authchec kdam.pdf

Emeritus Attorney Programs: Best Practices and Lessons Learned http://www.americanbar.org/content/dam/aba/administrative/law_aging/emeritus_best_practices_9_27.authcheckdam.pdf

State Emeritus Pro Bono Practice Rules

Alabama (2008) None None Inactive No Reduced No Yes No No Linda L. Lund, Director Rule 6.6 Volunteer Lawyers Program Alabama State Bar P. O. Box 671 Montgomery, Alabama 36101

Alaska (2007) None None Retired or No Waived n/a Yes No Yes program Krista Scully Bar Rule 43.2 inactive must Pro Bono Director disclose Alaska Bar Association coverage

Arizona (2009) (2012) None At least 5 Retired, Yes Reduced Waived Yes Yes Yes (must Kim Bernhart A.R.S. Sup.Ct.Rules, inactive, or disclose Arizona Foundation for Rule 38(e) otherwise existence Legal Services and not able to and extent Education practice law of 4201 N. 24th St., Suite in the state malpractice 210 of Arizona coverage) Phoenix, Arizona 85016

Arkansas (2001, 2011) None None Out of state Only Waived No Yes Yes Yes Administrative Office of Order 15.2 only the Courts 625 Marshall Street Suite 1100 Little Rock, AR 72201

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California (2011) None At least 3 Inactive No Waived No, may be Yes “Adequate No mention Michael Dayao Title 3 Division 2 with (Must act reduced supervision State Bar of California Chapter 6 3 of last 5 exclusively required” The State Bar of State Bar Regulation in CA as pro bono California Rules & Regs 3.2.6 practice 180 Howard Street San attorneys for Francisco, CA 94105 an entire calendar year)

Colorado (2014) None None Inactive for Yes No fee if Waived No No No mention Kathleen M. Schoen C.R.C.P. 204.6 in-state attorney Director, Local Bar license; provided pro Relations & Access to Active or bono services Justice inactive for within Colorado Bar Association out-of-state previous 12 1900 Grant St, Ste 900 license months, Denver, CO 80203 otherwise must pay inactive fee for previous calendar year

Connecticut (2014) None None Retired No Client Waived, as Yes Yes No mention Ms. Ndidi Moses Rule 6.1 security fund long as Pro Bono Chair Rule 2-27A (MCLE) fee is waived attorney US Attorneys Office Rule 2-55 (Retirement) if attorney is earns less 157 Church St, Fl 25 only than $1000 New Haven, CT 06510 performing for the pro bono provision work of legal services in the year

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Delaware (2003) For None Inactive, No Waived Waived Emeritus: No No No mention Susan Simmons Supreme Court Rule 69 emeritus: Retired, (Supreme (any Director of Continuing 65 or older Emeritus Court nonprofit Legal Education (or, waiver registration organization Delaware State Bar granted by fee still (§501(c)(3)), Association Supreme required) religious 405 N. King St., Suite 100 Court) organizations Wilmington, DE 19801 , educational, For retired governmenta or l institutions inactive: and clients none that inactive attorneys may represent)

Retired and Inactive: Only enumerated organizations in Rule 69.

District of Columbia None None Retired, or Yes, Waived for N/A Yes Yes No mention Rebecca K. Troth (2011) inactive retired. Pro Bono Center Rule 49 ( c )(9) Executive Director The District of Columbia Bar 901 4th Street, NW Washington, DC 20001

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Florida (2018) None 10 of the Inactive*, Yes No Waived Yes Yes (Legal Aid Francisco Digon-Greer Bar Rule 12-1 last 15 Retired (Unless (for Program The Florida Bar years the inactive must file 651 E. Jefferson St. *Inactive person members) Petition for Tallahassee, FL 32399 status must has failed approval be voluntary, the FL which must not due to bar exam detail the incapacity,dis ≥3 times) existence cipline, or and extent failure to pay of bar fees or malpractice complete insurance CLE. that will cover the emeritus attorney)

Georgia (1995) 70 or older 25 years, Retired No Waived Waived at Yes No No mention Michael Monahan Bar Rule 1-202(d) at least 5 age 70 (cases Pro Bono Director years referred by a State Bar of Georgia good pro bono 104 Marietta St. NW standing program Suite 100 of the recognized Atlanta, GA 30303 State Bar by the State of Bar’s Pro Georgia Bono Project or nonprofit legal service program)

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Hawaii (2007) None None Inactive No Reduced N/A Yes No Yes (legal Patricia Mau-Shimizu Supreme Court Rule 20 (to inactive service Executive Director http://www.courts.stat rate) organization Hawaii State Bar e.hi.us/docs/court_rule must Association s/rules/rsch.htm#Rule_ provide Alakea Corporate Tower 20 malpractice 1100 Alakea St., Ste 1000 coverage) Honolulu, HI 96813

Idaho (2016) None Licensed Retired, Yes Reduced; No Yes Yes Yes (legal Diane Minnich Bar Rule 228 in any inactive $150 service Executive Director state agency must Idaho State Bar within disclose 525 W. Jefferson Street preceding existence Boise, ID 83702 5 years and extent of coverage) Sue Pierson Legal Director Idaho Volunteer Lawyers Program 525 W. Jefferson Street Boise, ID 83702

Illinois (2018) None None Retired, Yes Waived for Waived Yes No Yes (must Samira A. Nazem Supreme Court Rule inactive, or retired; (must be provided Director of Pro Bono 756 licensed in Reduced for agree to by the legal The Chicago Bar another state inactive participate service Foundation in training agency) 321 South Plymouth Ct. by Suite 3B sponsor) Chicago, IL 60604

Indiana (No Rule Jan. 2019)

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Iowa (2017) None None Retired, Yes Waived Waived Yes Requires Legal Nick Smithberg Rule 31.19 inactive, or only for “general service Iowa Legal Aid active the year in supervision program 1111 9th Street, Ste. 230 which the ” of legal must Des Moines, Iowa 50314 lawyer is services disclose first program existence Christine M. Luzzie certified and extent Iowa Legal Aid under Rule of coverage 1700 S. 1st Avenue Suite 31.19 10 Iowa City, IA 52240

Kansas (2013) None None Retired or No Yes Waived Yes No No mention Marilyn Harp Rule 208 inactive (for retired Executive Director attorneys age Kansas Legal Services, 66 or over on Inc. or before July 712 S. Kansas, Suite 200 1) Topeka, KS 66603

Kansas Attorney Registration Kansas Judicial Center 301 SW. 10th Ave Room 374 Topeka, KS 66612

Kentucky (2018) 70 or older No “Senior No Waived Waived Yes No No mention John D. Meyers SCR 3.030(4) Retired Executive Director SCR 3.665(2)(a)(iii) Inactive Kentucky Bar Association Member” 514 W. Main Street (70 years old, Frankfort KY no longer actively practicing law)

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Louisiana (No Rule Jan. 2019)

Maine (2015) None None Inactive or No Yes Waived Yes No No mention Jacqueline Rogers Rule 4(f) and Retired Executive Director Rule 5(a)(5)* (filed notice Maine Board of to Overseers of the Bar discontinue 97 Winthrop Street the practice P. O. Box 527 of law) Augusta, Maine 04332

Maryland (2018) None None Retired or No Waiver of N/A Yes No No mention Sharon Goldsmith Rule 19-605 inactive client Executive Director protection Pro Bono Resource fund Center of Maryland 520 West Fayette Street Baltimore, MD

Massachusetts (2013) None None Retired or No Waived for N/A Yes No No mention Office of Bar Counsel Supreme Court Judicial inactive retired; Mass. Board of Bar Rule 4:02(8) Reduced for Overseers inactive 99 High Street 2nd Floor Boston, MA 02110

https://www.massbbo.o rg/AttorneyType

Michigan (No rule Jan2019)

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Minnesota (2013) None None Retired No Yes Reduced Yes No No mention State Board of (Emeritus Continuing Legal status expires Education Rule 14 after three years, must re-apply)

Mississippi (2012) None None Inactive or Yes No No Yes Yes Legal Melissa Selman Scott Appellate Procedure licensed in services Deputy General Counsel Rule 46(f) another state program Mississippi Bar must certify Association existence of 643 North State Street professional Jackson, MS 39202 liability insurance Gayla Carpenter-Sanders coverage Executive Director Miss. Volunteer Lawyers Project 1635 Lelia Dr., Ste. 101 Jackson, MS 39216 [email protected]

Missouri Waived Supreme Court of Proposed amendment Missouri effective in 2020) 207 West High Street Missouri Supreme Jefferson City, Court Rule 6 Missouri 65101

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Montana (2006) None 10 of the Retired or No Yes 10 hours Yes No No mention Ann Goldes-Sheahan Bar Rule Art. 1 §3(g) last 15 or inactive (and instead of (25 hour Equal Justice Rules for Continuing has must 15 minimum per Coordinator Legal Education Rule judicial complete 25 Waives CLE year) State Bar of Montana 4(B) status hours of pro filing fees 33 S. Last Chance Gulch, bono per Suite 1B year) Helena, MT 59624

Nebraska (No rule Jan. 2019)

Nevada (2008) None None Inactive in Yes Reduced for Yes Yes No Legal Brad Lewis Supreme Court Rule state; inactive (waived for Services Director, NV Supreme 49.2 Active or inactive program Court Access to Justice inactive out members must Commission of state Rule 214) disclose if State Bar of Nevada they have 3100 W. Charleston Blvd. coverage Suite 100 Las Vegas, NV 89102

New Hampshire (2003) None None Not No Reduced at No Yes No No mention Ginny Martin By-Laws of the New otherwise least 90% Legal Services Director Hampshire Bar engaged in New Hampshire Bar Association the practice Association Article II Section 8 of law 2 Pillsbury St., Ste. 300 (“Limited Concord, NH 03301 Active Membership Status”)

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New Jersey (2017) None None *Active out- Yes, out- No No Yes Yes No mention Diane K. Smith Rule 1:21-3(C) of-state of-state (an Co-Chair of Pro Bono license only license organization Standing Committee only described in Legal Services of R. 1:21-1(e) Northwest Jersey Legal 34 W. Main Street, Ste. Assistance 301 Organization Somerville, NJ 08876 s)

New Mexico (2016) None None Inactive in Yes Reduced No Yes No No mention Hon. Sarah M. Singleton Rule 15-301.2 state; Chair, New Mexico Active or Access to Justice inactive if Commission licensed in 5121 Masthead St NE another state Albuquerque., NM 87109

New York (2010) 55 or older At least Retired or No Waived, if Waived if Yes Yes Yes (must Fern Schair, Rule 22 NYCRR § 10 Active Retired; Not Retired; be provided Chair of the Attorney 118.1(g) (*Must waived, if Not waived by host Emeritus Advisory Board commit to Active if Active agency) New York State Courts minimum 30 (Up to 15 Access to Justice hours per hours CLE Program year of pro can be 111 Centre St. bono) earned Room 1240 through New York, NY 10013 host agency)

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North Carolina None None Inactive or Yes Yes Waived Yes Yes No mention Tom Lunsford (2014) Retired Executive Director N.C. Bar Rule 27 (“Emeritus North Carolina State Bar N.C.A.C 1A pro bono 217 East Edenton Street .0201(c)(1)(B), status”) Raleigh, NC 27601 .0201(c)(2)(F), 27 N.C.A.C. 1D .1518 .09010(b)(3), .0905

North Dakota (2009) None Active 5 Volunteer Yes Yes Waived, if Yes Yes Legal Penny Miller Supreme Court Rule 3.1 out of the practice only out of service Clerk past 10 (“Rule 3.1 state agency must North Dakota Supreme years Lawyer”) attorney disclose Court (except as existence Judicial Wing, First Fl. required and extent 600 E. Boulevard Ave. by pro of coverage Bismarck, ND 58505 bono program) No, if licensed in ND

Ohio None 15 years Inactive No Reduced No Yes No Yes, must Gina White Palmer Supreme Court Rules from $350 to be provided Attorney Services for the Government of $75 for two by the host Director the Bar of years Ohio Supreme Court Ohio (Gov. Bar R. VI, 65 South Front Street, Section 8 t) Fifth Floor Effective January 1, Columbus, OH 43215- 2019. 3431

Oklahoma (No rule Jan 2019)

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Oregon (2008) None None for Volunteer Yes Reduced to Yes Yes No Must obtain William Penn Bar Rule 6.1; Bylaw OR practice only (provides inactive fee coverage Assistant Director Legal 6.101 attorneys (The admissio for OR through the Services Program OR Active Pro Bono 15 years Executive n on attorneys; Professional Info for out- Director or motion one-time Liability Oregon State Bar of-state designee is with 15 investigation Fund or the 16037 SW Upper Boones Rules for Admissipn of attorneys authorized to years for fee of $425 program Ferry Rd Attorneys Rule 17.05 determine active for out-of- referring Tigard, OR 97224 members’ pro state the pro Out-of-state active pro eligibility for bono) attorneys bono cases bono attorney Active Pro application Bono status and this determinatio n is final.)

Pennsylvania (2018) None None Retired, No Reduced No Yes Yes Must be Paul J. Killion Rules of Disciplinary inactive provided by Chief Disciplinary Enforcement-Rule 403 legal Counsel services Pennsylvania Judicial program Center 601 Commonwealth Avenue, Suite 2700 P.O. Box 62485 Harrisburg, PA 17106

Rhode Island (No Rule Jan 2018)

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South Carolina (2013) None None Retired or Yes Yes Yes Yes Yes No mention Brenda F. Shealy Supreme Court Rule inactive Deputy Clerk of 415; Rule 408(a)(2)(F) CourtSupreme Court Building 1231 Gervais Street Columbia, SC 29201Justice John Cannon Few, Chair South Carolina Access to Justice Commission 1231 Gervais Street Columbia, SC 29201

South Dakota (2008) None None Retired No Reduced to No Yes No No mention Andrew L. Fergel South Dakota Codified inactive Executive Director Law, SDCL 16-17.4.1. State Bar of South Dakota 222 E Capitol Avenue #3 Pierre, SD 57501

Tennessee (2010) None 5 out of Inactive, Yes Yes No Yes Yes Yes (legal Anne-Louise Wirthlin Supreme Court Rule the last retired service Access to 50A 10 years, agency must JusticeCoordinator or disclose the TN Courts System Justice for All TN engaged existence Admin. Office of the Supreme Court in the and extent Courts Initiative active of coverage) 511 Union Street practice Nashville, TN 37219 of law for at least 25 years

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Texas (2008) None None Retired, Yes Yes Reduced Yes Yes Yes Texas Law Center State Bar Rule, Article inactive (provided 1414 Colorado St. XIII by legal Austin, TX 78701 services New Opportunities program) Volunteer Attorney (NOVA) Program

Utah (1996) For For “Inactive Yes Reduced if Waived Yes Yes No mention Karolina Abuzyarova Utah Bar Rules, Rules “inactive “inactive Emeritus” Inactive;Waiv Utah State Bar 14-110, 14-203, 14- emeritus,” emeritus, (active 50 for ed if Inactive Access to Justice 803, 14-4015 , at least ” at least years or at Emeritus Department 75 years of 50 years least 75 years age )or at of of age) least 50 practice or years of (or at Inactive practice) least 75 years of age)

Vermont (2017) None None Active, Yes Yes No Yes Yes No mention Andrew R. Strauss Administrative Order Retired, Licensing Counsel No. 41 §11 Inactive Office of Attorney Licensing Vermont Judiciary Costello Courthouse Attorney Licensing 32 Cherry Street, Ste. 213 Information Burlington, VT 05401

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Virginia (2017) None 20 or Retired No Yes No Yes No No mention Supreme Court Rule 3 more Crista Gantz (e) years, and Pro Bono Director active Virginia State Bar 5 of last 7 1111 E. Main St., Ste. years 700 Richmond, VA 23219

Debra Isley Emeritus Membership Contact Virginia State Bar 1111 E. Main St., Ste. 700 Richmond, VA 23219

Washington (1998) None 5 of the Retired No Reduced Waived Yes No No mention Diana Singleton Admission and last 10 if Access to Justice Board Practice Rule, APR in-state Manager 3(g) Washington State Bar Association 1325 Fourth Ave., Ste. Washington State Bar 600 Association Emeritus Seattle, WA 98101 Pro Bono Information

West Virginia (2006) None At least Retired, Yes Yes Yes Yes Yes No mention Anita R. Casey Bar Rule Bylaws Article 10 years Inactive., Executive Directpr II § 11 Active but West Virginia State Bar not practicing 2000 Deitrick Blvd. Charleston, WV 25311

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Attorneys Required to Eligible Out-of- Work with a Malpractice Years of Dues Direct State Age (Retired, State MCLE Certified Insurance Practice Waived Supervision Contact (Adopted/Amended) Restriction Inactive, License Waived Legal Mentioned Required Required Other) Allowed Services in the Rule Program Wisconsin 2017 For Actively RActive Yes Yes Waived No No No mention Annette Ashley Supreme Court Rule emeritus practice Member Services 10.03(3)( members, for last Director at least 70 two years Wisconsin State Bar years of 5302 Eastpark Blvd. age Madison, WI 53718

Wyoming (2013)(2014) None None Any attorney No Yes Reduced Yes- matched No Yes Cathy Duncil State Bar Bylaws Article in good with clients (provided Admissions Director/Pro I § 3 (h) standing through by emeritus Bono Coordinator Wyoming program) Wyoming State Bar Wyoming Emeritus State Bar’s 4124 Laramie Street Attorney Program Emeritus Cheyenne, WY 82001 Program

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