Virginia Licensing Eased for Military Spouse Attorneys
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The Official Newsletter of the Young Lawyers Conference of the Virginia State Bar Patrick J. Austin, Esq., Editor Volume 31, Issue 1 • Summer, 2014 Bar Break: Virginia Licensing Eased for Military Spouse Attorneys Jessica O’Connell The Virginia Supreme Court for licensing accommodations for who have rule accommodations for adopted a rule allowing lawyers military spouses, particularly Bar military spouse attorneys to eleven. whose spouses receive military membership without additional orders to move to Virginia or examination. This group began Approximately 35% of military the Washington, D.C. area to advocating for Bar licensing spouses work in professions practice law in Virginia without accommodations for military requiring state licensure or passing the state bar exam. spouses in Virginia two years certification, according to the ago and continues to support February 2012 Joint Departments Rule 1A:8, the “Military Spouse changing state licensing rules of Defense and Treasury Report, Provisional Admission Rule,” applies for military spouses with law “Supporting Military Families: to civilian military spouses who degrees in all jurisdictions. Best Practices for Streamlining have already passed a Bar exam Occupational Licenses Across and are an active member in good Prior to the Virginia Supreme State Lines.” Military spouses are standing in at least one state. This Court’s adoption of this rule, six also ten times more likely to move provisional license also requires other states already enacted across state lines when compared the military spouse attorney to licensing accommodations for to their civilian counterparts. practice under the supervision military spouse attorneys: Idaho, of a licensed Virginia attorney Arizona, Texas, North Carolina, Frequent moves not only make and keep current on Virginia CLE Illinois, South Dakota. Four other it difficult to maintain and requirements for the duration of states recently jumped on board advance in a career, they also their spouse’s military assignment as well—Colorado, Massachusetts, often contribute to loss of income in Virginia or the D.C. area. New Jersey, and New York— and are a serious financial bringing the total number of states burden. Preparation materials, The Military Spouse J.D. Network, registration fees, and travel costs a group formed in 2011, advocates Continued on following page Ø Of Hybrid Taxes and Fox Pens: New Laws In This Issue Take Effect in the Commonwealth Alexander T. MacDonald Page 5 Results from the Run in the Sun As of July 1, 2014, an assortment fewer options for proving their and the Stitt of diverse new laws came into identities—a prerequisite to casting Memorial Volley effect in Virginia, ranging from a non-provisional ballot in the Ball Tornament high-profile legislative overhauls Commonwealth. Since 2012, Virginia (e.g., government-ethics and voters have been required to provide Page 6 President’s voter-ID reforms) to relatively some form of identification. Until Message obscure legal tweaks (e.g., looser now, they did not have to show a Page 7 All in the Family limits on Sunday hunting). Here photo ID; they could instead produce, Family Law Column are a few of the highlights: among other things, a utility bill, Page 8 The Great Estate a paystub, or a bank statement. Stricter voter-ID requirements. Virginia Estate When Virginians go to the However, in its third voter-ID Planning Column polls this fall, they will have innovation in as many years, the Continued on following page Ø ØBar Break, continued from previous page to test sites can cost thousands military spouse attorneys are often of the military are their families of dollars per Bar examination. unemployed or underemployed. who play an enormous role in supporting service members. Military spouses may face a number Adopting licensing accommodations Military families bear the burden of administrative and financial for military spouse attorneys helps of dealing with frequent relocation, challenges if they work, or desire to ease the unique challenges they prolonged periods of deployment work, in a profession which requires face and allows them to minimize of family members (which often state licensing. This burden is the interruption to their legal includes single-parenting), and particularly substantial for military careers while reducing the financial isolation from family, friends, spouse attorneys. Licensing can and time consuming hardships and familiar support networks. take up to a year, sometimes more, imposed on their families. Licensing for the application, character and accommodations may also aid Eliminating the need for a Bar fitness review, Bar examination, and in retaining service members. exam for military spouse attorneys processing to be completed. The Research suggests that over two makes a significant difference to fact that Bar exams are held only thirds of married armed service military families, and comes at twice a year, and that test results members report that their decision little cost to the Commonwealth. take months to be reviewed, further to reenlist in the military was prolongs the licensing process. “largely or moderately” affected by Jessica O’Connell is a 2013 their spouse’s career satisfaction graduate of George Mason Because of the lengthy and and objectives. In fact, because of University School of Law and expensive process involved in the recognized impact on retention, is Attorney-Advisor for the re-licensure for attorneys when the Department of Defense Board of Veterans’ Appeals. moving across state lines, many made military spouse licensing She can be contacted at military spouses choose not to and employment a priority. [email protected]. practice law, recognizing that by the time they are admitted in Members of the armed forces are one state, it may be time to move not the only ones making sacrifices again. As a result of these barriers, for their country; the unsung heroes ØNew Laws, continued from previous page General Assembly rendered the voter’s name, the picture comment on whether it had the those documents unacceptable. displayed on the ID, and the ID’s authority to define “valid” for Instead, it will now require voters “authenticity.” It did not, however, the purposes of the new law. As to present a photo ID, the only indicate whether an expired ID of the writing of this article, that acceptable forms of which are: would be considered valid. period had not yet closed. The word’s real meaning, therefore, • Virginia driver’s licenses; Shortly afterward, state senator remains an open question. • U.S. Passports; Mark Obenshain (R-26th Dist.), • Student IDs “issued by any who sponsored the 2012 voter-ID Hybrid tax repeal. Only a year after institution of higher education law, wrote to the Board arguing passing a widely-ridiculed “hybrid in the Commonwealth”; that the word “valid” actually tax,” which imposed a $64 annual • Employer-issued IDs; or means that the ID in question fee on all hybrid-electric vehicles • Any photo ID “issued by must serve its intended purpose in the Commonwealth, the General the Commonwealth, one outside the voting context. In Assembly reversed itself, repealing of its political subdivisions, other words, to be acceptable, the tax and promising refunds to or the United States.” a driver’s license must allow its those who had already paid. holder to drive, and a passport An ID from this list must also must allow its holder to travel The tax, signed into law by former be “valid.” It remains unclear internationally. Accordingly, to be Governor Bob McDonnell in exactly what “valid” means. “valid,” an ID must be unexpired. 2013, was aimed at making sure On June 10, the State Board of Sen. Obenshain also claimed hybrid owners paid their “fair Elections met to consider how it that the Board had no authority share” for highway maintenance would interpret the term. After to define “valid” under the law. and construction. Generally, the hearing testimony from interested Commonwealth covers those groups, the Board decided In response, the Board delayed expenses through a per-gallon that it would take into account the law’s implementation for gasoline tax. Hybrid owners, 21 days and invited public naturally, buy less gasoline than Continued on following page Ø page 2 • Docket Call • Summer 2014 ØNew Laws, continued from previous page owners of non-hybrid vehicles. lobbyists are forbidden from giving Richmond a bit more comfortable, Therefore, to a certain extent, more than $250 per year to any it does little to end the perception hybrid owners “ride free” on single lawmaker. They must also - or some argue, reality - of roads and highways. By passing disclose any gifts to lawmakers’ runaway handouts in the capital. the hybrid tax, the General immediate family members. Assembly, and former governor, Restrictions on e-cigarette sales. sought to end this free-riding. These reforms, limited as they Under a new law, Virginian will are, are even sparser than join a cadre of jurisdictions that However, the hybrid tax was initially envisioned. Not included already restrict the sale and use immediately and broadly is a provision that would have of e-cigarettes. Before this year, unpopular, drawing criticism prohibited the governor from Virginia did not restrict the sale of in both the local and national accepting more than $50 from such devices. But the new law treats press. Moreover, the original logic any person who was also seeking e-cigarette sales just like traditional behind the law collapsed when a grant from the Governor’s cigarette sales, requiring that the Commonwealth repealed its Development Opportunity purchasers be at least 18 years old. 17-cents-per-gallon gasoline tax Fund. The Fund is a mechanism (which it later replaced with a the Commonwealth uses to For those unfamiliar with the 3% tax, levied at the wholesale funnel public money to private devices, e-cigarettes work by level). Bowing to pressure from businesses willing to relocate funneling a nicotine-laced fluid its constituents (and, perhaps, to, or expand, their operations past a heated coil into a vaporizing the lambasting it received at the in Virginia.