Mo. R. Gov. Bar Jud. 8.106

As amended through November 19, 2024
Rule 8.106 - Temporary Admission for Attorney Spouses of Active Duty Military
(a) A lawyer admitted to the practice of law in another state or territory of the United States or the District of Columbia may receive a temporary license to practice law in this state, without examination, if the lawyer:
(1) Is the dependent spouse of a full-time, active duty service member of the United States Armed Forces, not including duty as a member of the Active Guard and Reserve, and the service member is assigned pursuant to military orders to a permanent duty station in Missouri or a contiguous state;
(2) Is physically working or residing, or will be physically working or residing within six months of properly submitting an application under Rule 8.106, in Missouri due to the service member's military orders for a permanent change of station;
(3) Was conferred a first professional degree in law (J.D. or LL.B) from a law school approved by the American Bar Association at the time the degree was conferred or furnishes to the board satisfactory evidence that he or she met the requirements of Rule 8.07(d) or (e) at the time the applicant properly submits an application for admission under Rule 8.106;
(4) Has passed a written bar examination and has an active, unlimited license to practice law in at least one state or territory of the United States or the District of Columbia;
(5) Has filed an application and related documentation required by the board and paid the prescribed, non-refundable fees;
(6) Receives approval from the board as required under Rule 8.11;
(7) Successfully completes the MECT described in Rule 8.08(c) no earlier than the date the application is properly submitted and no later than six months after written notification of character and fitness approval;
(8) Has earned a scaled score of not less than 80 on the Multistate Professional Responsibility Examination, which score must be received by the board no later than six months after character and fitness approval;
(9) Has not failed the bar exam administered in Missouri within five years prior to the date the application under Rule 8.106 is properly submitted; and
(10) Satisfies all other applicable requirements of Rule 8.
(b) A person admitted pursuant to Rule 8.106 shall be deemed in all respects a lawyer licensed to practice law in this state and subject to the duties, obligations, and responsibilities of active members of the bar.
(c) The temporary license issued pursuant to Rule 8.106 shall automatically terminate 60 days after the earliest occurrence of any of the following events:
(1) The passage of five years from the date of issuance;
(2) The service member's separation or retirement from the United States Armed Forces, except that if the separation from service is due to death or disability of the service member, the license under Rule 8.106 terminates one year following death or disability;
(3) The military spouse licensed under Rule 8.106 ceases to be a dependent spouse as defined by the applicable United States Department;
(4) The service member is permanently transferred pursuant to military orders to a jurisdiction not included in Rule 8.106(a)(1), unless the service member's assignment does not authorize dependents to accompany;
(5) The military spouse licensed under Rule 8.106 establishes permanent physical residency outside Missouri for reasons other than the service member's relocation;
(6) The military spouse licensed under Rule 8.106 ceases to be employed in Missouri;
(7) The military spouse licensed under Rule 8.106 is admitted to the practice of law pursuant to Rule 8.07, 8.09, 8.10, or 8.105;
(8) The military spouse is no longer licensed to practice law in another state or territory of the United States; or
(9) The military spouse requests termination of the license issued under Rule 8.106.

The military spouse licensed under Rule 8.106 shall provide written notice to the clerk of this Court of any terminating event within 30 days of the event and shall immediately notify the clerk of this Court of any change in the lawyer's licensure status in other jurisdictions.

(d) A military spouse issued a license pursuant to Rule 8.106 that automatically terminated upon the passage of five years from the date of issuance is not eligible to apply for admission under Rule 8.106 for a period of five years after the date of termination.
(e) The period of time a lawyer practices law in Missouri with a license issued pursuant to Rule 8.106 may be used by the lawyer to fulfill the requirements of Rule 8.10(a)(4)(A).

Mo. R. Gov. Bar Jud. 8.106

Adopted Sept. 05, 2018, eff. 1/1/2019.