As amended through November 4, 2024
Section 10.06 - Temporary License of Spouse of a Military Servicemember(a)Qualifications. An applicant who meets the requirements listed in (1) through (11), below may be temporarily licensed and admitted to the practice of law in Tennessee, upon approval of the Board. Applicant:(1) is the spouse of an active duty servicemember of the United States Uniformed Services as defined by the Department of Defense and that servicemember is on military orders stationed in the State of Tennessee or Fort Campbell, Kentucky;(2) has been licensed and admitted by examination to practice law before the court of last resort in at least one other jurisdiction of the United States;(3) meets the educational requirements of sections 2.01 and 2.02 of this Rule;(4) has achieved a passing score on the Multistate Professional Responsibility Examination ("MPRE") as it is established in Tennessee at the time of application;(5) is currently an active member in good standing in every jurisdiction to which the applicant has been admitted to practice, or has resigned or been administratively revoked while in good standing from every such jurisdiction without any pending disciplinary actions;(6) is not currently subject to lawyer discipline in any other jurisdiction;(7) meets the Character and Fitness Standard under section 6.01 required of all applicants for admission and licensing in Tennessee(8) is physically residing in Tennessee or Fort Campbell, Kentucky, due to the servicemember's military orders;(9) has never failed the Tennessee bar examination;(10) has certified that the applicant has read and is familiar with the Tennessee Rules of Professional Conduct; and(11) has paid such fees as may be set by the Board.(b)Application Requirements. Any applicant seeking a temporary license under this section 10.06 to practice law in Tennessee shall:(1) file an application for Temporary License for Servicemember's Spouse and an application for character investigation, including all required supporting documents, in the manner established by the Board;(2) submit a copy of the applicant's Military Spouse Dependent Identification and documentation evidencing a spousal relationship with the servicemember;(3) provide a copy of the servicemember's military orders to a military installation in Tennessee or Fort Campbell, Kentucky, or a letter from the servicemember's command verifying that the requirement in section 10.06(a)(8) is met;(4) submit certificate(s) of good standing from the highest court of each state to which the applicant has been admitted and disciplinary history(ies) to demonstrate satisfaction of the requirements of section 10.06(a)(5);(5) pay the fee established pursuant to section 11.01 of this Rule; and.(6) comply with the provisions of section 1.07 of this Rule.(c)Issuance, Renewal and Subsequent Application.(1) Issuance. Upon approval and certification by the Board, the applicant for temporary license shall, upon registration and payment of applicable fees and taking the oath of admission as set forth in sections 9.01 and 9.02 of this Rule, become a member of the Tennessee bar. An attorney temporarily licensed pursuant to this section shall be subject to the same membership obligations, including payment of fees and continuing legal education requirements, as other active members of the Tennessee bar, and all legal services provided in Tennessee by a lawyer licensed and admitted pursuant to this section shall be deemed the practice of law and shall subject the attorney to all rules governing the practice of law in Tennessee, including the Tennessee Rules of Professional Conduct. The original term of the license is two years.(2) Duration and Renewal. (A) Persons who hold a temporary license under this provision may apply for subsequent one-year extensions to their license upon filing an application for extension with the Board. The application for extension must include sworn verification that the temporarily licensed attorney continues to meet all of the qualifications for temporary license as set forth in paragraphs (a), (b) and (c) of this section, and include the required fee for the application. A request for an extension must be submitted to the Board at least one month before the expiration of the temporary license. A request for an extension must be approved by both the Board and the Supreme Court to be effective.(B) When the active duty servicemember is assigned to an unaccompanied or remote follow-on assignment and the temporarily licensed attorney continues to physically reside in Tennessee or Fort Campbell, Kentucky, the temporary license may be renewed until the active duty servicemember's unaccompanied or remote assignment ends, provided that the attorney spouse complies with the other requirements for renewal.(C) Subsequent Applications. A temporarily licensed attorney who wishes to become a permanent member of the bar of Tennessee may apply for admission under sections 3.01, 3.05, or 5.01 of this Rule for the standard application fee minus the application fee paid to the Board for the application for temporary license, not including any fees for requests for extension or background investigation fees. The requirement for a background investigation will be waived if the application for admission is submitted within two years of the original Application for Temporary License.(d) Termination.(1) Event of Termination. An attorney's temporary license to practice law pursuant to this section shall immediately terminate and the attorney shall immediately cease all activities under this section upon the occurrence of any of the following: (A) the spouse's discharge, separation or retirement from active duty in the United States Uniformed Services, or the spouse's no longer being on military orders stationed in the State of Tennessee or Fort Campbell, Kentucky, except as provided in section 10.06(c)(2)(B);(B) failure of the temporarily licensed attorney to meet any licensing requirements applicable to all active attorneys possessing a license to practice law in this State, including failure to submit a timely application to renew the temporary license;(C) the attorney no longer physically residing within the State of Tennessee or at Fort Campbell, Kentucky;(D) the request of the temporarily licensed attorney;(E) the issuance to the temporary attorney of a Tennessee license under sections 3.01, 3.05, or 5.01 of this Rule;(F) the temporarily licensed attorney receiving a failing score on the Tennessee bar examination; or(G) the suspension, disbarment or other action affecting the temporarily licensed attorney's good standing with the bar of Tennessee or any other jurisdiction in the United States in which the temporarily licensed attorney is licensed.(2) Notices Required. (A) An attorney temporarily licensed under this section shall provide written notice to the Board and the Board of Professional Responsibility of any Event of Termination within thirty (30) days of the occurrence thereof;(B) Within thirty days of the occurrence of any Event of Termination, the temporarily licensed attorney shall: (i) provide written notice to all his or her clients that he or she can no longer represent such clients and shall furnish proof to the Board and the Board of Professional Responsibility within forty-five days of such notification; and(ii) file in each matter pending before any court or tribunal in this State a notice that the attorney will no longer be involved in the matter, which shall include such other attorney licensed to practice law in Tennessee selected by the client, as counsel in the place of the temporarily licensed attorney. Amended by Order filed and effective 3/29/2019; amended by Order filed and effective 4/26/2019; amended by Order filed and effective 8/6/2020; and as amended by order filed and effective 10/31/2023.