Article XIV - MILITARY SPOUSE TEMPORARY LICENSE

As amended through August 27, 2024

Section 1.Definitions

A “temporary licensee” is an attorney who:

· is the spouse of an active-duty military service member who has been ordered stationed in Texas; and

· has been issued a three-year temporary license to practice law in Texas by the Court in accordance with the Rules Governing Admission to the Bar of Texas.

Section 2.Licensure

The Texas Board of Law Examiners is responsible for determining whether an applicant seeking a military spouse temporary license meets the conditions set by the Court under the Rules Governing Admission to the Bar of Texas.

Section 3.Rights and Obligations; Discipline

A. A temporary licensee is entitled to all the rights and privileges and subject to all the obligations and responsibilities of active members of the State Bar that are set forth in the State Bar Act, the State Bar Rules, the Texas Disciplinary Rules of Professional Conduct, the Texas Rules of Disciplinary Procedure, and any other Texas laws or rules governing the conduct or discipline of attorneys.

B. A temporary licensee may be sanctioned or disciplined by a court or the State Bar in the same manner as an active member of the State Bar.

Section 4.Education

A. No later than six months after temporary licensure, a temporary licensee must complete the Justice James A. Baker Guide to Ethics and Professionalism in Texas course, administered by the Texas Center for Legal Ethics.

B. A temporary licensee is subject to the MCLE requirements in Article XII.

Section 5.Membership Fees

A temporary licensee must pay the State Bar membership fees required of an active member of the State Bar, unless waived under Article III, Section 8.

Section 6.Renewal Prohibited

A temporary licensee cannot renew a military spouse temporary license.

Section 7.Expiration; Notice

A. A military spouse temporary license expires on the third anniversary of the date of issuance, unless terminated earlier pursuant to Section 8.

B. No later than 60 days before the expiration of a temporary license, a temporary licensee must:

1. file a notice in each matter pending before any court, tribunal, agency, or commission that the temporary licensee will no longer be involved in the matter; and

2. provide written notice to all the temporary licensee’s clients that the temporary licensee will no longer represent them.

Section 8.Termination; Notice

A. A military spouse temporary license will terminate and a temporary licensee must cease the practice of law in Texas 31 days after any of the following events:

1. the service member’s separation or retirement from military service;

2. the service member’s permanent relocation to another jurisdiction, unless the service member’s assignment specifies that dependents are not authorized to accompany the service member;

3. the temporary licensee’s permanent relocation outside of Texas;

4. the temporary licensee’s spousal relationship to the service member ends;

5. the denial by the Texas Board of Law Examiners of the temporary licensee’s application for regular admission to practice law in Texas;

6. the temporary licensee’s regular admission to practice law in Texas;

7. the imposition of a disciplinary sanction, other than a private reprimand or a referral to the State Bar’s Grievance Referral Program, in any jurisdiction;

8. the conviction in any jurisdiction of a serious crime or intentional crime as defined in the Texas Rules of Disciplinary Procedure; or

9. the temporary licensee’s written request filed with the Texas Board of Law Examiners and the State Bar.

B. Within 30 days after a terminating event in (A), except (A)(6), a temporary licensee must:

1. provide written notice to the Texas Board of Law Examiners and the State Bar;

2. file a notice in each matter pending before any court, tribunal, agency, or commission that the temporary licensee will no longer be involved in the matter; and

3. provide written notice to all the temporary licensee’s clients that the temporary licensee will no longer represent them.

C. Upon receipt of a notice required under (B), the State Bar must forward the notice to the Clerk for revocation of the military spouse temporary license.