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WILLIAM DONALD SCHAEFER, Governor
Ch. 3
Subsection (f) of this section is new language derived
without substantive change from the first sentence of
former Art. 10, § 3(d)(1), as that sentence related to
prescribing rules to carry out the provisions of that
section.
In subsection (b) of this section, the term "good
character and reputation" is standard language
substituted for the former term "good moral
character", to conform to similar provisions elsewhere
in this article.
Also in subsection (b) of this section, the former
requirement that an applicant not be "a subversive
person as defined by the Subversive Activities Act of
1949" is deleted as obsolete since Ch. 257, Acts of
1978, repealed former Art. 85A, which was known as the
Subversive Activities Act of 1949.
In subsection (c) of this section, the requirement to
be at least 18 years old "as of the date of admission"
is added to reflect that, under § 10-209(a)(2) of this
subtitle, an individual may take the examination
before becoming 18.
In subsection (d)(1) of this section, the affirmative
duty to complete 90 hours is substituted for the
former statement, in the third sentence of former Art.
10, § 4(b), that completion is "satisfactory
compliance with the requirements of this subsection
[former § 4(b)]". The former statement was misleading
since it suggested that completion of 90 hours was
only an alternative for completion of 3 years of
college -- as stipulated in the first sentence of
former § 4(b) -- even if the 3 years encompassed fewer
than 90 hours. In fact, the 90-hour requirement
superseded the 3-year requirement, and, therefore, the
first sentence of former Art. 10, § 4(b) is deleted.
This deletion also avoids another problem caused by
the prohibition, in the first sentence of former Art.
10, § 4(b), against "begin[ning] the study of law"
unless the person submits proof satisfactory to the
Board that the person has completed the prelegal
education requirements. Under Rule 2 of the Rules
Governing Admission to the Bar, the Board requires
proof of compliance with the prelegal education
requirements as part of the Application for
Registration as a Candidate for Admission to the Bar.
That application may be submitted by any individual
already enrolled in a law school and, in practice,
usually is submitted during the last year of law
school.
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