Information & Applications » Petition for Admission on Motion without Examination » Admission on Motion without Examination
Application for Admission on Motion without Examination requires two separate submissions. One must complete the Petition for Admission on Motion without Examination as well as the Application for Certification of Fitness to Practice Law. These will be submitted simultaneously through our online application system.
If this is your initial application with the Office of Bar Admissions, please start by completing the Application for Certification of Fitness. If you are eligible for Admission on Motion, you will then be prompted to complete the Petition as a part of the Application for Certification of Fitness. If you already have a Fitness Application on file with the Office of Bar Admissions, you may submit your Petition for Admission on Motion without Examination.
IMPORTANT: Depending on the rules and fees of the applicant’s former (sending) jurisdiction, the applicant may be subject to more stringent requirements, including residency requirements, that are set forth in the Georgia Rules. Prior to completing the Petition for Admission on Motion without Examination, the applicant should carefully review the Admission on Motion without Examination requirements in the home (sending) jurisdiction. The website of the National Conference of Bar Examiners, www.ncbex.org, contains a link to the Bar Admission offices in each U.S. jurisdiction.
NOTE: Fees for the Petition for Admission on Motion without Examination and the Application for Certification of Fitness to Practice Law are NON-REFUNDABLE; therefore, please check the Supreme Court of Georgia Rules Governing Admission to the Practice of Law; Part C; Section 2 prior to submission to determine if you are eligible to be admitted on motion without examination.
Click here to view eligibility requirements.
PETITION FOR ADMISSION ON MOTION WITHOUT EXAMINATION (Motion Petition)
Your Petition allows the Board of Bar Examiners to ascertain whether or not you are eligible for Admission on Motion.
Your Petition for Admission on Motion without Examination must be accompanied by the following:
|This must be an “official transcript” obtained from your degree-granting undergraduate school indicating the degree and the date conferred.|
LAW SCHOOL TRANSCRIPT
|This must be an “official transcript” obtained from your JD degree-granting law school indicating the degree and the date conferred.|
A LETTER OF GOOD STANDING FROM EACH STATE OR JURISDICTION IN WHICH YOU ARE ADMITTED TO PRACTICE.
A LETTER OF GOOD STANDING FROM EACH STATE OR JURISDICTION IN WHICH YOU WERE ADMITTED BUT ARE NO LONGER ACTIVE, CONFIRMING THAT YOU WERE IN GOOD STANDING AT THE TIME YOU RESIGNED OR OTHERWISE BECAME INACTIVE.
|The Board of Bar Examiners requires a Letter of Good Standing from each jurisdiction in which you have been admitted to practice law (even if you are currently inactive in that jurisdiction). If you are unsure which authority issues letters of good standing, you should contact the jurisdiction(s) in which you are/were admitted. The letter(s) must be Current (dated no earlier than 60 days prior to the filing of you Motion Petition) and Original.|
A RECORD OF YOUR DISCIPLINARY HISTORY FROM EACH STATE OR JURISDICTION IN WHICH YOU HAVE EVER BEEN ADMITTED TO PRACTICE.
|The Board of Bar Examiners requires a record of your disciplinary history from each jurisdiction in which you have ever been admitted to practice law. Your disciplinary record(s) must be original and current (dated no earlier than 60 days prior to its submission to the Office of Bar Admissions). Information regarding U.S. disciplinary boards is available on the American Bar Association’s website at www.abanet.org. Search for “disciplinary” and you will be directed to the latest Directory of Lawyer Disciplinary Agencies.|
APPLICATION FOR CERTIFICATION OF FITNESS TO PRACTICE LAW (Fitness Application)
Your Application for Certification of Fitness to Practice Law allows the Board to Determine Fitness of Bar Applicants to determine your character and fitness to practice law in Georgia.
Your Fitness Application will be placed in line for processing, in order of the date of receipt in the Office of Bar Admissions.
Application Analyst – Once an Analyst receives your Fitness Application for processing, you will be notified of the name and contact information of your Analyst. This will be the individual who actually processes your application and who should be contacted with any specific questions regarding the processing.
PROCESSING OF THE FITNESS APPLICATION
From the time a Fitness Application is assigned to an Analyst, the processing generally takes from eight to twelve weeks.
Part A, Section 6(a) of the Rules Governing Admission to the Practice of Law requires that prior to issuing Certification of Fitness to Practice Law, the [Fitness] Board shall make such investigation as it deems necessary into [an applicant’s] character, reputation, and background.”
NOTE: Of particular interest to the Fitness Board is whether applicants have dealt honestly and responsibly with their creditors. The Board has issued a Policy Statement Regarding Character and Fitness Reviews which addresses financial responsibility as well as other significant fitness issues. This Policy Statement is available for review by clicking here.
If, at any time during the investigation process, the Fitness Board needs additional information or documentation, you will be notified in writing, specifying the missing information or documentation.
Keep in mind that, if the fitness investigation takes a great deal of time or if Certification of Fitness to Practice Law was previously issued and is currently valid, submission of Current Letter(s) of Good Standing and Disciplinary History from each jurisdiction in which you are admitted may be required. Current means that the letter and disciplinary history are dated no earlier than 60 days prior to the date of submission to the Office of Bar Admissions.
AMENDMENTS TO YOUR FITNESS APPLICATION
Please keep in mind that your Fitness Application must be amended within thirty (30) days of any occurrence which would change your answer to any question on your application.
CERTIFICATE OF ELIGIBILITY
If you are approved for Admission on Motion and you are issued Certification of Fitness by the Board to Determine Fitness of Bar Applicants, notification will be issued in the form of a letter which will be accompanied by a Certificate of Eligibility for Admission on Motion without Examination. This certificate allows you to be sworn into the practice of law in Georgia.
|In order to determine which United States jurisdictions have reciprocity for bar admissions purposes with the State of Georgia, you should review the National Conference of Bar Examiners' website as follows:
If there is any question as to whether the rules of a particular jurisdiction provide for admission on motion or as to the admission on motion requirements of that jurisdiction, you should contact that jurisdiction. The NCBE website www.ncbex.org contains a link to the Bar Admission Offices in each U.S. jurisdiction.
WAIVER PROCESS AVAILABLE FOR MILITARY SPOUSE ATTORNEYS SEEKING ADMISSION IN GEORGIA
Georgia generally permits admission on motion without examination for applicants who demonstrate they received a J.D. degree from a law school approved by the American Bar Association, are admitted to practice by examination in the bar of the highest court of another United States jurisdiction with which Georgia has reciprocity for bar admissions purposes, and have been primarily engaged in the active practice of law for five of the seven years immediately preceding the date upon which the applicant's petition for admission on motion is submitted. See Rules Governing Admission to the Practice of Law in Georgia (Rules), Part C, Section 2.
The Board of Bar Examiners recognizes that these eligibility requirements may be difficult to satisfy for attorney spouses of active duty military personnel, who frequently are transferred to new duty stations in states where they are not admitted to practice. Many of these attorney spouses of active duty military are not eligible for admission on motion without examination under Part C, Section 2 of the Rules, either because they are licensed in jurisdictions that do not have reciprocity with Georgia or they do not have the requisite years of experience in the practice of law as required under the Rules. See Rules, Part C, Sections 2 (b) and (e). Those facing this situation are encouraged to apply to the Board of Bar Examiners for a waiver of strict compliance with the reciprocity and/or practice requirements. See Part F, Section 5 of the Rules for information about waivers.
For purposes of the waiver process, a "military spouse attorney" is defined as a person who is:
(a) An attorney at law who has been admitted by examination to membership in the bar of the highest court of another United States jurisdiction;
(b) The spouse of an active duty member, including but not limited to members called to active duty under Title 10 of the United States Code, of the United States Uniformed Services as defined by the Department of Defense of the United States (or, for the Coast Guard, when it is not operating in the service of the Navy, by the Department of Homeland Security); and
(c) The spouse of a service active duty member who is on military orders stationed or home-ported in the State of Georgia.
To be considered a "military spouse attorney," an applicant must meet all three of the above-listed criteria.
Documentation establishing that an applicant is a military spouse attorney will be viewed by the Board as some evidence of good cause for waiver of the reciprocity and/or active practice requirement under Part C, Section 2 (e) of the Rules. In deciding whether sufficient evidence of good cause for a waiver has been established, the Board will also consider evidence related to an applicant's competence in the practice of law, including but not limited to, evidence of the applicant's legal education and employment history, as well as evidence prescribed under the Instructions and Checklist for Filing Petition for Waiver of Admission on Motion Requirements for Admission of a Military Spouse Attorney to the Practice of Law in Georgia.
For more information about the waiver process, please contact the Director of the Office of Bar Admissions at (404) 656-3490.