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Bill

S 9766

Relates to making technical corrections to ensure gender neutrality for the admission to practice law and preventing required disclosure of prior interaction with law enforcement or the criminal justice system

2025 Regular Session Introduced by Luis Sepúlveda

The bill narrows admission disclosures by prohibiting certain past law enforcement interactions unless still relevant, boosting privacy while ensuring committee reviews remain rigo

REFERRED TO JUDICIARY
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Bill Summary · S 9766

Bill Summary – S. 9766 (2025-2026 Session, New York)

Basic Information

  • Title: Relates to making technical corrections to ensure gender neutrality for the admission to practice law and preventing required disclosure of prior interaction with law enforcement or the criminal justice system
  • Jurisdiction: New York
  • Sponsor: Sen. Sepúlveda (Co-sponsor: Sen. Luis Sepúlveda)
  • Committee Status: Referred to Judiciary; advanced through readings (as of latest action: advanced to third reading on 2026-04-27)
  • Effective Date: 60 days after becoming law

Purpose and Intent

  • The bill makes a series of technical corrections to the New York Civil Practice Law and Rules (CPLR) related to the admission to the bar.
  • It emphasizes gender neutrality in the language used for governing admission procedures.
  • It also tightens protections around applicants by prohibiting disclosure of certain prior interactions with law enforcement or the criminal justice system in the admission questionnaires, under specified circumstances.

Key Provisions (Overview)

1) Rule 9401 – Committee for Admission

  • Reaffirms that the Appellate Division shall appoint a committee of at least three practicing lawyers for each judicial district to investigate the character and fitness of applicants for admission to practice law.
  • Clarifies terms of service for committee members (serving until death, resignation, or successor appointment) and allows cross-district appointment within the same department.

2) Rule 9403 – Transfer of Applications Between Districts

  • Allows an application pending before one committee to be referred to a committee in another judicial district (same or different department) upon written request of the chairperson.
  • Requires written certification that:
    • The applicant has changed residence to the other district, or
    • The applicant, if not a New York resident, has started full-time employment in the other district.
  • This is a relaxation/remedial mechanism to move applications when circumstances change.

3) Rule 9404 – Certificate of Character and Fitness

  • Maintains that, absent a contrary order, admission requires a certificate after careful investigation of character and fitness.
  • Authorizes appellate division justices to prescribe and amend the form of the applicant questionnaire.
  • Important Change: The questionnaire shall not require disclosure of the applicant’s history of interaction with law enforcement or the criminal justice system if:
    • The interaction is no longer pending and did not result in a conviction, or
    • It involved a juvenile proceeding or youthful offender adjudication, or
    • It resulted in a conviction that is now sealed.
  • This provision explicitly limits how past interactions with law enforcement can be requested in the admission process, aiming to reduce stigma and focus on ongoing fitness.

4) Rule 9405 – Prior Applications

  • Requires disclosure of all facts related to any prior admissions applications (in New York or another jurisdiction), including disposition.
  • If a prior application was filed in an appellate division and was disapproved or rejected, the applicant must obtain and submit written consent from the appellate division to renew the application in the same or another division.

5) Rule 9406 – Proof for Certification and Admission

  • Reiterates requirements for receiving the certificate and admission:
    • Support for the U.S. Constitution and New York Constitution.
    • Compliance with all applicable statutes and rules governing admission to practice.
  • Serves as a cross-check ensuring applicants meet the legal and procedural standards.

Who Is Affected

  • Individuals applying for admission to practice law in New York.
  • Appellate Division committees that evaluate character and fitness.
  • Potentially, applicants with prior interactions with law enforcement or the criminal justice system, who may benefit from non-disclosure protections under the clarified circumstances.

Procedural and Timeline Notes

  • The bill emphasizes procedural flexibility (transfer of applications between districts) and modernization of forms.
  • The protection against requiring certain disclosures becomes effective per existing statutory timelines once enacted.
  • Takes effect 60 days after the law’s enactment.

Potential Impact

  • Improves clarity and efficiency in the admission process for lawyers.
  • Advances gender-neutral language in governing texts.
  • Reduces the need for applicants to disclose certain historical law-enforcement interactions, possibly reducing barriers for qualified individuals with past, non-persistent, or sealed matters.
  • Balances transparency with privacy considerations by outlining specific disclosure exceptions.

Compiled from official sources — confirm details with the bill’s official record.

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