Government and military attorneys generally have special rules that they must adhere to when they are attempting to get admitted in a state or represent an individual. California government and military attorneys have similar rules. However, there are some various different rules. For instance, California does not have any additional or limiting rules associated with the admission of government attorneys that may be licensed in other jurisdictions. Rather the state relies upon both its laws on pro hac vice and house counsel rules for such situations, especially since California does not allow individuals to be admitted on motion. California government and military attorneys generally will also be held to like standards of other California barred members when it comes to dues and rules of professional responsibility.
California Rules (Military)Rule 9.41 lays the foundation of what is required for JAG attorneys.
- Must be admitted to practice in another state jurisdiction (min of two years)
- Be employe full-time by a government entity
- Engage in the active practice of law
- Adhere to the CLE requirements
- An employer statement that indicates that the future employee will work for the employer as an attorney providing legal services
- Sworn statements that there has not been any violations of the ethic code or sanctions brought against the attorney in any other jurisdiction where they are barred.
- Can only perform legal services once admitted into California for clients approved by the state of California. (Can also not accept any compensation for those services except as given through their sate employer. Part time employment also not allowed).
Practice
Under the Service members Civil Relief Act, 50 US Code Appendix § 501, et seq. JAG members are permitted, with consent of the court, to represent a service member in civilian court.