The U.S. Department of Justice recently updated its Frequently Asked Questions and guidance regarding professional license portability under the Servicemembers Civil Relief Act (SCRA). These updates provide important clarification for military spouse attorneys and other licensed professionals navigating PCS moves.
Most notably, the updated guidance confirms that licenses to practice law are included within SCRA licensure portability protections. This clarification is especially significant for military spouse attorneys who historically faced barriers to portability despite federal protections intended to reduce employment disruptions caused by military relocations.
Important Clarification on “Licensing Authority”
The updated FAQs clarify that the term “licensing authority” is not limited solely to executive branch agencies or administrative licensing boards. Instead, the definition is broad enough to include entities that regulate professions under state law — including state supreme courts and judicial bodies that oversee the legal profession.
This clarification is critical because attorney licensure is often governed by state supreme courts rather than traditional executive branch licensing agencies. The updated guidance helps reinforce that attorney licensing systems are subject to SCRA portability protections.
Key Clarifications in the Updated FAQs
The DOJ guidance explains that eligible servicemembers and military spouses may continue practicing under their existing professional license when relocating due to military orders if they:
– Hold a covered license in good standing;
– Move because of military orders; and
– Submit the required application materials to the new state licensing authority.
The updated FAQs also clarify that:
– Licensing authorities cannot require materials beyond what federal law permits;
– The prior “active use” requirement has been removed;
– Command letters may satisfy proof-of-orders requirements in some circumstances; and
– Temporary licensing mechanisms may be used while applications are processed.
The DOJ further emphasized that some applicants continue to be incorrectly directed into traditional licensing pathways instead of SCRA portability processes and encouraged states and licensing authorities to ensure proper implementation and staff training.
MSJDN has long advocated for expanded attorney licensure portability and continues working with jurisdictions nationwide to support proper implementation of these federal protections.
Members can review the updated DOJ guidance here:
https://www.justice.gov/servic
For any member experiencing challenges with SCRA licensure portability or implementation issues, please contact the MSJDN Policy & Advocacy Committee at advocacy@msjdn.org for guidance and support.