PROPOSED AMENDMENT
SENATE AMENDMENTS TO H.B. 2392
(Reference to House engrossed bill)
Strike everything after the enacting clause and insert:
“Section 1. Title 32, Arizona Revised Statutes, is amended by adding chapter 2, to read:
CHAPTER 2. ATTORNEYS
ARTICLE 1. STATE BAR OF ARIZONA
32-201. Practice of law; requirements; bar examination
A. Notwithstanding any rule or law to the contrary, upon timely filing of an application for admission, fees, proof of good standing if admitted elsewhere, photograph and fingerprint card, no person shall be denied the opportunity to take the bar examination or be denied admission to the state bar of Arizona solely because the person:
1. did not attend an American bar association-accredited law school.
2. did not attend any law school.
3. Did not graduate from a law school.
B. This section does not affect any rules for the regulation of the practice of law other than those related to law school attendance and graduation.
32-202. Practice of law; admission; legal apprenticeship and probationary membership
A. Notwithstanding any law to the contrary, a person who is not a member of the state bar of Arizona, who is not a graduate of a law school provisionally or fully approved by the American BAr Association at the time of graduation or who is not actively engaged in the practice of law in another state shall be admitted to the practice of law in this state if the person is approved by the committee on character and fitness, has completed a class in legal ethics pursuant to sections 32-203 and 32-204, has completed a legal apprenticeship period pursuant to section 32-203 or a probationary membership period pursuant to section 32-204, has passed the bar examination and has passed the multistate professional responsibility examination shall be admitted to the state bar of arizona.
32-203. Practice of law; admission; legal apprenticeship
A. A person who is approved by the committee on character and fitness and who studies law diligently and in good faith before taking the bar examination and the multistate professional responsibility examination shall be classified as a legal apprentice.
B. a legal apprentice shall study law diligently and in good faith in any of the following manners:
1. Under the personal supervision of a member of the state bar of Arizona who has been engaged in the active practice of law in this state for at least five years. The supervising attorney shall complete any periodic evaluations that the committee on examinations requests.
2. In the chambers and under the personal supervision of a judge of a court of record in this state. The supervising judge shall complete any evaluations that the committee on examinations requests.
3. In the state legislature as a member or as professional staff under the personal supervision of the rules attorney for the senate or the house of representatives or an attorney for the Arizona Legislative COuncil. The Supervising attorney shall complete any evaluations that the committee on examinations requests.
4. By instruction in law from a correspondence law school that is authorized or is approved to confer professional degrees by this state and that requires eight hundred sixty-four hours of preparation and study per year.
C. For any person who is classified as a legal apprentice, each of the following applies:
1. The term of the legal apprenticeship period shall be two years.
2. The legal apprentice shall complete a class in legal ethics at the end of the legal apprenticeship period, and shall submit evidence of the completion of the class to the Arizona supreme court.
3. The legal apprentice may choose to change supervisors at any time during the legal APPRENTICESHIP period. if the legal apprentice changes supervisors, the legal apprenticeship period shall be extended for one year. 4. A legal apprentice shall not directly represent any person or receive compensation directly from any person for legal work other than the supervisor or the supervisor’s firm, organization or agency.
5. The state bar of Arizona shall not charge the legal apprentice dues that exceed one-half the amount of dues paid by an active member of the state bar of Arizona.
D. At the end of the legal apprenticeship period, the legal apprentice shall take the bar examination and the multistate professional responsibility examination. if the legal apprentice does not pass both examinations, the legal apprenticeship period shall be extended for one year. If the legal apprentice passes both examinations, either:
1. the legal apprentice’s supervisor shall provide to the Arizona supreme court an affidavit containing each of the following:
(a) A statement that the legal apprentice has completed the legal apprenticeship period.
(b) A statement as to whether or not the legal apprentice is adequately qualified to be admitted to the state bar of Arizona as a full member. If the supervisor recommends that the legal apprentice not be admitted to the state bar of Arizona as a full member, the supervisor shall provide in the statement good cause for the recommendation and shall bear the burden of proof by clear and convincing evidence to show good cause if the recommendation is challenged by the legal apprentice pursuant to subsection f.
(c) A statement as to whether, to the best of the supervisor’s knowledge, the legal apprentice is of sufficient good moral character to gain full admission to the state bar of Arizona. If the supervisor states that the legal apprentice is not of sufficient good moral character, the supervisor shall provide in the statement good cause for the statement and shall bear the burden of proof by clear and convincing evidence to show good cause if the recommendation is challenged by the legal apprentice pursuant to subsection F.
2. the legal apprentice shall submit an affidavit evidencing satisfactory proof of completion of at least one thousand seven hundred and twenty-eight hours of preparation and study at a correspondence law school.
E. On receipt of the affidavit required by subsection d, the Arizona supreme court shall either:
1. Deny the legal apprentice full admission to the state bar of Arizona if the affidavit states that the legal apprentice is not adequately qualified or is not of sufficient moral character for full admission to the state bar of Arizona, and the Arizona supreme court accepts the findings or recommendations of the supervisor. The Arizona supreme court shall notify the legal apprentice in writing and by registered mail of the denial of full admission. The notification shall state that the legal apprentice has the right to challenge the denial within thirty days of the receipt of the notification, and has the right to a hearing before the Arizona supreme court pursuant to subsection F to determine whether the legal apprentice shall be admitted to the state bar of Arizona.
2. Order that the legal apprentice be fully admitted to the state bar of arizona if either:
(a) The legal apprentice completed the required preparation and study at a correspondence law school.
(b) the supervisor’s affidavit states that the legal apprentice is adequately qualified and is of sufficient moral character for full admission to the state bar of Arizona, and the Arizona supreme court accepts the findings and recommendations of the supervisor.
F. If a legal apprentice is denied full admission to the state bar of Arizona and challenges the basis for that finding, a hearing shall be held before the Supreme Court to determine whether there is clear and convincing evidence that good cause exists for the denial of admission.
1. If good cause is not shown by clear and convincing evidence, the court shall order that the legal apprentice be granted full admission to the state bar of Arizona.
2. If good cause is shown by clear and convincing evidence, the term of the legal apprenticeship period shall be extended for one year.
G. If a legal apprentice is denied full admission to the state bar of arizona and does not challenge the denial within thirty days of the receipt of the notification of the denial, the legal apprenticeship period shall be extended for one year.
H. notwithstanding subsection c, paragraph 3, A legal apprentice may change supervisors for any extension of the legal apprenticeship period pursuant to a denial of full admission to the state bar of Arizona.
I. The Supreme Court may, in its sole discretion, deny admission or fully admit a legal apprentice to the state bar of Arizona. If the Court denies admission, notification shall be sent in accordance with the provisions of subsection e, paragraph 1 and the legal apprentice may challenge the denial and request a hearing pursuant to subsection f.
J. The legal apprenticeship period may be extended for up to five years. If the Arizona supreme court denies admission to the state bar of arizona to the legal apprentice after five years based on a lack of adequate qualification, the legal apprentice shall be required to retake the bar examination. If the legal apprentice passes the bar examination a second time, the legal apprentice shall be admitted to the state bar of Arizona as a full member unless it can be shown, pursuant to subsection f, that the legal apprentice is not of good moral character. If the legal apprentice does not pass the bar examination, the legal apprentice shall be denied admission to the state bar of Arizona for a period of five years, after which the person may apply for a legal apprenticeship pursuant to subsection A.
K. any person who, before the effective date of this section, meets the qualifications of subsection a may follow the procedures prescribed by subsection d for admission to the state bar of arizona.
32-204. Practice of law; admission; probationary membership
A. A person who is approved by the committee on character and fitness and who studies law diligently and in good faith after passing the bar examination and the multistate professional responsibility examination shall be admitted as a probationary member of the state bar of arizona.
B. After passing the bar examination and the multistate professional responsibility examination, the probationary member shall study law diligently and in good faith in any of the following manners:
1. Under the personal supervision of a member of the state bar of Arizona who has been engaged in the active practice of law in this state for at least five years. The supervising attorney shall complete any periodic evaluations that the committee on examinations requests.
2. In the chambers and under the personal supervision of a judge of a court of record in this state. The supervising judge shall complete any evaluations that the committee on examinations requests.
3. In the state legislature as a member or as professional staff under the personal supervision of the rules attorney for the senate or the house of representatives or an attorney for the Arizona Legislative COuncil. The Supervising attorney shall complete any evaluations that the committee on examinations requests.
4. By instruction in law from a correspondence law school that is authorized or is approved to confer professional degrees by this state and that requires eight hundred sixty-four hours of preparation and study per year.
C. For any person who is admitted to the state bar of Arizona as a probationary member, each of the following applies:
1. The term of the probationary period shall be two years.
2. The probationary member shall complete a class in legal ethics prior to the end of the probationary period, and shall submit evidence of the completion of the class to the Arizona supreme court.
3. The probationary member may choose to change supervisors at any time during the probationary period. if the probationary member changes supervisors, the probationary period shall be extended for one year.
4. A probationary member shall not directly represent any person or receive compensation directly from any person for legal work other than the supervisor or the supervisor’s firm, organization or agency.
5. The state bar of Arizona shall not charge the probationary member dues that exceed one-half the amount of dues paid by an active member of the state bar of Arizona.
D. At the end of the probationary period, either:
1. the probationary member’s supervisor shall provide to the Arizona supreme court an affidavit containing each of the following:
(a) A statement that the probationary member has completed the probationary period.
(b) A statement as to whether or not the probationary member is adequately qualified to be admitted to the state bar of Arizona as a full member. If the supervisor recommends that the probationary member not be admitted to the state bar of Arizona as a full member, the supervisor shall provide in the statement good cause for the recommendation and shall bear the burden of proof by clear and convincing evidence to show good cause if the recommendation is challenged by the probationary member pursuant to subsection f.
(c) A statement as to whether, to the best of the supervisor’s knowledge, the probationary member is of sufficient good moral character to gain full admission to the state bar of Arizona. If the supervisor states that the legal apprentice is not of sufficient good moral character, the supervisor shall provide in the statement good cause for the statement and shall bear the burden of proof by clear and convincing evidence to show good cause if the recommendation is challenged by the probationary member pursuant to subsection F.
2. the probationary member shall submit an affidavit evidencing satisfactory proof of completion of at least one thousand seven hundred and twenty-eight hours of preparation and study at a correspondence law school.
E. On receipt of the affidavit required by subsection d, the Arizona supreme court shall either:
1. Deny the probationary member full admission to the state bar of Arizona if the affidavit states that the probationary member is not adequately qualified or is not of sufficient moral character for full admission to the state bar of Arizona, and the Arizona supreme court accepts the findings or recommendations of the supervisor. The Arizona supreme court shall notify the probationary member in writing and by registered mail of the denial of full admission. The notification shall state that the probationary member has the right to challenge the denial within thirty days of the receipt of the notification, and has the right to a hearing before the Arizona supreme court pursuant to subsection F to determine whether the probationary member shall be admitted to the state bar of Arizona.
2. Order that the probationary member be fully admitted to the state bar of arizona if either:
(a) The probationary member completed the required preparation and study at a correspondence law school.
(b) the supervisor’s affidavit states that the probationary member is adequately qualified and is of sufficient moral character for full admission to the state bar of Arizona, and the Arizona supreme court accepts the findings and recommendations of the supervisor.
F. If a probationary member is denied full admission to the state bar of Arizona and challenges the basis for that finding, a hearing shall be held before the Supreme Court to determine whether there is clear and convincing evidence that good cause exists for the denial of admission.
1. If good cause is not shown by clear and convincing evidence, the court shall order that the probationary member be granted full admission to the state bar of Arizona.
2. If good cause is shown by clear and convincing evidence, the term of the probationary period shall be extended for one year.
G. If a probationary member is denied full admission to the state bar of arizona and does not challenge the denial within thirty days of the receipt of the notification of the denial, the probationary period shall be extended for one year.
H. notwithstanding subsection c, paragraph 3, A probationary member may change supervisors for any extension of the probationary period pursuant to a denial of full admission to the state bar of Arizona.
I. The Supreme Court may, in its sole discretion, deny admission or fully admit a probationary member to the state bar of Arizona. If the Court denies admission, notification shall be sent in accordance with the provisions of subsection e, paragraph 1 and the probationary member may challenge the denial and request a hearing pursuant to subsection f.
J. The probationary period may be extended up to five years. If the Arizona supreme court denies admission to the state bar of arizona to the probationary member after five years based on a lack of adequate qualification, the probationary member shall be required to retake the bar examination. If the probationary member passes the bar examination a second time, the probationary member shall be admitted to the state bar of Arizona as a full member unless it can be shown, pursuant to subsection f, that the probationary member is not of good moral character. If the probationary member does not pass the bar examination, the probationary member shall be denied admission to the state bar of Arizona for a period of five years, after which the person may apply for a probationary membership pursuant to subsection A.
K. any person who, prior to the effective date of this section, meets the qualifications of subsection a may follow the procedures prescribed by subsection d for admission to the state bar of arizona.”
Amend title to conform