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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
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SB 1435: attorney licensing; supreme court
Sponsor: Senator Wadsack, LD 17
Caucus & COW
Overview
Requires the Arizona Supreme Court (Court) to license attorneys for the practice of law in Arizona and prohibits the Court from requiring an attorney to be a member of any organization to become or remain a licensed attorney in Arizona.
History
Court rule provides that the Court has jurisdiction over any person or entity engaged in the authorized or unauthorized practice of law in Arizona. The practice of law is defined as providing legal advice or services to or for another by:
1) Preparing or expressing legal opinions to or for another person or entity;
2) Representing a person or entity in a judicial, quasi-judicial or administrative proceeding, or other formal dispute resolution process such as arbitration or mediation;
3) Preparing a document, in any medium, on behalf of a specific person or entity for filing in any court, administrative agency or tribunal;
4) Negotiating legal rights or responsibilities on behalf of a specific person or entity; or
5) Preparing a document, in any medium, intended to affect or secure a specific person's or entity's legal rights (Ariz. Sup. Ct. R. 31).
The Court maintains under its direction and control a corporate organization known as the State Bar of Arizona (Bar), whose purpose is to serve and protect the public with respect to the provision of legal services and access to justice. By rule, every person licensed to engage in the practice of law in Arizona must be member of the Bar. The Court empowers the Bar to do the following under the Court's supervision:
1) Organize and promote activities that fulfill the responsibilities of the legal profession and its members to the public;
2) Promote access to justice for those who live, work and do business in Arizona;
3) Aid the courts in the administration of justice;
4) Assist the Court with the regulation and discipline of persons engaged in the practice of law; assist the Court with the regulation and discipline of alternative business structures and legal paraprofessionals; foster on the part of those engaged in the practice of law ideals of integrity, learning, competence, public service and high standards of conduct; serve the professional needs of its members; and encourage practices that uphold the honor and dignity of the legal profession; and
5) Conduct educational programs regarding substantive law, best practices, procedure and ethics; provide forums for the discussion of subjects pertaining to the administration of justice, the practice of law and the science of jurisprudence; and report its recommendations to the Court concerning these subjects.
The Bar is governed by the Board of Governors (Board), which has many powers and duties delineated in court rule. The Board is composed of sixteen elected governors and ten appointed governors, and the process for their election or appointment is also specified in court rule (Ariz. Sup. Ct. R. 32).
Provisions
1.
Requires the Court to license attorneys
for the practice of law in Arizona. (Sec. 7)
2. Prohibits the Court from requiring an attorney to be a member of any organization to become or remain a licensed attorney in Arizona. (Sec. 7)
3. Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35)
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7. SB 1435
8. Initials JL Page 0 Caucus & COW
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