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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
superior court commissioner; appointment; qualifications
Purpose
Requires the Supreme Court to license attorneys in Arizona and prohibits the Supreme Court from requiring an attorney to be a member of any organization in order to become or remain a licensed attorney in Arizona.
Background
Persons desiring to be admitted to the practice of law in Arizona may apply for admission by: 1) Arizona Uniform Bar Examination; 2) on motion; or 3) the transfer of Uniform Bar Examination score from another jurisdiction. A person must also submit an application to the Committee on Character and Fitness (Committee) in the form supplied by the Committee, accompanied by other supporting documents, including evidence that the person is a graduate with a juris doctorate. In order to be recommended for admission, the Committee must be satisfied that that the applicant: 1) is at least 21 years old; 2) is of good moral character; 3) is mentally, emotionally and physically able to engage in the practice of law and possesses the knowledge to do so; 4) is a graduate with a juris doctorate from a school approved by the American Bar Association; 5) is in good standing with any other jurisdiction in which the person has been admitted to practice; and 6) has successfully completed the specified course on Arizona law (A.R.S. § Sup.Ct.Rules, Rule 34)
The Arizona
Supreme Court has jurisdiction over any person or entity engaged in the
authorized or unauthorized “practice of law” in Arizona and maintains under its
direction and control a corporate organization known as the Bar. Every person
licensed by the Supreme Court to engage in the practice of law must be a member
of the Bar in accordance with the Supreme Court Rules. The Supreme Court
empowers the Bar, under the Supreme Court's supervision, to:
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 Supreme Court with the regulation and
discipline of persons engaged in the practice of law and assist the Supreme
Court with the regulation and discipline of alternative business structures and
legal paraprofessionals; and 5) conduct educational programs regarding
substantive law, best practices, procedure and ethics and report its
recommendations to the Supreme Court concerning these subjects (Sup. Ct. Rules,
Rule
31 and 32).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the Supreme Court to license attorneys for the practice of law in Arizona.
2. Prohibits the Supreme Court from requiring an attorney to be a member of any organization in order to become or remain a licensed attorney in Arizona.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
ZD/KS/sr