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Rule 37. Miscellaneous Provisions Relating to Admissions

Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2021

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
V. Regulation of the Practice of Law
C. Admission to Practice of Law (Refs & Annos)
Effective: January 1, 2021
A.R.S. Sup.Ct.Rules, Rule 37
Rule 37. Miscellaneous Provisions Relating to Admissions
(a) Time Limitations on Admission.
1. No Arizona Uniform examination applicant shall be admitted to the practice of law in Arizona until the applicant has successfully completed the Arizona uniform bar examination, satisfied the Multistate Professional Responsibility Examination requirements, and has been recommended for admission by the Committee on Character and Fitness. Failure to take the oath of admission and be admitted to the practice of law in Arizona within five years of successful Arizona uniform bar examination will void all examination scores, and the applicant will be required to successfully retake all required examinations and comply with all required procedures relating to Character and Fitness determinations. Arizona bar examination attempts prior to adoption of the uniform bar exam, successful or unsuccessful, shall be considered equivalent to the Arizona uniform bar examination for purposes of these rules.
2. No applicant for admission on motion shall be admitted to the practice of law in Arizona until the applicant has successfully satisfied all requirements of Rule 34, Rule 36, and Rule 37 and has been recommended for admission by the Committee on Character and Fitness. Failure to take the oath of admission and be admitted to the practice of law in Arizona within five years from the date of application will void all application and character investigation materials, and the applicant will be required to resubmit an application and comply with all required procedures relating to admission on motion.
3. No applicant for admission based on transfer of uniform bar examination score from another jurisdiction shall be admitted to the practice of law in Arizona until the applicant has successfully satisfied all requirements of Rule 34, Rule 35, Rule 36, and Rule 37, and has been recommended for admission by the Committee on Character and Fitness. Failure to take the oath of admission and be admitted to the practice of law in Arizona within five years of a uniform bar examination in another jurisdiction for which the applicant earned the minimum acceptable score established by the Court will void all application and character investigation materials, and the applicant will be required to resubmit an application and comply with all required procedures relating to admission to the practice of law in Arizona.
(b) Taking Oath of Admission. No applicant shall be admitted to the practice of law in Arizona unless he or she has taken the oath of admission to the practice of law in Arizona as prescribed by the Court, before a notary or other person authorized to administer oaths, and has paid any applicable fees. Any applicant who has been informed by the Court that he or she has been approved for admission shall be eligible to take the oath of admission on a form provided by the Court. The form shall be subscribed by the applicant and the person administering the oath and upon its filing with the clerk of the Court a Certificate of Admission shall be issued to the applicant. Provided that all other requirements for admission have been satisfied, an applicant who wishes to be admitted in open court may do so on oral motion by a member of the State Bar of Arizona, and thereafter a Certificate of Admission shall be issued to the applicant. No applicant is entitled to practice law in Arizona until the Certificate of Admission has been issued.
(c) Retention and Confidentiality of Records of Applicants for Admission. The records of applicants for admission to the practice of law shall be maintained and may be destroyed in accordance with approved retention and disposition schedules pursuant to administrative order of the Court, pursuant to Rule 29, Rules of the Supreme Court. The records and the proceedings concerning an application for admission shall remain confidential, except as otherwise provided in these rules. Bar counsel shall be allowed access to the records of applicants for admission and the proceedings of the Committee concerning an application for admission in connection with the duties set forth in Rule 36(a)(2)(C). In addition, the Committee on Character and Fitness and the Committee on Examinations, or the Committees' designated staff, may
1. disclose their respective records pertaining to an applicant to
A. the National Conference of Bar Examiners;
B. the admitting authority of any other state to which the applicant seeks admission;
C. an attorney discipline enforcement agency;
D. an agency authorized to investigate the qualifications of judicial candidates;
E. a law enforcement agency, upon subpoena or good cause shown; or
F. other court agencies, court committees or regulatory boards, for good cause shown;
2. publicly announce the names of the applicants who have successfully completed the examination, except for applicants who applied in accordance with Rule 34(b)(2) and who have not satisfied the evidence of graduation requirement;
3. except for applicants who applied in accordance with Rule 34(b)(2) and who have not satisfied the evidence of graduation requirement, report to the law school from which the applicant graduated:
A. the applicant's status as pass, fail, or withdrew from examination, and
B. detailed information about how the applicant performed on the different sections of the examination, along with the overall median and standard deviations for each section, providing the applicant consents to its release; any detailed information provided will be kept confidential and may be used solely for scholarly research by the applicant's law school and for monitoring and improving the school's educational and student support programs; and
4. disclose to an applicant, as required by Rule 36(f), evidence to be used at the hearing.
(d) Refund of Fees.
1. An applicant who submits an application for admission by Arizona uniform bar examination and who has paid the fees required by these rules and thereafter withdraws the application or fails to appear for the examination applied for, shall be entitled to a partial refund or credit of the fees paid, as established by the Court, provided the applicant notifies the Committee in writing no later than the filing deadline for that examination as set by the Court. If an applicant receives approval pursuant to Rule 35(c)(3) on or after the filing deadline for the examination, the applicant must submit a written request to withdraw within five calendar days of receipt of approval by the Committee to be entitled to a partial refund. No part of the fees paid to the National Conference of Bar Examiners is refundable.
2. Applicants for admission on motion and applicants for admission based on transfer of uniform bar examination score shall not receive a refund of the application fee for any reason, including denial of admission, withdrawal of the application, or failure to pursue admission after application, regardless of the date the applicant notifies the Committee. Credit for the fees paid by an applicant who withdraws or fails to pursue admission after application will be applied to any application made by the applicant for two (2) years from the date of the original application.
(e) Immunity from Civil Suit.
1. The Court, the Committee on Character and Fitness, the Committee on Examinations, and the members, staff, employees, and agents thereof, are immune from all civil liability for conduct and communications occurring in the performance of their official duties relating to the examination, character and fitness determination, and licensing of persons seeking to be admitted to the practice of law.
2. Records, statements of opinion and other information regarding an applicant for admission communicated by any entity, including any person, firm, or institution, without malice, to the Court, the Committee on Character and Fitness, the Committee on Examinations, and the members, staff, employees, and agents thereof, are privileged, and civil suits predicated thereon may not be instituted.

Credits

Amended and effective Jan. 25, 1991. Amended (temporary basis) Jan. 21, 1993, emergency effective Feb. 1, 1993, adopted in final form June 24, 1993. Amended and effective April 14, 1999; Jan. 30, 2004. Amended July 21, 2004, effective Aug. 1, 2004; June 9, 2005, effective Dec. 1, 2005; Sept. 2, 2010, effective Jan. 1, 2011; Sept. 1, 2011, effective Jan. 1, 2012; Dec. 22, 2011, effective Jan. 1, 2012; Aug. 30, 2012, effective Jan. 1, 2013; Aug. 28, 2018, effective Jan. 1, 2019; Aug. 27, 2019, effective March 1, 2020; Aug. 27, 2020, effective Jan. 1, 2021; Oct. 16, 2020, effective Jan. 1, 2021.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 37, AZ ST S CT Rule 37
State Court Rules are current with amendments received and effective through 11/1/22. The Code of Judicial Administration is current with amendments received through 11/1/22
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