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Rule 39. Temporary Authorizations to Practice Law

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 39
Rule 39. Temporary Authorizations to Practice Law
(a) Pro Hac Vice.
(1) General Statement and Eligibility. An attorney who is not a member of the State Bar of Arizona but is currently a member in good standing of the bar of another state or non-U.S. jurisdiction, and eligible to practice before the highest court in any state, territory or insular possession of the United States or foreign jurisdiction (hereinafter called a non-member attorney) may appear as counsel pro hac vice in any case before any state or local court, board or administrative agency in the State of Arizona upon compliance with this rule:
(2) In order to appear as counsel in any matter pending before a court, board, or administrative agency in the State of Arizona, a non-member attorney shall:
(A) File with the State Bar of Arizona an original and one copy of a verified application; and the verified application required by this rule shall be on a form approved by the Arizona Supreme Court and available at the clerk of the court, board, or administrative agency where such cause is pending.
(B) File with the State Bar of Arizona a certificate from each state bar or from the clerk of the highest admitting court of each state, territory or insular possession of the United States, or foreign jurisdiction, in which the non-member attorney has been admitted to practice law certifying the non-member attorney's date of admission to such jurisdiction and the current status of the non-member attorney's membership or eligibility to practice therein.
(C) Pay to the State Bar of Arizona a non-refundable application fee equal to the current dues paid by active members of the State Bar of Arizona for the calendar year in which such application is filed plus an additional assessment set by the Arizona Supreme Court for the Client Protection Fund, with the following exceptions:
(i) Not more than one application fee may be required per non-member attorney for consolidated or related matters regardless of how many applications are made in the consolidated or related proceedings by the non-member attorney.
(ii) The application fee shall be waived (1) for Judge Advocate General's Corps military attorneys practicing before the Military Trial Court of the State of Arizona or the Arizona Court of Military Appeals and (2) to permit pro bono representation of an indigent client or clients. An attorney seeking a fee waiver to provide pro bono representation of an indigent client or clients shall include in the application a verification that all clients represented in the action are indigent and that no attorney fee shall be paid by the client. “Indigent” is defined as those individuals whose gross income is at or below 125% of the federal poverty guidelines, as calculated in conformity with the eligibility requirements for Legal Services Corporation grantees, currently codified at 45 C.F.R. Section 1611.
(D) Upon receipt of the verified application and fee from the non-member attorney as described above, the State Bar of Arizona shall issue to local counsel a Notice of Receipt of Complete Application that states: (1) whether the non-member attorney has previously made any application or motion pursuant to this rule within the preceding three years; (2) the date of any such application or motion; and (3) whether the application or motion was granted or denied by the court or administrative agency. The State Bar of Arizona Notice shall include as exhibits: (1) the original verified application and (2) the original certificate(s) of good standing. The State Bar shall retain copies of verified applications, certificates of good standing and orders granting, denying or revoking applications to appear pro hac vice for three (3) years.
(E) Local counsel shall file a motion to associate counsel pro hac vice with the court, board, or administrative agency where the cause is pending, together with proof of service on all parties in accordance with Arizona Rules of Civil Procedure. The motion to associate counsel pro hac vice shall include:
(i) the original verified application as an exhibit;
(ii) the original certificates of good standing as an exhibit;
(iii) the State Bar of Arizona Notice as an exhibit; and
(iv) a proposed order granting or denying the motion.
(F) Local counsel shall mail a copy of each order granting or denying the motion as entered by the court, board, or administrative agency to the State Bar of Arizona.
(3) Scope of Authority. A non-member attorney may not appear pro hac vice before any court, board or administrative agency of this state unless the non-member attorney has associated in that cause an attorney who is a member in good standing of the State Bar of Arizona (hereinafter called local counsel). The name of local counsel shall appear on all notices, orders, pleadings, and other documents filed in the cause. Local counsel may be required to personally appear and participate in pretrial conferences, hearings, trials, or other proceedings conducted before the court, board, or administrative agency when the court, board, or administrative agency deems such appearance and participation appropriate. Local counsel associating with a non-member attorney in a particular cause shall accept joint responsibility with the non-member attorney to the client, to opposing parties and counsel, and to the court, board, or administrative agency in that particular cause.
(4) Discretion. The granting or denial of a motion to associate counsel pro hac vice pursuant to this rule by the court, board, or administrative agency is discretionary. The order granting or denying the motion to associate counsel pro hac vice shall be entered by the court, board, or administrative agency no later than 20 days (exclusive of weekends and holidays) after the filing of such motion. A non-member attorney shall make no appearance in a cause until the court, board, or administrative agency where the cause is pending enters the order granting the motion to associate counsel pro hac vice. The order granting pro hac vice status shall be valid for a period of one year from the date of entry, and shall be renewed for subsequent one year periods upon compliance with renewal procedures as specified herein.
(5) Disciplinary Jurisdiction of the State Bar of Arizona. As provided in Rule 46(b), Rules of the Supreme Court, a non-member attorney admitted pro hac vice pursuant to these rules shall be subject to the jurisdiction of the courts and agencies of the State of Arizona and to the State Bar of Arizona with respect to the laws and rules of this state governing the conduct and discipline of attorneys to the same extent as an active member of the State Bar of Arizona.
(6) Termination of Authorization. The court, board, or administrative agency may revoke the authority of a non-member attorney to make continued appearances pursuant to this rule. Absent special circumstances, repeated appearances by any person pursuant to this rule may be the cause for denial of the motion to associate counsel pro hac vice. Such special circumstances may include, but are not limited to, the following: (1) a showing that the cause involves a complex area of law in which the nonmember attorney possesses a special expertise, or (2) a lack of local counsel with expertise in the area of law involved in the cause.
(7) Transfer. The non-member attorney shall be deemed admitted in the event venue in such action is transferred to another county or court or is appealed; provided, however, that the court having jurisdiction over such transferred or appealed cause may revoke the authority of the non-member attorney to appear pro hac vice.
(8) Continuing Duties to Advise of Changes in Status. A non-member attorney admitted pro hac vice shall have the continuing obligation during the period of such admission to promptly advise the State Bar of Arizona of a disposition made of pending charges or the institution of any new disciplinary proceedings or investigations. The State Bar of Arizona shall then advise any court, board, or administrative agency where the non-member attorney has been admitted pro hac vice of any such information. A non-member attorney shall promptly advise the State Bar of Arizona if permission to appear pro hac vice pursuant to this rule is revoked by any court, board, or administrative agency.
(9) Renewal of Application and Fees. On or before each anniversary date of the filing of the verified application with the State Bar of Arizona, local counsel must certify to the State Bar of Arizona whether (a) the non-member attorney continues to act as counsel in the cause; or (b) such cause has been adjudicated to a final conclusion or is otherwise concluded. Any non-member attorney who continues to act as counsel in the cause shall remit to the State Bar of Arizona on or before each anniversary date an assessment set by the Arizona Supreme Court for the Client Protection Fund and a fee equal to the current dues paid by active members of the State Bar of Arizona for the calendar year in which such renewal is sought, unless the non-member attorney is waived under paragraph (c)(1)(B)(ii) of this rule as a Judge Advocate General's Corps military attorney or as an attorney providing pro bono representation of an indigent client.
(10) Failure to Renew. Any non-member attorney who continues to appear pro hac vice in a cause and fails to pay the renewal fees set forth in paragraph (h) of this rule shall be suspended from appearance in any cause upon the expiration of a period of thirty days from the anniversary date. The executive director of the State Bar of Arizona shall notify the non-member attorney and local counsel of the suspension and shall file a certified copy of the notice with the court, board or administrative agency where the cause is filed. The non-member attorney may be reinstated upon the payment of fees set forth in paragraph (h) of this rule and a $50 late penalty. Upon payment of all accrued fees and late penalty, the executive director shall reinstate the non-member attorney and shall certify such reinstatement to the court, board, or administrative agency where the cause is filed.
(11) Annual Reporting. The State Bar of Arizona shall prepare an annual report which shall list: (a) all applications filed pursuant to this rule during the preceding twelve months; (b) the names of all applicants; and (c) whether the application was granted or denied. The report shall be available for inspection at the offices of the State Bar of Arizona and shall be provided to the Supreme Court.
(12) Disposition of Fees. Fifteen percent of the application fees paid pursuant to this rule shall be deposited into a civil legal services fund to be distributed by the Arizona Foundation for Legal Services and Education entirely to approved legal services organizations, as that term is defined in Rule 38(d).
(13) Exception for Indian Child Welfare Cases. A non-member attorney is not required to associate with local counsel under this rule or pay the fees established by this rule if the applicant establishes to the satisfaction of the State Bar of Arizona that:
(A) the non-member attorney seeks to appear in an Arizona court for the limited purpose of participating in a child custody proceeding as defined by 25 U.S.C. § 1903, pursuant to the Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.;
(B) the non-member attorney represents a federally recognized Indian tribe as defined by 25 U.S.C. § 1903(8) of the Rules of Procedure for Juvenile Court; and
(C) the Indian child's tribe has submitted a pleading to the court seeking to intervene and participate in the state court proceeding and affirming the child's membership or eligibility for membership under tribal law.
The non-member attorney shall file a motion to appear pro hac vice with the court in which the proceeding is pending and shall perform the duties required to be performed by associate counsel under this rule. Appearance in child welfare proceedings under this paragraph constitutes a special circumstance for the purposes of the restriction in paragraph (6) that a motion may be denied because of repeated appearances.
(b) Practice Pending Admission.
(1) General Statement and Eligibility. An applicant who currently holds an active license to practice law in another jurisdiction in the United States, and who has been primarily engaged in the active practice of law for three of the last five years immediately preceding the date upon which the application for admission is filed, may provide legal services in Arizona through an office or other place for the regular practice of law in Arizona for no more than 365 days, provided that the applicant:
(A) is a licensed attorney in good standing in all courts and jurisdictions in which he or she is admitted to practice;
(B) is not currently subject to an order of attorney discipline or the subject of a pending disciplinary or disability investigation in any jurisdiction;
(C) has not previously been denied admission to practice law in Arizona, has not failed to achieve a uniform bar examination score equivalent to the minimum passing score requirement for Arizona within the last three years, and has never been denied admission on character and fitness grounds in any jurisdiction;
(D) has first submitted an application deemed complete by the Committee on Character and Fitness for admission on motion (Rule 34(f)), admission by transfer of uniform bar examination score (Rule 34(h)), or admission by Arizona bar examination (Rule 34), and has complied with the requirements of Rule 34 (f)(1)(B), (D) and (H);
(E) reasonably expects to fulfill all of Arizona's requirements for that form of admission;
(F) associates with and is supervised by an attorney licensed to practice in Arizona, and discloses the name, address, and membership status of that attorney;
(G) provides a signed verification form from the Arizona attorney certifying the applicant's association with and supervision by that attorney;
(H) affirmatively states in all written communications with the public and clients the following language: “Practice temporarily authorized pending admission under Rule 39(b). Supervision by [name of attorney], a member of the State Bar of Arizona”;
(I) pays the annual assessment to the Client Protection Fund; and
(J) pays the required admission fee.
(2) Appearances. Until the applicant's admission is granted, the applicant may not appear before a court of record or tribunal in Arizona that requires pro hac vice admission unless the applicant is granted such admission pursuant to Rule39(a).
(3) Notice of Disciplinary Investigation. The applicant must immediately notify the Committee on Character and Fitness in writing if the applicant becomes subject to a disciplinary or disability investigation, complaint, or sanctions in any other jurisdiction at any time during the 365 days of practice authorized by this rule. The Committee on Character and Fitness shall take into account such information in determining whether to grant the attorney's application for admission to practice law in Arizona.
(4) Discipline and Disability Jurisdiction. Any attorney practicing under this rule shall be subject to the Rules of Professional Conduct and the Rules of the Supreme Court regarding attorney discipline in the State of Arizona.
(5) Termination of Authorization to Practice. The authority given an applicant to practice law pending admission pursuant to this rule shall terminate immediately if:
(A) the applicant withdraws the application for admission or the application is denied;
(B) the applicant fails to remain in compliance with paragraph (1) of this rule;
(C) the applicant is disbarred, suspended, or placed on disability inactive status in any other jurisdiction in which the applicant is licensed to practice law; or
(D) the applicant fails to comply with the notification requirements of paragraph (3) of this rule.
(6) Action Required after Termination of Authorization to Practice. Upon the termination of authority to practice law pursuant to this rule, the applicant shall:
(A) immediately cease practicing law in Arizona;
(B) notify in writing all clients in pending matters, and opposing counsel and co-counsel in pending litigation, of the termination of the applicant's authority to practice law in Arizona; and
(C) take all other necessary steps to protect the interests of the applicant's clients.
(7) Registration, Fees & CLE. An attorney practicing under this rule shall not be subject to annual registration fees as required under Rule 32 or the mandatory legal education requirements under Rule 45.
(8) Subsequent Attorney Admission. When an attorney authorized under this rule is subsequently admitted to the practice of law in Arizona, the authorization will be superseded by the Arizona license to practice law.
(c) Law Students and Law Graduates.
(1) Purpose. The purpose of this rule is to provide law students and recent law school graduates with supervised instruction and training in the practice of law for a limited time, and to facilitate volunteer opportunities for those individuals in pro bono contexts.
(2) Definitions:
“Law school” means a law school either provisionally or fully accredited by the American Bar Association.
“Certified limited practice student” is a law student of an accredited law school who holds a currently effective Arizona Supreme Court Certification as a certified limited practice student.
“Certified limited practice graduate” is a law graduate of an accredited law school who holds a currently effective Arizona Supreme Court Certification as a certified limited practice graduate.
“Dean” means the dean, the academic associate dean, or the dean's designee of the accredited law school where the law student is enrolled or the law graduate was enrolled on graduation.
“Period of supervision” means the dates for which the supervising attorney has declared, on the application for certification or recertification, that he or she will be responsible for any work performed by the certified limited practice student or the certified limited practice graduate under his or her supervision.
“Supervising attorney” is an attorney authorized to practice law in Arizona who has practiced law or taught law in an accredited law school as a full-time occupation for at least two years, and agrees in writing to supervise the certified limited practice student or certified limited practice graduate pursuant to these rules, and is identified as the supervising attorney in the application for certification or recertification. The supervising attorney may designate a deputy or other staff attorney to supervise the certified limited practice student or certified limited practice graduate when permitted by these rules.
(3) General Provisions.
(A) Limited Bar Membership. To the extent a law student or law graduate is engaged in the practice of law under this rule, the law student or law graduate shall, for the limited purpose of performing professional services authorized by this rule, be deemed an active member of the State Bar (but not required to pay fees). The provisions of this rule shall govern rather than the provisions of other rules relating to admission and discipline.
(B) Nonapplicability of Attorney Discipline Rules to Terms of the Certification. The procedures otherwise provided by law or court rule governing the discipline of lawyers shall not be applicable to the termination of the certification of a certified limited practice student or certified limited practice graduate pursuant to these rules. Termination of certification shall be without prejudice to the privilege of the law student or law graduate to apply for admission to practice law if the law student or law graduate is in other respects qualified for such admission.
(C) Effect of Certification on Application for Admission to Bar. The certification of a law student or law graduate shall not be considered as an advantage or a disadvantage to the law student or law graduate in an application for admission to the State Bar.
(D) Privileged Communications. The rules of law and of evidence relating to privileged communications between attorney and client shall govern communications made or received by and among supervising and designated attorneys, certified limited practice students, and certified limited practice graduates.
(4) Law Students.
(A) Law Student Eligibility for Limited Practice Certification. To be eligible to become a certified limited practice student, an applicant must:
(i) have successfully completed legal studies amounting to at least two semesters, or the equivalent academic hour credits if the law school or the student is on some basis other than a semester, at an accredited law school;
(ii) neither ask for nor receive any compensation or remuneration of any kind for services rendered by the certified limited practice student from the person on whose behalf the services are rendered; this requirement does not prevent a supervising lawyer, legal services organization, law school, public defender agency, or the state or any political subdivision thereof from paying compensation to the eligible law student, or prevent any such lawyer or agency from requesting compensation or remuneration for legal services as otherwise authorized;
(iii) certify in writing that the student has read and is familiar with the Arizona Rules of Professional Conduct, the rules of the Supreme Court of Arizona, and the statutes of the State of Arizona relating to the conduct of attorneys; and
(iv) be certified by the dean of the law school where the student is enrolled as being in good academic standing, of good character, and as having either successfully completed or being currently enrolled in and attending academic courses in civil procedure, criminal law, evidence, and professional responsibility.
(B) Application to Become a Certified Limited Practice Student or Extend the Certification Period.
(i) All applications to become a certified limited practice student or to extend the period of certification must be submitted on a form provided by the clerk of the Court, to the clerk, with all the information requested on the form, together with any designated fee.
(ii) The application for certification or extension must be signed by the applicant, the dean of the law school in which the applicant is enrolled, and the supervising attorney.
(iii) The applicant must attest that he or she meets all the requirements of this rule; will immediately notify the clerk of the Court if he or she no longer meets the requirements of the rules; and has read and will abide by the Arizona Rules of Professional Conduct and these rules.
(iv) The dean of the law school in which the applicant is enrolled must attest that the applicant meets the requirements of these rules, and, to the best of the dean's knowledge, is qualified by ability, training, or character to participate in the activities permitted by these rules. The dean must immediately notify the clerk of the Court if the certified limited practice student no longer meets the requirements of these rules.
(v) The supervising attorney must specify the period of time during which he or she will be responsible for supervising the applicant and attest that he or she has read and will abide by the Arizona Rules of Professional Conduct, these rules, and will assume responsibility under the requirements of these rules.
(vi) The clerk of the Court will issue the notice of certification and send a copy of the certification to the law school and the State Bar.
(C) Permitted Activities and Requirements of a Certified Limited Practice Student; Presence of Supervising or Designated Attorney.
(i) Court and Administrative Tribunal Appearances. A certified limited practice student may appear in any court or before any administrative tribunal in this state on behalf of any person who has consented in writing to that appearance if the supervising attorney has provided written approval of that appearance. The written consent and approval shall be filed in the record of the case and shall be brought to the attention of the judge or presiding officer and the certified limited practice student must advise the court on the occasion of the student's initial appearance in the case of the certification to appear as a law student pursuant to these rules.
(ii) Presence of Supervising Attorney or Designated Attorney. The supervising attorney or designated attorney must physically appear with the certified limited practice student in the following circumstances:
(a) in any civil case in justice, municipal, and magistrate court, unless the person on whose behalf an appearance is being made consents to the absence of the supervising attorney or designated attorney;
(b) in any civil case in superior court or before any administrative tribunal;
(c) in any criminal case on behalf of the state or any political subdivision of the state if the case is in the superior court or any appellate court;
(d) in any felony criminal defense case in justice, municipal, and magistrate court, and any criminal case in superior court;
(e) in any misdemeanor criminal defense case, unless the person on whose behalf the appearance is being made consents to the absence of the supervising attorney or designated attorney; however, the supervising attorney or designated attorney must be present during trial; and
(f) in oral argument in the Arizona Supreme Court and the Arizona Court of Appeals, but the student may appear only with the specific approval of the court for that case.
(g) Notwithstanding anything in this section, the court may at any time and in any proceeding require the supervising attorney or designated attorney to be physically present.
(iii) Other Client Representation Activities. Under the supervision of the supervising attorney but outside the supervisor's physical presence, a certified limited practice student may:
(a) prepare pleadings and other documents to be filed in any matter in which the certified limited practice student is eligible to appear, but such pleadings or documents must be signed by the supervising attorney or designated attorney;
(b) prepare briefs, motions, and other documents to be filed in the appellate courts of this state, but such documents must be signed by the supervising attorney or designated attorney;
(c) assist indigent inmates of correctional institutions or other persons who request such assistance in preparing applications and supporting documents for post-conviction relief, except when the assignment of counsel in the matter is required by any constitutional provision, statute, or rule of this Court. If there is a lawyer of record in the matter, all assistance must be supervised by the lawyer of record, and all documents submitted to the court on behalf of such a client must be signed by the lawyer of record and the supervising attorney or designated attorney;
(d) give legal advice and perform other appropriate legal services, but only with the consent of the supervising attorney or designated attorney.
(iv) Other Non-Representation Activities. In connection with a volunteer legal services program and at the invitation or request of a court or tribunal, a certified limited practice student may appear as a law student volunteer to assist the proceeding in any civil matter, provided:
(a) the assistance is given to an otherwise unrepresented individual in an uncontested proceeding without entering an appearance as counsel;
(b) the student's supervising attorney is associated with the particular volunteer legal services program;
(c) the certified limited practice student has received the written consent and acknowledgment of non-representation by the unrepresented person, which written consent shall be obtained by the volunteer legal services program and brought to the attention of the court.
(D) Use of the Title “Certified Limited Practice Student.”
(i) A certified limited practice student may use the title “Certified Limited Practice Student” only in connection with activities performed pursuant to these rules.
(ii) When a certified limited practice student's name is printed or signature is included on written materials prepared pursuant to these rules, the written material must also state that the student is a certified limited practice student pursuant to these rules; state the name of the supervising attorney; be signed by the supervising attorney or designated attorney; and otherwise comply with these rules.
(iii) A certified limited practice student shall not hold himself or herself out as an active member of the State Bar.
(iv) Nothing in these rules prohibits a certified limited practice student from describing his or her participation in this program on a resume or letter seeking employment as long as the description is not false, deceptive, or misleading.
(E) Duties of the Supervising Attorney. The supervising attorney must:
(i) supervise and assume professional responsibility for any work performed by the certified limited practice student while under his or her supervision;
(ii) assist and counsel the certified limited practice student in the activities authorized by these rules and review such activities with the certified limited practice student, all to the extent required for the proper training of the certified limited practice student and the protection of the client;
(iii) read, approve, and sign any pleadings, briefs or other documents prepared by the certified limited practice student before the filing thereof, and read and approve any document prepared by the certified limited practice student for execution by any person If a designated attorney performs this duty in place of the supervising attorney, the supervising attorney shall still provide general supervision;
(iv) promptly notify the clerk of the Court in writing if his or her supervision of the certified limited practice student has or will cease before the date indicated on the certification.
(F) Substitution of the Supervising Attorney. If the supervising attorney becomes unable to supervise the certified limited practice student during the period of certification, the certified limited practice student must designate a substitute supervising attorney by submitting a form provided by the clerk of the Court, to the clerk, together with any designated fee. The substitute supervising attorney must sign the form and specify the period during which he or she will be responsible for supervising the certified limited practice student. The substitute supervising attorney must also attest that he or she has read and will abide by the Arizona Rules of Professional Conduct and will comply with the requirements of these rules.
(G) Duration and Termination of Certification. Certification of a certified limited practice student will begin on the date specified in the certification and remain in effect for the period specified in the certification unless sooner terminated by the earliest of the following occurrences:
(i) The certified limited practice student requests termination of the certification in writing or notifies the clerk of the Court that he or she no longer meets the requirements of these rules. In such event the clerk shall send written notice to the student, the student's supervising attorney, the dean, and the State Bar.
(ii) The supervising attorney notifies the clerk of the Court in writing that his or her supervision of the certified limited practice student will cease before the date specified in the notice of certification. In such event, the clerk shall send written notice to the student, the student's supervising attorney, the dean, and the State Bar. The dean may issue a modified certification reflecting the substitution of a new supervising attorney.
(iii) The dean any time, with or without cause and notice or hearing, files notice of the termination with the clerk of the Court.
(iv) The Court at any time, with or without cause and notice or hearing, by filing notice of the termination with the clerk of the Court.
(v) One or more of the requirements for certification no longer exists or the certified limited practice student or supervising attorney fails to comply fully with any provision of these rules or any other pertinent statute, rule or regulation. In the event of termination, the clerk of the Court shall send written notice to the student, the student's supervising attorney, the dean, and the State Bar.
(5) Law Graduates.
(A) Law Graduate Eligibility for Limited Practice Certificate. To be eligible to become a certified limited practice graduate, an applicant must:
(i) have graduated from an accredited law school;
(ii) neither ask for nor receive any compensation or remuneration of any kind for services rendered by the certified limited practice graduate from the person on whose behalf the services are rendered; this requirement does not prevent a supervising lawyer, legal services organization, law school, public defender agency, or the state or any political subdivision thereof from paying compensation to the eligible law graduate, or prevent any such lawyer or agency from requesting compensation or remuneration for legal services as otherwise authorized;
(iii) certify in writing that the law graduate has read and is familiar with the Arizona Rules of Professional Conduct, the rules of the Supreme Court of Arizona, and the statutes of the State of Arizona relating to the conduct of attorneys;
(iv) be certified by the dean of the accredited law school where the law graduate was enrolled on graduation as having graduated in good academic standing and being of good character;
(v) not been convicted of a serious offense as defined in A.R.S. § 13-706; and
(vi) submit to the Committee on Character and Fitness an application in the form supplied by the Committee within 90 days of the issuance of a juris doctor degree to the applicant.
(B) Application to Become a Certified Limited Practice Graduate.
(i) All applications to become a certified limited practice graduate must be submitted on a form provided by the clerk of the Court, to the clerk, with all the information requested on the form, together with any designated fee.
(ii) The application for certification must be signed by the applicant, the dean of the law school where the applicant was enrolled on graduation, and the supervising attorney.
(iii) The applicant must attest that he or she meets all of the requirements of this rule, will immediately notify the clerk of the Court if he or she no longer meets the requirements of the rules, and has read and will abide by the Arizona Rules of Professional Conduct and these rules.
(iv) The dean of the law school where the applicant was enrolled on graduation must attest that the applicant meets the requirements of these rules, and, to the best of the dean's knowledge, is qualified by ability, training, or character to participate in the activities permitted by these rules. The dean must immediately notify the clerk of the Court if the certified limited practice graduate no longer meets the requirements of these rules.
(v) The supervising attorney must specify the period during which he or she will be responsible for and will supervise the applicant and attest that he or she has read and will abide by, the Arizona Rules of Professional Conduct, these rules, and will assume responsibility under the requirements of these rules.
(vi) The clerk of the Court will issue the notice of certification and send a copy of the certification to the law school and the State Bar.
(C) Permitted Activities and Requirements of a Certified Limited Practice Graduate; Presence of Supervising Attorney or Designated Attorney.
(i) Court and Administrative Tribunal Appearances. A certified limited practice graduate may appear in any court or before any administrative tribunal in this state on behalf of any person who has consented in writing to that appearance if the supervising attorney has also provided written approval of that appearance. In each case, the written consent and approval must be filed in the case and be brought to the attention of the judge or the presiding officer. In addition, the certified limited practice graduate must advise the court at the law graduate's first appearance in the case of the certification to appear as a law graduate pursuant to these rules.
(ii) Presence of Supervising Attorney or Designated Attorney. The supervising attorney or designated attorney must physically appear with the certified limited practice graduate in the following circumstances:
(a) in any civil case in justice, municipal, and magistrate court unless the person on whose behalf the appearance is being made consents to the absence of the supervising attorney or designated attorney;
(b) in any civil case in superior court or before any administrative tribunal;
(c) in any criminal case on behalf of the state or any political subdivision of the state if the case is in the superior court or any appellate court;
(d) in any felony criminal defense case in justice, municipal, and magistrate court, and in any criminal case in superior court;
(e) in any misdemeanor criminal defense case, unless the person on whose behalf the appearance is being made consents to the absence of the supervising attorney or designated attorney; however, the supervising attorney or designated attorney must be present during trial; and
(f) in oral argument in the Arizona Supreme Court and the Arizona Court of Appeals, but the graduate may appear only with the specific approval of the court for that case.
(g) Notwithstanding anything in this section, the court may at any time and in any proceeding require the supervising attorney or designated attorney to be present.
(iii) Other Client Representation Activities. Under the general supervision of the supervising attorney or designated attorney, but outside his or her presence, a certified limited practice graduate may:
(a) prepare pleadings and other documents to be filed in any matter in which the certified limited practice graduate is eligible to appear, but such pleadings or documents must be signed by the supervising attorney or designated attorney if filed in the superior court, the Arizona Court of Appeals, the Arizona Supreme Court, or with an administrative tribunal;
(b) prepare briefs, motions, and other documents to be filed in the appellate courts of this state, but such documents must be signed by the supervising attorney or designated attorney;
(c) assist indigent inmates of correctional institutions or other persons who request assistance in preparing applications and supporting documents for post-conviction relief, except when the assignment of counsel in the matter is required by any constitutional provision, statute, or rule of this Court. If there is a lawyer of record in the matter, all assistance must be supervised by the lawyer of record, and all documents submitted to the court on behalf of such a client must be signed by the lawyer of record and the supervising attorney or designated attorney;
(d) give legal advice and perform other appropriate legal services, but only after consultation with and consent of the supervising attorney or designated attorney.
(iv) Other Non-Representation Activities. In connection with a volunteer legal services program and at the invitation and request of a court or tribunal, a certified limited practice graduate may appear as a law graduate volunteer to assist the proceeding in any civil matter, provided:
(a) the assistance is given to an otherwise unrepresented individual in an uncontested proceeding without entering an appearance as counsel;
(b) the certified limited practice graduate's supervising attorney is associated with the particular volunteer legal services program;
(c) the certified limited practice graduate has received the written consent and acknowledgment of non-representation by the unrepresented person, which written consent shall be obtained by the volunteer legal services program and brought to the attention of the court.
(D) Use of the Title “Certified Limited Practice Graduate.”
(i) A certified limited practice graduate may use the title “Certified Limited Practice Graduate” only in connection with activities performed pursuant to these rules.
(ii) When a certified limited practice graduate's name is printed or signature is included on written materials prepared pursuant to these rules, the written material must also state that the law graduate is a certified limited practice graduate pursuant to these rules, state the name of the supervising attorney, be signed by the supervising attorney or designated attorney if required by these rules, and otherwise comply with these rules.
(iii) A certified limited practice graduate shall not hold himself or herself out as an active member of the State Bar.
(iv) Nothing in these rules prohibits a certified limited practice graduate from describing his or her participation in this program on a resume or letter seeking employment as long as the description is not false, deceptive, or misleading.
(E) Duties of the Supervising Attorney. The supervising attorney must:
(i) supervise and assume professional responsibility for any work performed by the certified limited practice graduate while under his or her supervision;
(ii) assist and counsel the certified limited practice graduate in the activities authorized by these rules and review such activities with the certified limited practice graduate, all to the extent required for the proper training of the certified limited practice graduate and the protection of the client;
(iii) read and approve all pleadings, briefs, or other documents prepared by the certified limited practice graduate as required by these rules; sign any pleading, brief, or other document if required by these rules, and read and approve any document prepared by the certified limited practice graduate for execution by any person. If a designated attorney performs this duty in place of the supervising attorney, the supervising attorney must still provide general supervision;
(iv) assume professional responsibility for all pleadings, briefs, or other documents filed in any court or with an administrative tribunal by the certified limited practice graduate under his or her supervision;
(v) promptly notify the clerk of the Court in writing if his or her supervision of the certified limited graduate has or will cease before the date indicated on the certification.
(F) Substitution of the Supervising Attorney. If the supervising attorney becomes unable to supervise the certified limited practice graduate during the period of certification, the certified limited practice graduate must designate a substitute supervising attorney by submitting a form provided by the clerk of the Court, to the clerk, together with any designated fee. The substitute supervising attorney must sign the form and specify the period during which he or she will be responsible for supervising the certified limited practice graduate. The substitute supervising attorney must also attest that he or she has read and will abide by the Arizona Rules of Professional Conduct and will comply with the requirements of these rules.
(G) Duration and Termination of Certification. Certification of a certified limited practice graduate shall begin on the date specified in the certification and shall remain in effect for the period specified in the certification unless sooner terminated by the earliest of the following occurrences:
(i) The certified limited practice graduate requests termination of the certification in writing or notifies the clerk of the Court that he or she no longer meets the requirements of these rules. In such event, the clerk shall send written notice to the law graduate, the law graduate's supervising attorney, the dean, and the State Bar.
(ii) The supervising attorney notifies the clerk of the Court in writing that his or her supervision of the certified limited practice graduate will cease before the date specified in the certification. In such event, the clerk shall send written notice to the law graduate, the law graduate's supervising attorney, the dean, and the State Bar.
(iii) The dean at any time, with or without cause and notice or hearing, files notice of the termination with the clerk of the Court.
(iv) The Court at any time, with or without cause or notice or hearing, files notice of the termination with the clerk of the Court.
(v) One or more of the requirements for certification no longer exists or the certified limited practice graduate or supervising attorney fails to comply fully with any provision of these rules or any other pertinent statute, rule or regulation. In the event of termination, the clerk of the Court shall send written notice to the law graduate, the law graduate's supervising attorney, the dean, and the State Bar.
(vi) The law graduate fails to take the first Arizona uniform bar examination or the first uniform bar examination offered in another jurisdiction for which the law graduate is eligible.
(vii) The law graduate fails to pass the first Arizona uniform bar examination for which the law graduate is eligible or fails to obtain a score equal to or greater than the acceptable score established by the Committee on Examinations on the first uniform bar examination offered in another jurisdiction for which the law graduate is eligible.
(viii) Thirty days after the Court notifies the law graduate that he or she has been approved for admission to practice law and is eligible to take the oath of admission.
(ix) The Committee on Character and Fitness does not recommend to the Court that the law graduate be admitted to practice law.
(x) The law graduate is denied admission to practice law by the Court.
(xi) The law graduate is admitted to practice law.
(xii) Expiration of 12 months from the date of the law graduate's graduation from law school unless, before expiration of the 12-month period and for good cause shown by the law graduate, the Court extends the 12-month period.
(d) Military Spouse Certification.
(1) General Statement and Eligibility. Due to the unique mobility requirements of military families who support the defense of our nation, the Court may certify an attorney who is a spouse of a member of the United States Uniformed Services (“service member”) stationed within Arizona to practice law under the terms of this rule. An attorney (“applicant”) who is not a member of the State Bar of Arizona who meets the requirements of (A) through (J) of this paragraph (d)(1) may, upon verified application, be admitted to the temporary practice of law in this jurisdiction. The applicant must:
(A) establish that the applicant is currently an active member in good standing in at least one jurisdiction where admitted in the United States or territory and is a member in good standing in all jurisdictions where admitted;
(B) hold a juris doctor degree from a law school provisionally or fully approved by the Council of the Section of Legal Education and Admissions of the American Bar Association at the time of graduation;
(C) establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any other jurisdiction;
(D) submit character investigation information, in a manner established by the Court, including all required supporting documents, and establish that the applicant possesses the character and fitness to practice law in this jurisdiction;
(E) submit evidence that the applicant is a dependent spouse of a service member of the United States Uniformed Services; that the service member is on full-time, active duty pursuant to military orders in Arizona; and that the applicant is residing in Arizona due to the service member's full-time, active duty pursuant to military orders in this state;
(F) submit evidence of achieving the passing score established in this jurisdiction for the Multistate Professional Responsibility Examination;
(G) submit evidence that the applicant has successfully completed the course on Arizona law described in Rule 34(j);
(H) not have failed the Arizona bar examination or failed to achieve the Arizona scaled score on the uniform bar examination administered within any jurisdiction within five years of the date of filing an application under this rule;
(I) not have been previously denied admission to the practice of law in Arizona; and
(J) agree to advise all clients, prior to providing representation or services, that the attorney is temporarily admitted under the military spouse exception.
(2) Filing Requirements and Certification.
(A) Application. An applicant must file a verified application for military spouse certification with the Committee on Character and Fitness on a form supplied by the Committee. The application must include the documentation necessary to establish the requirements of (A) through (J) of this rule. At the time of submitting the verified application, the applicant must pay an application fee as set by the Court.
(B) Certification by Court. If the Committee determines that the applicant has met the requirements of this rule and possesses the character and fitness required of all applicants for admission, it shall recommend to the Court the applicant's certification to practice law. The attorney may not act as counsel for a client until certified under this rule by order of the Court. A copy of the order certifying the attorney for temporary admission will be sent by the Clerk to the Chief Bar Counsel.
(C) Duration and Renewal. A temporary admission will be valid for one year from the date of issuance, unless terminated earlier pursuant to paragraph (5). An attorney admitted under this rule may annually renew a temporary admission by filing a written request for renewal and paying a registration fee.
(3) Scope of Authority. Except as provided in this rule, an attorney temporarily admitted under this rule shall be entitled to all rights and privileges and subject to all duties obligations and responsibilities otherwise applicable to active members of the State Bar for the period of authorized practice.
(A) Association of Local Counsel. No attorney temporarily admitted under this rule may appear before any court, board, or administrative agency of this state unless the attorney has associated in that cause an attorney (local counsel) who is a member in good standing of the State Bar of Arizona. The name of local counsel shall appear on all notices, orders, pleadings, and other documents filed in the cause. Local counsel may be required to personally appear and participate in pretrial conferences, hearings, trials, or other proceedings conducted before the court, board, or administrative agency when the court, board, or administrative agency deems such appearance and participation appropriate. Local counsel associating with an attorney temporarily admitted under this rule in a particular cause shall accept joint responsibility with that attorney to the client, to opposing parties and counsel, and to court, board, or administrative agency in that particular cause.
(B) Supervision of local counsel. If the attorney temporarily admitted under this rule has not engaged in the active practice of law for at least five years cumulatively, the attorney shall be supervised by local counsel as defined above, who will be responsible to the court, the bar, the Court, and the client for all services the temporarily admitted attorney provides pursuant to this rule.
(4) Discipline and Disability Jurisdiction. An attorney temporarily admitted under this rule shall be subject to the jurisdiction of the courts and agencies of the State of Arizona and to the State Bar of Arizona with respect to the laws and rules of this state governing the conduct and discipline of attorneys to the same extent as an active member of the state bar.
(5) Termination of Certification.
(A) Events triggering termination. A temporary admission shall terminate, and an attorney shall cease the practice of law in Arizona pursuant to that admission, unless otherwise authorized by these rules, 30 days after any of the following events:
(i) the service member's separation or retirement from the United States Uniformed Services;
(ii) the service member's permanent relocation to another jurisdiction, unless the service member's immediately subsequent assignment specifies that the Department of Defense does not authorize dependents to accompany the service member, in which case the temporary attorney may continue to practice law in Arizona as provided in this rule;
(iii) the attorney's permanent relocation outside the state of Arizona for reasons other than the service member's relocation;
(iv) the attorney's ceasing to be a dependent as defined by the Department of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Department of Homeland Security;
(v) the attorney's failure to meet the annual licensing requirements for an active member of the State Bar of Arizona;
(vi) the attorney's request;
(vii) the attorney's admission to practice law in Arizona under any other admissions rule;
(viii) the attorney's failure to achieve the Arizona scaled score on the uniform bar examination administered within any jurisdiction;
(ix) the attorney's denial of admission to the practice of law in Arizona for violating ethical rules; or
(x) notice by the Court at any time, provided that the Clerk of the Court shall mail a copy of the notice of termination to the attorney and associated local counsel.
(B) Notice of termination to State Bar. An attorney whose temporary admission is terminated shall provide written notice to the State Bar of Arizona within thirty (30) days of the terminating event.
(C) Notice to courts and clients. At least sixty (60) days before termination of the temporary admission, or as soon as possible under the circumstances, the attorney shall:
(i) file in each matter pending before any court or tribunal a notice that the attorney will no longer be involved in the case; and
(ii) provide written notice to all clients receiving representation from the attorney that the attorney will no longer represent them.
(6) Registration, Fees & CLE. An attorney certified under this rule who seeks to renew the certification shall be required to pay a registration fee. No later than six months following the attorney's temporary admission, the attorney shall certify to the Court completion of at least fifteen hours of continuing legal education on Arizona practice, procedure, and ethics. The attorney shall also comply with Rule 45 and, on or before September 15 of each year, certify completion of at least fifteen (15) hours of such continuing legal education during each year for which a temporary admission is renewed.
(7) Registration Number. An attorney certified under this rule shall be assigned a registration number, which shall be used to identify the attorney's registration status in Arizona as required by applicable rules of procedure.
(8) Subsequent Attorney Admission. If an attorney certified under this rule is subsequently admitted to the practice of law in Arizona, that attorney's military spouse certification will be superseded by the Arizona license to practice law.

Credits

Added Dec. 12, 2019, effective May 1, 2020. Amended Jan. 7, 2020, effective May 1, 2020; Aug. 27, 2020, effective Jan. 1, 2021.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 39, AZ ST S CT Rule 39
State Court Rules are current with amendments received through 10/15/21. The Code of Judicial Administration is current with amendments received through 10/15/21.
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