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Rule 62. Summary Suspension by the Board of Governors of the State Bar

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
V. Regulation of the Practice of Law
I. Sanctions
A.R.S. Sup.Ct.Rules, Rule 62
Rule 62. Summary Suspension by the Board of Governors of the State Bar
Currentness
(a) Grounds. A member may be summarily suspended from the practice of law upon administrative grounds as provided in these rules, including the following:
1. Failure to Pay Assessment; Restitution. A member who fails to pay any order of assessment or restitution may be summarily suspended, provided that a notice by certified, return receipt mail of such non-compliance shall have been sent to the member, mailed to the member's last address of record in the state bar office at least thirty (30) days prior to such suspension.
2. Failure to Pay Annual Membership Fee; Delinquent Fee. A member who fails to pay a fee within two (2) months after written notice of delinquency, pursuant to Rule 32, or fails to sign the annual dues statement as required by Rule 43(c) may be summarily suspended.
3. Failure to Complete Mandatory Continuing Legal Education Requirements. A member who fails to comply with continuing legal education requirements, pursuant to Rule 45, may be summarily suspended, provided that a notice by certified, return receipt mail of such non-compliance has been sent to the member, mailed to the member's last address of record in the state bar office at least thirty (30) days prior to such suspension.
4. Failure to Comply with Trust Account Requirements. A member who fails to comply with the requirement pertaining to trust accounts, pursuant to Rule 43, may be summarily suspended, provided that a notice by certified, return receipt mail of such non-compliance has been sent to the member, mailed to the member's last address of record in the state bar office at least thirty (30) days prior to such suspension.
5. Failure of New Admittee to Complete Professionalism Course. A new admittee who fails to complete the state bar course on professionalism, or an equivalent course on the principles of professionalism approved or licensed by the Board of Governors of the State Bar of Arizona, as required by Rule 34(h)(1), may be summarily suspended, provided that a notice by certified, return receipt mail of such noncompliance has been sent to the member, mailed to the member's last address of record in the state bar office at least thirty (30) days prior to such suspension.
(b) Procedure. Bar counsel shall provide a request for summary suspension to the board stating the grounds for and referring to the rule authorizing the order. A copy of the request shall be served on the member by certified mail, return receipt. One request may relate to more than one member. Within ten (10) days of service of the request upon the member, the member may file with the board a verified response showing good cause why the member should not be so suspended. The board may permit the member to present oral argument and shall grant or deny the state bar's request. Upon satisfaction that the state bar has shown a prima facie case under the rule referred to, the board shall enter an order of summary suspension, which bar counsel shall mail to the respondent within ten (10) days of entry of the order.
(c) Appeal. A lawyer may request review of the lawyer's suspension before the board by filing an appeal following the procedures set forth in Rule 59, except that all notices and documents will be filed directly with the clerk of the court.
(d) Effect of Order. An order of summary suspension issued pursuant to this rule shall have the same effect as an order of interim suspension issued by the court, as set forth in Rule 61(d).

Credits

Added June 9, 2003, effective Dec. 1, 2003. Amended June 9, 2005, effective Dec. 1, 2005; June 30, 2010, effective Jan. 1, 2011; Aug. 28, 2018, effective Jan. 1, 2019.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 62, AZ ST S CT Rule 62
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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