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Rule 80. Rules of Construction and Access to Information

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
VI. Unauthorized Practice of Law (Refs & Annos)
A.R.S. Sup.Ct.Rules, Rule 80
Rule 80. Rules of Construction and Access to Information
(a) Rules of Construction.
1. Related Pending Litigation. The processing of an unauthorized practice of law matter shall not be delayed because of substantial similarity to the material allegations of pending criminal or civil litigation, unless the superior court, in its discretion, authorizes a stay for good cause shown.
2. Non-abatement. Unwillingness or failure of the complainant to cooperate with the state bar, withdrawal of a charge by a complainant, settlement, compromise between the complainant and the respondent, or restitution by the respondent shall not abate the processing of any charge or complaint.
3. Effect of Time Limitations. Except as is otherwise provided in these rules, time is directory and not jurisdictional. Failure to observe prescribed time intervals may result in sanctions against the violator, but does not justify abatement of any unauthorized practice of law investigation or proceeding.
4. Validity of Proceedings. No action taken on any complaint shall be subject to challenge because of defective or insufficient service if, in fact, the respondent had ample notice of the unauthorized practice of law proceedings and full opportunity to be heard. No findings or recommendations made in any proceeding shall be invalidated because of an error in pleading or procedure, or upon any other ground, unless upon review it appears from the entire record, including the evidence, that the error has resulted or will result in a miscarriage of justice.
5. Effect of Dismissal and Prior Sanctions.
A. A dismissal by unauthorized practice of law counsel based upon a determination that no probable cause exists shall not preclude further action based upon the same facts.
B. A dismissal or imposition of sanctions by the superior court after an unauthorized practice of law proceeding or the acceptance by respondent of a recommendation of sanctions by unauthorized practice of law counsel, shall preclude further proceedings based upon the same facts.
C. Prior sanctions imposed on respondent, with or without his or her consent, may be considered by the superior court in recommending or imposing sanctions.
6. Immunity from Civil Suit. Communications to the court, state bar, bar counsel, unauthorized practice of law counsel, volunteer bar counsel, or investigators relating to testimony given in the proceedings shall be absolutely privileged as provided by law, and no civil action predicated thereon may be instituted against any complainant or witness. Board members, bar counsel, unauthorized practice of law counsel, volunteer bar counsel, investigators, and state bar and court staff shall be immune from suit as provided by law for any conduct in the course of their official duties.
(b) Access to Information.
1. Availability of Information. Except as otherwise provided in these rules, the state bar file maintained by the state bar, the record maintained by the superior court clerk, and all proceedings shall be open to the public.
2. Exceptions. Notwithstanding other provisions of these rules, the following do not become public:
A. work product and working files of state bar staff, bar counsel, unauthorized practice of law counsel, volunteer bar counsel, investigators, a panelist, or a court or court staff;
B. deliberations upon decisions to be rendered by unauthorized practice of law counsel, a panelist, or any court;
C. information with respect to which a protective order has been issued pursuant to these rules; or
D. records of telephonic requests for information received by the state bar Attorney Consumer Assistance Program.
3. Sealing the Record/Protective Orders. Upon motion by a party or by a person from whom the information or evidence was obtained, and for good cause shown, the superior court or this court may order that a portion of the record and/or state bar file be sealed and take other measures to assure the confidentiality of the sealed information. Material sealed shall remain confidential notwithstanding the remaining record in the matter is made public. Sealed material shall be opened and viewed only by an order of a court for use by such body and the parties in proceedings then pending before it, and otherwise only upon notice to and an opportunity to be heard by the parties and the witness or other person furnishing the information.

Credits

Added Jan. 15, 2003, effective July 1, 2003.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 80, AZ ST S CT Rule 80
Current with amendments received through 08/15/2020.
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