Changes proposed by the State Bar of Arizona

Task Force on the Future of the Profession. 

March, 2001  

RULES OF THE SUPREME COURT OF ARIZONA 

V. ADMISSION AND DISCIPLINE OF ATTORNEYS

A.    ORGANZATION OF STATE BAR

V.  REGULATION OF THE PRACTICE OF LAW

A. SUPREME COURT JURISDICTION OVER THE PRACTICE OF LAW

RULE 31  REGULATION OF THE PRACTICE OF LAW

(a)               Organization of State Bar of Arizona.
 1. Establishment of state bar. In order to advance the administration of justice according to law; to aid the courts in carrying on the administration of justice; to provide for and regulate the admission of persons seeking to engage in the practice of law; to provide for the regulation and discipline of persons engaged in the practice of law; to foster and maintain on the part of those engaged in the practice of law high ideals of integrity, learning, competence and public service, and high standards of conduct; to provide a forum for the discussion of subjects pertaining to the practice of law, the science of jurisprudence, and law reform; to carry on a continuing program of legal research in technical fields of substantive law, practice and procedure, and to make reports and recommendations thereon; to encourage practices that will advance and improve the honor and dignity of the legal profession; and to the end that the responsibility of the legal profession and the individual members thereof may be more effectively and efficiently discharged in the public interest, and acting within the powers vested in it by the constitution of this state and its inherent power over members of the legal profession as officers of the court, the Supreme Court of Arizona does hereby perpetuate, create and continue under the direction and control of this court an organization known as the State Bar of Arizona, such organization which may be a non-profit corporation under Chapter 5 of Title 10 of the Arizona Revised Statutes, and all persons now or hereafter licensed in this state to engage in the practice of law shall be members of the State Bar of Arizona in accordance with the rules of this court. The State Bar of Arizona may sue and be sued, may enter into contracts and acquire, hold, encumber, dispose of and deal in and with real and personal property, and promote and further the aims as set forth herein and hereinafter in these rules.
2. Precedence of rules. The qualifications of attorneys at law for admission to practice before the courts of this state, the duties, obligations and certain of the grounds for discipline of members, and the method of establishing such grounds, subject to the right of this court to discipline a member when it is satisfied that such member is not mentally or morally qualified to practice law even though none of the specific grounds for discipline set forth in these rules exist, shall be as prescribed in these rules pertaining to admission and discipline of attorneys.

(a) Supreme Court Jurisdiction Over the Practice of Law

1.Jurisdiction.  Any person or entity engaged in the practice of law or unauthorized practice of law in this state, as defined by these rules, is subject to this court’s jurisdiction.

2.Definition: Practice of Law.  The “practice of law” means providing legal advice or services to or for another by:

(A)Preparing any document in any medium intended to affect or secure legal rights for a specific person or entity;

(B)Preparing or expressing legal opinions;

(C)Representing another in a judicial, quasi-judicial, or administrative proceeding, or other formal dispute resolution process such as arbitrations and mediations;

(D)Preparing any document through any medium for filing in any court, administrative agency or tribunal for a specific person or entity; or

(E)Negotiating legal rights or responsibilities for a specific person or entity.

3.Definition: Unauthorized Practice of Law.  “Unauthorized practice of law” includes but is not limited to:

(A)Engaging in the practice of law by persons or entities not authorized to practice pursuant to paragraphs (b) or (c) or specially admitted to practice pursuant to Rule 33(d); or

(B)Using the designations “lawyer,” “attorney at law,” “counselor at law,” “law,” “law office,” “JD,” “Esq.,” or other equivalent words by any person or entity who is not authorized to practice law in this state pursuant to paragraphs (b) or (c) or specially admitted to practice pursuant to Rule 33(d), the use of  which is reasonably likely to induce others to believe that the person or entity is authorized to engage in the practice of law in this state .

3.(b) Privilege Authority to Practice.Except as hereinafter provided in subsection 4 of this section (a)(c), no person shall practice law in this state or hold himself out as one who may practice law in this state unless he is an active member of the state bar, and no member shall practice law in this state or hold himself out as one who may practice law in this state, while suspended, disbarred, or on disability inactive status.
4.(c) Exceptions. Notwithstanding the provisions of subsection 3 of this section (a b):
A.1. In any proceeding before the Department of Economic Security, including a hearing officer, an Appeal Tribunal or the Appeals Board, an individual party (either claimant or opposing party) may represent himself or be represented by a duly authorized agent who is not charging a fee for the representation; an employer, including a corporate employer, may represent itself through an officer or employee; or a duly authorized agent who is charging a fee may represent any party, providing that an attorney authorized to practice law in the State of Arizona shall be responsible for and supervise such agent.
B.2. An employee may represent himself or designate a representative, not necessarily an attorney, before any board hearing or any quasi-judicial hearing dealing with personnel matters, providing that no fee may be charged for any services rendered in connection with such hearing by any such designated representative not an attorney admitted to practice.
C.3. An officer of a corporation who is not an active member of the state bar may represent the corporation before a justice court or police court, provided that: the corporation has specifically authorized such officer to represent it before such courts; such representation is not the officer's primary duty to the corporation, but secondary or incidental to other duties relating to the management or operation of the corporation; and the corporation was an original party to or a first assignee of a conditional sales contract, conveyance, transaction or occurrence which gave rise to the cause of action in such court, and the assignment was not made for a collection purpose.
D. 4. A person who is not an active member of the State Bar may represent a party in small claims procedures in the Arizona Tax Court, as provided in Title 12, Chapter 1, Article 4 of the Arizona Revised Statutes.
E. 5.  In any proceeding in matters under Title 23, Chapter 2, Article 10 of the Arizona Revised Statutes, before any administrative law judge of the Industrial Commission of Arizona or review board of the Arizona Division of Occupational Safety and Health or any successor agency, a corporate employer may be represented by an officer or other duly authorized agent of the corporation who is not charging a fee for the representation.
F. 6. An ambulance service may be represented by a corporate officer or employee who has been specifically authorized by the ambulance service to represent it in an administrative hearing or rehearing before the Arizona Department of Health Services as provided in Title 36, Chapter 21.1, Article 2 of the Arizona Revised Statutes.
G. 7. A person who is not an active member of the state bar may represent a corporation in small claims procedures, so long as such person is a full-time officer or authorized full-time employee of the corporation who is not charging a fee for the representation.
H.8. In any administrative appeal proceeding of the Department of Health Services, for behavioral health services, pursuant to A.R.S. § 36-3413 (effective July 1, 1995), a party may represent himself or be represented by a duly authorized agent who is not charging a fee for the representation.
I. 9. An officer or employee of a corporation or unincorporated association who is not an active member of the State Bar may represent the corporation or association before the superior court (including proceedings before the master appointed according to A.R.S. § 45-255) in the general stream adjudication proceedings conducted under Arizona Revised Statutes Title 45, Chapter 1, Article 9, provided that: the corporation or association has specifically authorized such officer or employee to represent it in this adjudication; such representation is not the officer's or employee's primary duty to the corporation but secondary or incidental to other duties related to the management or operation of the corporation or association; and the officer or employee is not receiving separate or additional compensation (other than reimbursement for costs) for such representation. Notwithstanding the foregoing provision, the court may require the substitution of counsel whenever it determines that lay representation is interfering with the orderly progress of the litigation or imposing undue burdens on the other litigants. In addition, the court may assess an appropriate sanction against any party or attorney who has engaged in unreasonable, groundless, abusive or obstructionist conduct.
J. 10. An officer or full-time, permanent employee of a corporation who is not an active member of the state bar may represent the corporation before the Arizona department of environmental quality in an administrative proceeding authorized under Arizona Revised Statutes, Title 49, provided that: the corporation has specifically authorized such officer or employee to represent it in the particular administrative hearing; such representation is not the officer's or employee's primary duty to the corporation but secondary or incidental to other duties related to the management or operation of the corporation; the officer or employee is not receiving separate or additional compensation (other than reimbursement for costs) for such representation; and the corporation has been provided with a timely and appropriate written general warning relating to the potential effects of the proceeding on the corporation's and its owners' legal rights.
K. 11. Unless otherwise specifically provided for in this rule, in proceedings before the Office of Administrative Hearings, a legal entity may be represented by a full-time officer, partner, member or manager of a limited liability company, or employee, provided that: the legal entity has specifically authorized such person to represent it in the particular matter; such representation is not the person's primary duty to the legal entity, but secondary or incidental to other duties relating to the management or operation of the legal entity; and the person is not receiving separate or additional compensation (other than reimbursement for costs) for such representation.
L. 12. In any administrative appeal proceeding relating to the Arizona Health Care Cost Containment System, an individual may appear on his or her own behalf or be represented by a duly authorized agent who is not charging a fee for the representation.
M. 13. In any administrative proceeding before the Arizona Department of Revenue or before the Office of Administrative Hearings relating to the Arizona Department of Revenue, a taxpayer may be represented by (1) a certified public accountant, (2) a federally authorized tax practitioner, as that term is defined in A.R.S. § 42-2069(D)(1), or (3) in matters in which the dispute, including tax, interest and penalties, is less than $5,000.00 (five thousand dollars), any duly appointed representative. A legal entity, including the Department, may be represented by a full-time officer, partner, member or manager of a limited liability company, or employee, provided that: the legal entity has specifically authorized such person to represent it in the particular matter; such representation is not the person's primary duty to the legal entity, but secondary or incidental to other duties relating to the management or operation of the legal entity; and the person is not receiving separate or additional compensation (other than reimbursement for costs) for such representation.
N. 14.  If the amount in any single dispute before the State Board of Tax Appeals is less than twenty-five thousand dollars, a taxpayer may be represented in that dispute before the board by a certified public accountant or by a federally authorized tax practitioner, as that term is defined in A.R.S. § 42-2069(D)(1).

15.Nothing in this rule shall affect the ability of nonlawyer assistants to act under the supervision of a lawyer in compliance with Rule 5.3 of the rules of professional conduct.

16.Nothing in these rules shall prohibit the supreme court, court of appeals, or superior courts in this state from creating and distributing form documents for use in Arizona courts.

17.Nothing in these rules shall prohibit the preparation of documents incidental to a regular course of business when the documents are for the use of the business and not made available to third parties.

18.Nothing in these rules shall prohibit the preparation of tax returns.

 

16.   (b) Definitions. Unless the context otherwise requires, the following definitions shall apply to the interpretation of these rules relating to admission, discipline, disability and reinstatement of lawyers:
1. "Board" means Board of Governors of the State Bar of Arizona.
2. "Commission" means Disciplinary Commission of the Supreme Court of Arizona.
3. "Court" means Supreme Court of Arizona.
4. "Discipline" means those sanctions and limitations on members and the practice of law provided in these rules. Discipline is distinct from disability inactive status, but the term may include that status where the context so requires.
5. "Discipline proceeding" and "disability proceeding" mean any action involving a respondent pursuant to the rules relating thereto. Further definitions applying to such proceedings are stated in the rule on disciplinary jurisdiction.
6. "Member" means member of the state bar, the classifications of which shall be as set forth in this rule.
7. "Respondent" means a member or non-member against whom a discipline or disability proceeding has been commenced.
8. "State bar" means the State Bar of Arizona created by rule of this court.
9. "Non-member" means a person licensed to practice law in a state or possession of the United States or a non-lawyer permitted to appear in such capacity, but who is not a member of the state bar.
(c) Membership.
1. Classes of Members. Members of the state bar shall be divided into five classes: active, inactive, retired, suspended, and judicial. A disbarred person is not a member.
2. Active Members. Every person licensed to practice law in this state is an active member except for persons who are inactive, retired, suspended, or judicial members.
3. Admission and Fees. All persons admitted to practice in accordance with the rules of this court shall, by that fact, become active members of the state bar. Upon admission to the state bar, the applicant shall pay a fee as required by the supreme court, which shall include the annual membership fee for active members of the state bar. If an applicant is admitted to the state bar on or after July 1 in any year, the annual membership fee payable upon admission shall be reduced by one half. Upon admission to the state bar, an applicant shall also, in open court, take and subscribe an oath to support the constitution of the United States and the constitution and laws of the State of Arizona in the form provided by the supreme court. All members shall provide to the state bar office a current street address, telephone number, any other post office address the member may use, and the name and address of the bar of any other jurisdiction to which he may be admitted. Any change of address shall be reported to the state bar within thirty days of its effective date. The state bar office shall forward to the court, on a quarterly basis, a current list of membership of the bar.
4. Inactive Members; Retired Members. Inactive members shall be those who have, as provided in these rules, been transferred to inactive status. An active member who has retired from or is not engaged in practice in Arizona may be transferred to inactive status upon written request to the executive director. Inactive members shall not practice law in Arizona, or hold office or vote. On application and payment of the membership fee and any delinquent fees that may be due under Rule 45(d), they may become active members. Inactive members shall have other privileges, not inconsistent with these rules, as the Board may provide. Incapacitated members may be transferred to disability inactive status and returned to active status as provided in these rules. Retired members shall be those who have, as provided in these rules, been transferred to retired status. A retired member who is not engaged in practice in Arizona may be transferred to retired status upon written request to the executive director. Retired members shall not practice law in Arizona, or hold State Bar office or vote in State Bar elections. On application and payment of the membership fee and any delinquent fees that may be due under Rule 45(d), they may become active members. Retired members shall have other privileges, not inconsistent with these rules, as the Board may provide. If the retired member has not attained the age of 70, a nominal fee, if any, may be set by the Board. Incapacitated members may be transferred to disability inactive status and return to active status as provided in these rules.
5. Judicial Members. Judicial members shall be justices of the Supreme Court of Arizona, judges of the Court of Appeals and Superior Court of Arizona and of the United States District Court for the District of Arizona. Judicial membership status shall likewise be accorded to members of the state bar who are full-time commissioners, city or municipal court judges, judges pro tempore or justices of the peace in the state of Arizona not engaged in the practice of law, or justices or judges of other courts of record of the United States or of the several states. Judicial members shall hold such classification only so long as they hold the offices or occupations entitling them to such membership. Judicial members shall be entitled to vote but shall not be entitled to hold office. Judicial members shall have such privileges, not inconsistent with the rules of this court, as the board provides. A judicial member who retires or resigns from the bench shall become an active member subject to all provisions of these rules.
6. Membership Fees. An annual membership fee for active members, inactive members and judicial members shall be established by the board with the consent of this court and shall be payable on or before February 1 of each year. The annual fee shall be waived for members on disability inactive status pursuant to rule 59. Upon application, the Board of Governors may waive the dues of any other member for reasons of personal hardship.
7. Computation of fee. The annual membership fee shall be composed of an amount for the operation of the activities of the state bar and an amount for the funding of the Clients Security Fund, each of which amounts shall be stated and accounted for separately.
8. Allocation of fee. Upon payment of the membership fee each member shall receive a certificate issued by direction of the board evidencing payment. All fees shall be paid into the treasury of the state bar and, when so paid, shall become part of its funds, except that portion of the fees representing the amount for the funding of the Clients Security Fund shall be paid into the trust established for the administration of the Clients Security Fund.
9. Delinquent Fees. A fee not paid by the time it becomes due shall be deemed delinquent. An annual delinquency fee for active members, inactive members, retired members and judicial members shall be established by the board with the consent of this court and shall be paid in addition to the annual membership fee if such fee is not paid on or before February 1. A member who fails to pay a fee within two months after written notice of delinquency shall be summarily suspended by the board from membership to the state bar, upon motion of the state bar pursuant to rule 52(d), but may be reinstated in accordance with these rules.
10. Resignation. Members in good standing who wish to resign from membership in the state bar may do so, and such resignation shall become effective when filed in the office of the state bar, accepted by the board, and approved by this court. After the resignation is approved by this court, such member shall be known as a "resigned member in good standing."
A. Such resignation shall not be a bar to institution of subsequent discipline proceedings for any conduct of the resigned member occurring prior to the resignation. In the event such resigned member thereafter is disbarred, suspended or censured, the resigned member's status shall be changed from "resigned member in good standing" to that of a person so disciplined. Such resignation shall not be accepted if there is a disciplinary charge or complaint pending against the member.
B. Resigned members in good standing may be reinstated to membership in the same manner and on the same terms as members suspended for nonpayment of membership fees.
C. A member wishing to resign shall apply on a form approved by the board and shall furnish such information as is required upon such form and shall make such allegations, under oath, as are required on such form.
(d) Powers of Board. The state bar shall be governed by the Board of Governors, which shall have the powers and duties prescribed by this court. The board shall:
1. Fix and collect, as provided in these rules, fees approved by the supreme court, which shall be paid into the treasury of the state bar.
2. Promote and aid in the advancement of the science of jurisprudence and improvement of the administration of justice.
3. Make appropriations and disbursements from funds of the state bar to pay necessary expenses for carrying out its functions.
4. Formulate and declare rules and regulations not inconsistent with these rules, necessary or expedient to enforce these rules and by rule fix the time and place of annual meetings of the state bar and the manner of calling special meetings thereof, and determine what number shall constitute a quorum of the state bar.
5. Appoint such committees, officers and employees it deems necessary or proper and prescribe their duties. Compensation of employees shall be as determined by the board.
6. Appoint from time to time one or more executive committees composed of members of the board and vest in the executive committees any powers and duties granted to the board as the board may determine.
7. Prepare an annual statement showing receipts and expenditures of the state bar for the twelve preceding months. The statement shall be promptly certified by the treasurer and a certified public accountant, and transmitted to the chief justice of this court.
8. Maintain the Clients Security Fund authorized by the membership of the state bar April 9, 1960, and established by the Declaration of Trust of January 7, 1961, as amended November 26, 1971, May 31, 1974, and May 6, 1981, and as it may be further amended from time to time.
9. Have the power to form a non-profit corporation under Chapter 5 of Title 10 of the Arizona Revised Statutes upon a majority vote of the Board of Governors.
10. Implement and administer mandatory continuing legal education in accordance with rule 45.
(e) Composition of Board.
1. For the purposes of these rules the state is divided into eight bar districts, numbered one through eight as follows:
A. Mohave, Navajo, Coconino and Apache counties shall be district 1.
B. Yavapai county shall be district 2.
C. Gila, Graham and Greenlee counties shall be district 3.
D. Cochise county shall be district 4.
E. Pima and Santa Cruz counties shall be district 5.
F. Maricopa county shall be district 6.
G. La Paz and Yuma counties shall be district 7.
H. Pinal county shall be district 8.
2. There shall be a Board of Governors of the state bar which shall consist of twenty-six (26) members, all authorized to vote. Four (4) members of the Board of Governors shall be designated as "public member." The public members shall not be members of the state bar, and shall not have, other than as consumers, a financial interest in the practice of law. Public members shall be appointed by the Board of Governors. No more than two (2) public members may be from the same district. Public members may be reappointed for one additional term of two years. No individual may serve more than four (4) years as a public member of the Board of Governors. There shall be three (3) at- large members on the Board of Governors appointed by the Supreme Court for terms of two years. Nineteen (19) members of the Board of Governors shall be active members in good standing of the state bar designated as "elected members" and elected as follows:
A. From Bar District 1, one member.
B. From Bar District 2, one member.
C. From Bar District 3, one member.
D. From Bar District 4, one member.
E. From Bar District 5, three members.
F. From Bar District 6, nine members.
G. From Bar District 7, one member.
H. From Bar District 8, one member.
I. From the Young Lawyers Section of the state bar, its President.
3. At each annual meeting held during even-numbered years, the Governors shall be elected from Bar Districts 1, 3, 4, 5 and 7 for terms of two years. At each annual meeting held during odd-numbered years, the Governors shall be elected from Bar Districts 2, 6 and 8 for terms of two years. Nominations for Governors shall be by petition signed by at least five (5) active members, and each candidate named in a petition and all members signing such petition shall have their principal place of business in the district the candidate is nominated to represent. The election shall be by ballot. The ballots shall be mailed to those entitled to vote at least thirty (30) days prior to the date of canvassing the ballots, shall be returned by mail and shall be canvassed at the ensuing annual meeting. In other respects the election shall be as the Board of Governors by rule directs. Only active and judicial members shall be entitled to vote for the Governor or Governors of the Bar District in which such active and judicial members respectively have their principal place of business.
4. The President of the Young Lawyers Section shall be elected by a mail ballot to all members of the Section, such ballot announcing to all members of the Section that the President of the Young Lawyers Section will hold a voting position on the Board of Governors. The election of the President of the Young Lawyers Section shall be on a yearly basis and shall be completed within ninety days of the annual meeting.
5. Elected members of the board of governors shall hold office until their successors are elected and qualified. Should a member of the Board move his or her principal place of business from the district he or she represents, his or her seat shall be declared vacant. A vacancy among the elected members of the Board of Governors shall be filled by the remaining members of the Board. A vacancy in a public member position shall be filled by the Board of Governors. A vacancy in an at-large member position shall be filled by the Supreme Court.
(f) Officers of the State Bar.
1. The officers of the state bar shall be a president, a president-elect, two vice-presidents, and a secretary/treasurer.
2. The term for the office of president shall expire at the conclusion of the annual meeting, and the president-elect whose term expired at the same annual meeting shall automatically become the president and assume the duties of such office.
3. The president-elect, vice-presidents, and secretary/treasurer shall be elected from its membership by the board at the annual meetings. Such newly elected officers shall assume the duties of their respective offices at the conclusion of the annual meeting at which they are elected.
4. The officers of the state bar shall continue in office until their successors are elected and qualified.
5. An officer may be removed from his office by the vote of ten or more members of the board of governors cast in favor of his removal at a meeting called for such purpose.
6. A vacancy in any office caused other than by expiration of a term may be filled by the board of governors at a meeting called for such purpose.
7. The president shall preside at all meetings of the state bar and the board, and if absent or unable to act, the president-elect or one of the vice- presidents shall preside. Additional duties of the president, president- elect, vice-presidents and the secretary/treasurer may be prescribed by the board.
8. No public member shall hold office.
(g) Annual meeting. Annual meetings of the state bar shall be held at times and places designated by the board. At the annual meeting reports of the proceedings of the board since the last annual meeting, reports of other officers and committees and recommendations of the board shall be received. Matters of interest pertaining to the state bar and the administration of justice may be considered and acted upon. Special meetings of the state bar may be held at such times and places as provided by the board.
(h) Administration of rules. Examination and admission of members shall be administered by the committee on examinations and the committee on character and fitness, as provided in these rules. Discipline, disability, and reinstatement matters shall be administered by the disciplinary commission, as provided in these rules. All matters not otherwise specifically provided for shall be administered by the board.
(i) Filings made. Papers required to be filed with the state bar under these rules shall be filed at the office of the state bar in Phoenix, except as is otherwise set forth in these rules.
(j) Formal Requirements of Papers Filed. All transcripts of testimony and all copies of recommendations, documents, papers, pleadings, reports and records required or permitted by any provision of these rules relating to admission, discipline, disability, and reinstatement may be either typewritten or prepared by any mechanical duplicating process that is clear and legible, and if prepared by duplicating process no original typewritten copy shall be required.
(k) Payment of Fees and Costs. The payment of all fees, costs, and expenses required under the provisions of these rules relating to membership, mandatory continuing legal education, discipline, disability, and reinstatement shall be made to the treasurer of the state bar. The payment of all fees, costs and expenses required under the provisions of these rules relating to application for admission to the practice of law, examinations and admission shall be made to the finance office of the administrative office of the courts.
(l) Expenses of Administration and Enforcement. The state bar shall pay all expenses incident to the administration and enforcement of these rules relating to membership, mandatory continuing legal education, discipline, disability, and reinstatement of lawyers, except that costs and expenses shall be taxed against a respondent lawyer or applicant for readmission, as provided in these rules. The administrative office of the courts shall pay all expenses incident to administration and enforcement of these rules relating to application for admission to the practice of law, examinations and admission.

 

ORGANIZATION OF STATE BAR

RULE 32 Organization of State Bar of Arizona.

 

(a)1. Establishment of state bar. In order to advance the administration of justice according to law; to aid the courts in carrying on the administration of justice; to provide for and regulate the admission of persons seeking to engage in the practice of law; to provide for the regulation and discipline of persons engaged in the practice of law and unauthorized practice of law; to foster and maintain on the part of those engaged in the practice of law high ideals of integrity, learning, competence and public service, and high standards of conduct; to provide a forum for the discussion of subjects pertaining to the practice of law, the science of jurisprudence, and law reform; to carry on a continuing program of legal research in technical fields of substantive law, practice and procedure, and to make reports and recommendations thereon; to encourage practices that will advance and improve the honor and dignity of the legal profession; and to the end that the responsibility of the legal profession and the individual members thereof may be more effectively and efficiently discharged in the public interest, and acting within the powers vested in it by the constitution of this state and its inherent power over members of the legal profession as officers of the court, the Supreme Court of Arizona does hereby perpetuate, create and continue under the direction and control of this court an organization known as the State Bar of Arizona, such organization which may be a non-profit corporation under Chapter 5 of Title 10 of the Arizona Revised Statutes, and all persons now or hereafter licensed in this state to engage in the practice of law shall be members of the State Bar of Arizona in accordance with the rules of this court. The State Bar of Arizona may sue and be sued, may enter into contracts and acquire, hold, encumber, dispose of and deal in and with real and personal property, and promote and further the aims as set forth herein and hereinafter in these rules.
2. Precedence of rules. The qualifications of attorneys at law for admission to practice before the courts of this state, the duties, regulation of individuals and entities engaged in the unauthorized practice of law, obligations and certain of the grounds for discipline of members, and the method of establishing such grounds, subject to the right of this court to discipline a member when it is satisfied that such member is not mentally or morally qualified to practice law even though none of the specific grounds for discipline set forth in these rules exist, and grounds for sanctions for engaging in the unauthorized practice of law, shall be as prescribed in these rules pertaining to admission and discipline of attorneys.

(b) Definitions. Unless the context otherwise requires, the following definitions shall apply to the interpretation of these rules relating to admission, discipline, disability and reinstatement of lawyers:
1. "Board" means Board of Governors of the State Bar of Arizona.
2. "Commission" means Disciplinary Commission of the Supreme Court of Arizona.
3. "Court" means Supreme Court of Arizona.
4. "Discipline" means those sanctions and limitations on members and others and the practice of law provided in these rules. Discipline is distinct from disability inactive status, but the term may include that status where the context so requires.
5. "Discipline proceeding" and "disability proceeding" mean any action involving a respondent pursuant to the rules relating thereto. Further definitions applying to such proceedings are stated in the rule on disciplinary jurisdiction.
6. "Member" means member of the state bar, the classifications of which shall be as set forth in this rule.
7. "Respondent" means a member or non-member against whom a discipline or disability proceeding has been commenced any person subject to the jurisdiction of the court against whom a charge is received alleging a violation of these rules.
8. "State bar" means the State Bar of Arizona created by rule of this court.
9. "Non-member" means a person licensed to practice law in a state or possession of the United States or a non-lawyer permitted to appear in such capacity, but who is not a member of the state bar.
(c) Membership.
1. Classes of Members. Members of the state bar shall be divided into five classes: active, inactive, retired, suspended, and judicial. A disbarred person is not a member.
2. Active Members. Every person licensed to practice law in this state is an active member except for persons who are inactive, retired, suspended, or judicial members.
3. Admission and Fees. All persons admitted to practice in accordance with the rules of this court shall, by that fact, become active members of the state bar. Upon admission to the state bar, the applicant shall pay a fee as required by the supreme court, which shall include the annual membership fee for active members of the state bar. If an applicant is admitted to the state bar on or after July 1 in any year, the annual membership fee payable upon admission shall be reduced by one half. Upon admission to the state bar, an applicant shall also, in open court, take and subscribe an oath to support the constitution of the United States and the constitution and laws of the State of Arizona in the form provided by the supreme court. All members shall provide to the state bar office a current street address, telephone number, any other post office address the member may use, and the name and address of the bar of any other jurisdiction to which he may be admitted. Any change of address shall be reported to the state bar within thirty days of its effective date. The state bar office shall forward to the court, on a quarterly basis, a current list of membership of the bar.
4. Inactive Members; Retired Members. Inactive members shall be those who have, as provided in these rules, been transferred to inactive status. An active member who has retired from or is not engaged in practice in Arizona may be transferred to inactive status upon written request to the executive director. Inactive members shall not practice law in Arizona, or hold office or vote. On application and payment of the membership fee and any delinquent fees that may be due under Rule 45(d), they may become active members. Inactive members shall have other privileges, not inconsistent with these rules, as the Board may provide. Incapacitated members may be transferred to disability inactive status and returned to active status as provided in these rules. Retired members shall be those who have, as provided in these rules, been transferred to retired status. A retired member who is not engaged in practice in Arizona may be transferred to retired status upon written request to the executive director. Retired members shall not practice law in Arizona, or hold State Bar office or vote in State Bar elections. On application and payment of the membership fee and any delinquent fees that may be due under Rule 45(d), they may become active members. Retired members shall have other privileges, not inconsistent with these rules, as the Board may provide. If the retired member has not attained the age of 70, a nominal fee, if any, may be set by the Board. Incapacitated members may be transferred to disability inactive status and return to active status as provided in these rules.
5. Judicial Members. Judicial members shall be justices of the Supreme Court of Arizona, judges of the Court of Appeals and Superior Court of Arizona and of the United States District Court for the District of Arizona. Judicial membership status shall likewise be accorded to members of the state bar who are full-time commissioners, city or municipal court judges, judges pro tempore or justices of the peace in the state of Arizona not engaged in the practice of law, or justices or judges of other courts of record of the United States or of the several states. Judicial members shall hold such classification only so long as they hold the offices or occupations entitling them to such membership. Judicial members shall be entitled to vote but shall not be entitled to hold office. Judicial members shall have such privileges, not inconsistent with the rules of this court, as the board provides. A judicial member who retires or resigns from the bench shall become an active member subject to all provisions of these rules.
6. Membership Fees. An annual membership fee for active members, inactive members and judicial members shall be established by the board with the consent of this court and shall be payable on or before February 1 of each year. The annual fee shall be waived for members on disability inactive status pursuant to rule 59. Upon application, the Board of Governors may waive the dues of any other member for reasons of personal hardship.
7. Computation of fee. The annual membership fee shall be composed of an amount for the operation of the activities of the state bar and an amount for the funding of the Clients Security Fund, each of which amounts shall be stated and accounted for separately.
8. Allocation of fee. Upon payment of the membership fee each member shall receive a certificate issued by direction of the board evidencing payment. All fees shall be paid into the treasury of the state bar and, when so paid, shall become part of its funds, except that portion of the fees representing the amount for the funding of the Clients Security Fund shall be paid into the trust established for the administration of the Clients Security Fund.
9. Delinquent Fees. A fee not paid by the time it becomes due shall be deemed delinquent. An annual delinquency fee for active members, inactive members, retired members and judicial members shall be established by the board with the consent of this court and shall be paid in addition to the annual membership fee if such fee is not paid on or before February 1. A member who fails to pay a fee within two months after written notice of delinquency shall be summarily suspended by the board from membership to the state bar, upon motion of the state bar pursuant to rule 52(d), but may be reinstated in accordance with these rules.
10. Resignation. Members in good standing who wish to resign from membership in the state bar may do so, and such resignation shall become effective when filed in the office of the state bar, accepted by the board, and approved by this court. After the resignation is approved by this court, such member shall be known as a "resigned member in good standing."
A. Such resignation shall not be a bar to institution of subsequent discipline proceedings for any conduct of the resigned member occurring prior to the resignation. In the event such resigned member thereafter is disbarred, suspended or censured, the resigned member's status shall be changed from "resigned member in good standing" to that of a person so disciplined. Such resignation shall not be accepted if there is a disciplinary charge or complaint pending against the member.
B. Resigned members in good standing may be reinstated to membership in the same manner and on the same terms as members suspended for nonpayment of membership fees.
C. A member wishing to resign shall apply on a form approved by the board and shall furnish such information as is required upon such form and shall make such allegations, under oath, as are required on such form.
(d) Powers of Board. The state bar shall be governed by the Board of Governors, which shall have the powers and duties prescribed by this court. The board shall:
1. Fix and collect, as provided in these rules, fees approved by the supreme court, which shall be paid into the treasury of the state bar.
2. Promote and aid in the advancement of the science of jurisprudence and improvement of the administration of justice.
3. Make appropriations and disbursements from funds of the state bar to pay necessary expenses for carrying out its functions.
4. Formulate and declare rules and regulations not inconsistent with these rules, necessary or expedient to enforce these rules and by rule fix the time and place of annual meetings of the state bar and the manner of calling special meetings thereof, and determine what number shall constitute a quorum of the state bar.
5. Appoint such committees, officers and employees it deems necessary or proper and prescribe their duties. Compensation of employees shall be as determined by the board.
6. Appoint from time to time one or more executive committees composed of members of the board and vest in the executive committees any powers and duties granted to the board as the board may determine.
7. Prepare an annual statement showing receipts and expenditures of the state bar for the twelve preceding months. The statement shall be promptly certified by the treasurer and a certified public accountant, and transmitted to the chief justice of this court.
8. Maintain the Clients Security Fund authorized by the membership of the state bar April 9, 1960, and established by the Declaration of Trust of January 7, 1961, as amended November 26, 1971, May 31, 1974, and May 6, 1981, and as it may be further amended from time to time.
9. Have the power to form a non-profit corporation under Chapter 5 of Title 10 of the Arizona Revised Statutes upon a majority vote of the Board of Governors.
10. Implement and administer mandatory continuing legal education in accordance with rule 45.
(e) Composition of Board.
1. For the purposes of these rules the state is divided into eight bar districts, numbered one through eight as follows:
A. Mohave, Navajo, Coconino and Apache counties shall be district 1.
B. Yavapai county shall be district 2.
C. Gila, Graham and Greenlee counties shall be district 3.
D. Cochise county shall be district 4.
E. Pima and Santa Cruz counties shall be district 5.
F. Maricopa county shall be district 6.
G. La Paz and Yuma counties shall be district 7.
H. Pinal county shall be district 8.
2. There shall be a Board of Governors of the state bar which shall consist of twenty-six (26) members, all authorized to vote. Four (4) members of the Board of Governors shall be designated as "public member." The public members shall not be members of the state bar, and shall not have, other than as consumers, a financial interest in the practice of law. Public members shall be appointed by the Board of Governors. No more than two (2) public members may be from the same district. Public members may be reappointed for one additional term of two years. No individual may serve more than four (4) years as a public member of the Board of Governors. There shall be three (3) at- large members on the Board of Governors appointed by the Supreme Court for terms of two years. Nineteen (19) members of the Board of Governors shall be active members in good standing of the state bar designated as "elected members" and elected as follows:
A. From Bar District 1, one member.
B. From Bar District 2, one member.
C. From Bar District 3, one member.
D. From Bar District 4, one member.
E. From Bar District 5, three members.
F. From Bar District 6, nine members.
G. From Bar District 7, one member.
H. From Bar District 8, one member.
I. From the Young Lawyers Section of the state bar, its President.
3. At each annual meeting held during even-numbered years, the Governors shall be elected from Bar Districts 1, 3, 4, 5 and 7 for terms of two years. At each annual meeting held during odd-numbered years, the Governors shall be elected from Bar Districts 2, 6 and 8 for terms of two years. Nominations for Governors shall be by petition signed by at least five (5) active members, and each candidate named in a petition and all members signing such petition shall have their principal place of business in the district the candidate is nominated to represent. The election shall be by ballot. The ballots shall be mailed to those entitled to vote at least thirty (30) days prior to the date of canvassing the ballots, shall be returned by mail and shall be canvassed at the ensuing annual meeting. In other respects the election shall be as the Board of Governors by rule directs. Only active and judicial members shall be entitled to vote for the Governor or Governors of the Bar District in which such active and judicial members respectively have their principal place of business.
4. The President of the Young Lawyers Section shall be elected by a mail ballot to all members of the Section, such ballot announcing to all members of the Section that the President of the Young Lawyers Section will hold a voting position on the Board of Governors. The election of the President of the Young Lawyers Section shall be on a yearly basis and shall be completed within ninety days of the annual meeting.
5. Elected members of the board of governors shall hold office until their successors are elected and qualified. Should a member of the Board move his or her principal place of business from the district he or she represents, his or her seat shall be declared vacant. A vacancy among the elected members of the Board of Governors shall be filled by the remaining members of the Board. A vacancy in a public member position shall be filled by the Board of Governors. A vacancy in an at-large member position shall be filled by the Supreme Court.
(f) Officers of the State Bar.
1. The officers of the state bar shall be a president, a president-elect, two vice-presidents, and a secretary/treasurer.
2. The term for the office of president shall expire at the conclusion of the annual meeting, and the president-elect whose term expired at the same annual meeting shall automatically become the president and assume the duties of such office.
3. The president-elect, vice-presidents, and secretary/treasurer shall be elected from its membership by the board at the annual meetings. Such newly elected officers shall assume the duties of their respective offices at the conclusion of the annual meeting at which they are elected.
4. The officers of the state bar shall continue in office until their successors are elected and qualified.
5. An officer may be removed from his office by the vote of ten or more members of the board of governors cast in favor of his removal at a meeting called for such purpose.
6. A vacancy in any office caused other than by expiration of a term may be filled by the board of governors at a meeting called for such purpose.
7. The president shall preside at all meetings of the state bar and the board, and if absent or unable to act, the president-elect or one of the vice- presidents shall preside. Additional duties of the president, president- elect, vice-presidents and the secretary/treasurer may be prescribed by the board.
8. No public member shall hold office.
(g) Annual meeting. Annual meetings of the state bar shall be held at times and places designated by the board. At the annual meeting reports of the proceedings of the board since the last annual meeting, reports of other officers and committees and recommendations of the board shall be received. Matters of interest pertaining to the state bar and the administration of justice may be considered and acted upon. Special meetings of the state bar may be held at such times and places as provided by the board.
(h) Administration of rules. Examination and admission of members shall be administered by the committee on examinations and the committee on character and fitness, as provided in these rules. Discipline, disability, and reinstatement matters shall be administered by the disciplinary commission, as provided in these rules. All matters not otherwise specifically provided for shall be administered by the board.
(i) Filings made. Papers required to be filed with the state bar under these rules shall be filed at the office of the state bar in Phoenix, except as is otherwise set forth in these rules.
(j) Formal Requirements of Papers Filed. All transcripts of testimony and all copies of recommendations, documents, papers, pleadings, reports and records required or permitted by any provision of these rules relating to admission, discipline, unauthorized practice of law, disability, and reinstatement may be either typewritten or prepared by any mechanical duplicating process that is clear and legible, and if prepared by duplicating process no original typewritten copy shall be required.
(k) Payment of Fees and Costs. The payment of all fees, costs, and expenses required under the provisions of these rules relating to membership, mandatory continuing legal education, discipline, unauthorized practice of law, disability, and reinstatement shall be made to the treasurer of the state bar. The payment of all fees, costs and expenses required under the provisions of these rules relating to application for admission to the practice of law, examinations and admission shall be made to the finance office of the administrative office of the courts.
(l) Expenses of Administration and Enforcement. The state bar shall pay all expenses incident to the administration and enforcement of these rules relating to membership, mandatory continuing legal education, discipline, unauthorized practice of law, disability, and reinstatement of lawyers, except that costs and expenses shall be taxed against a respondent lawyer or applicant for readmission, as provided in these rules. The administrative office of the courts shall pay all expenses incident to administration and enforcement of these rules relating to application for admission to the practice of law, examinations and admission.

Last Update: 09/04/02