ARIZONA STATE SENATE
RESEARCH STAFF
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DAMION LEENATALI LEGISLATIVE INTERN JENNIFER EUGSTER LEGISLATIVE RESEARCH ANALYST JUDICIARY COMMITTEE Telephone: (602) 926 -3171 Facsimile: (602) 926 -3833 |
JUDICIARY COMMITTEE
DATE: March 28, 2006
SUBJECT: Strike Everything Amendment to H.B. 2392, relating to practice of law
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Purpose
Establishes legal apprenticeship and probationary membership programs to allow certain qualified persons to become members of the State Bar of Arizona without attending law school.
Background
The State Bar of Arizona (State Bar) was created in 1933 by the State Bar Act. In 1973, the Arizona Supreme Court (Court) drafted Rule 31, which established joint oversight of the State Bar by the Legislature and the Court. The State Bar Act was sunsetted in 1985, rendering the Court the sole authority governing the State Bar. Pursuant to Rule 31 of the Arizona State Court Rules, any person who practices law in the state of Arizona must have been admitted to the State Bar.
Rule 33, Arizona State Court Rules, establishes two committees to facilitate admissions to the State Bar: the Committee on Examinations and the Committee on Character and Fitness. The Committee on Examinations examines applicants and advises the Court and the Committee on Character and Fitness of those individuals who have passed the examination required for admission to the State Bar. The State Bar examination is administered twice a year, once in February and once in July. In July of 2005, 758 applicants sat for the examination, 67.5 percent of which passed.
The Committee on Character and Fitness recommends individuals who are deemed to be qualified on the basis of character and fitness for admission to the State Bar. As part of the application for the Committee on Character and Fitness, a person must submit satisfactory evidence showing that he or she is a graduate with a Juris Doctor degree from a law school provisionally or fully approved by the American Bar Association at the time of graduation. The Court then considers the recommendations and either grants or denies admission.
Five states (California, Vermont, Virginia, Washington and Wyoming) have some form of “law office study” program that allows a person who has not graduated from law school, but who has studied law under the tutelage of an approved attorney in a law office, to sit for the state’s bar examination. Two states (Maine and New York) have similar law office study programs, but persons in those states are required to complete at least some coursework at an American Bar Association-accredited law school before they may sit for the bar examination.
There is no anticipated fiscal impact associated with this legislation, although requiring the Court to review admissions appeals from probationary members of the State Bar could increase the Court’s operating costs.
Provisions
Practice of Law
1. Stipulates that no person shall be denied the opportunity to take the bar examination or be denied admission to the State Bar solely because the person did not attend an American Bar Association-accredited law school, did not attend any law school or did not graduate from law school.
2. Specifies that this legislation only applies to laws and rules related to law school attendance and graduation.
3. Stipulates that a person must be admitted to the State Bar if he or she:
a) is approved by the Committee on Character and Fitness.
b) completes a legal ethics class.
c) completes either a legal apprenticeship period or a probationary membership period.
d) passes the bar examination.
e) passes the Multistate Professional Responsibility Examination (MPRE).
Legal Apprenticeship
4. Stipulates that a person who is approved by the Committee on Character and Fitness and who studies law before taking the bar examination and the MPRE is classified as a legal apprentice.
5. Requires a legal apprentice to study law diligently and in good faith in any of the following manners:
a) under the personal supervision of an attorney, who must complete any periodic evaluations the Committee on Examinations may request.
b) under the personal supervision of a judge of a court of record, who must complete any periodic evaluations the Committee on Examinations may request.
c) in the state Legislature as a member or as professional staff.
d) by instruction in law from a correspondence law school that requires 864 hours of preparation of study per year.
6. Stipulates that the Rules Attorney or an attorney for the Arizona Legislative Council is responsible for supervising members and professional staff of the Legislature and requires the supervising attorney to complete any periodic evaluations the Committee on Examinations requests.
7. Stipulates that the period of the legal apprenticeship is two years.
8. Requires the legal apprentice to complete a class in legal ethics at the end of the apprenticeship period, and that evidence of the completion of the class must be submitted to the Supreme Court.
9. Allows the legal apprentice to change supervisors at any time, but stipulates that if the legal apprentice elects to change supervisors, the legal apprenticeship period will be extended for one year.
10. Prohibits a legal apprentice from directly representing a client and from directly receiving compensation from a client.
11. Prohibits the State Bar from charging a legal apprentice dues that exceed one-half of what full State Bar members are required to pay.
Probationary Membership
12. Stipulates that a person who is approved by the Committee on Character and Fitness and who studies law after taking the bar examination and the MPRE must be admitted to the State Bar as a probationary member.
13. Requires a probationary member to study law diligently and in good faith in any of the following manners:
a) under the personal supervision of an attorney, who must complete any periodic evaluations the Committee on Examinations may request.
b) under the personal supervision of a judge of a court of record, who must complete any periodic evaluations the Committee on Examinations may request.
c) in the state Legislature as a member or as professional staff.
d) by instruction in law from a correspondence law school that requires 864 hours of preparation of study per year.
14. Stipulates that the Rules Attorney or an attorney for the Arizona Legislative Council is responsible for supervising members and professional staff of the Legislature and requires the supervising attorney to complete any periodic evaluations the Committee on Examinations requests.
15. Stipulates that the period of the probationary membership is two years.
16. Requires the legal apprentice to complete a class in legal ethics at the end of the probationary period, and that evidence of the completion of the class must be submitted to the Supreme Court.
17. Allows the probationary member to change supervisors at any time, but stipulates that if the probationary member elects to change supervisors, the probationary period will be extended for one year.
18. Prohibits a probationary member from directly representing a client and from directly receiving compensation from a client.
19. Prohibits the State Bar from charging a probationary member dues that exceed one-half of what full State Bar members are required to pay.
Admission to the State Bar
20. Requires, at the conclusion of a legal apprenticeship or probationary period, either:
a) the legal apprentice’s or probationary member’s supervisor to submit an affidavit containing: 1) an affirmation that the legal apprentice or probationary member has completed the legal apprenticeship or probationary period, 2) a recommendation as to whether the legal apprentice or probationary member is adequately qualified and 3) a recommendation as to whether the legal apprentice or probationary member is of sufficiently good moral character.
b) the legal apprentice or probationary member to submit satisfactory evidence of the completion of 1,728 hours of preparation and study with a correspondence law school.
21. Requires, upon receipt of the affidavit or evidence of completion of preparation and study, the Court to either:
a) deny the legal apprentice or probationary member full admission to the State Bar.
b) order that the legal apprentice or probationary member be fully admitted to the State Bar.
22. Requires the Court to hold a hearing if the legal apprentice or probationary member challenges the Court’s denial of full admission to the State Bar.
23. Requires the Court to find by clear and convincing evidence that the legal apprentice or probationary member is not qualified or lacks sufficient good moral character to deny the legal apprentice or probationary member full admission to the State Bar.
24. Requires the legal apprenticeship or probationary period to be extended by one year if the Court finds by clear and convincing evidence that the legal apprentice or probationary member lacks qualification or sufficient good moral character.
25. Allows the legal apprentice or probationary member to change supervisors if the legal apprenticeship or probation period is extended.
26. Grants the Court the sole discretion to deny full admission to a legal apprentice or probationary member, but stipulates that such a decision is subject to a challenge from the legal apprentice or probationary member.
27. Allows the legal apprenticeship or probationary period to be extended up to five years.
28. Specifies that if the Court denies full admission to the State Bar after five years of legal apprenticeship or probationary period extension, the legal apprentice or probationary member is required to retake the bar examination.
29. Stipulates that if the legal apprentice or probationary member passes the bar examination, he or she must be admitted to the State Bar unless the Court finds by clear and convincing evidence that the person is not of sufficiently good moral character.
30. Stipulates that if the legal apprentice or probationary member fails the bar examination, the legal apprentice or probationary member must be denied full admission to the State Bar for a period of five years, after which he or she may begin the legal apprenticeship or probationary process once more.
Miscellaneous
31. Stipulates that any person who has worked for two years under the supervision of an attorney, a judge or as a professional legislative staff person or member of the Legislature prior to the effective date of this legislation must be granted full admission to the State Bar upon successful completion of the bar examination and the Multistate Professional Responsibility Examination unless good cause can be shown by clear and convincing evidence that admission should be denied.
32. Becomes effective on the general effective date.
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