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.

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 be represented by a duly authorized agent who is not charging a fee for the representation.

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.

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.

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.

12.  In any administrative appeal proceeding relating to the Arizona Health Care Cost Containment System, an individual may be represented by a duly authorized agent who is not charging a fee for the representation.

13.  In any administrative matter before the Arizona Department of Revenue, the Office of Administrative Hearings relating to the Arizona Department of Revenue, a state or county board of equalization, the Arizona Department of Transportation, the Arizona Department of Economic Security, the Arizona Corporation Commission, or any county, city, or town taxing or appeals official, 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 a governmental 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.

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 these rules shall limit a certified public accountant or other federally authorized tax practitioner, as that term is defined in A.R.S. § 42-2069(D)(1), from practicing before the Internal Revenue Service or other federal agencies where so authorized.

16.  Nothing in these rules shall prohibit the rendering of individual and corporate financial and tax advice to clients or the preparation of tax-related documents for filing with governmental agencies by a certified public accountant or other federally authorized tax practitioner as that term is defined in A.R.S. § 42-2069(D)(1).

17.  Nothing in this rule shall affect the ability of nonlawyer assistants to act under the supervision of a lawyer in compliance with ER5.3 of the rules of professional conduct.

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

19.  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.

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

21.  Nothing in these rules shall affect the rights granted in the Arizona or United States Constitutions.

22.  Nothing in these rules shall prohibit an officer or employee of a governmental entity from performing the duties of his or her office or carrying out the regular course of business of the governmental entity.

23.  Nothing in these rules shall prohibit a certified legal document preparer from performing services in compliance with Arizona Code of Judicial Administration, Part 7, Chapter 2, Section 7-208. 

24.  Nothing in these rules shall prohibit a mediator as defined in these rules from facilitating a mediation between parties, provided that a mediator who is not a member of the state bar and who prepares or provides legal documents for the parties without the supervision of an attorney must be certified as a legal document preparer in compliance with the Arizona Code of Judicial Administration, Part 7, Chapter 2, Section 7-208.

Rule 33.          COMMITTEES’ PRACTICE

a)         Committees; Powers and Duties.  The examination and admission of applicants for membership in the State Bar of Arizona shall conform to this rule.  For such purposes, there shall be two committees, the Committee on Examinations, and the Committee on Character and Fitness.  The Committee on Examinations shall consist of seven or more active members of the state bar, and the Committee on Character and Fitness shall consist of seven or more active members of the state bar and two or more nonlawyer members of the public.   Members of each committee shall be appointed by the court upon the recommendation of the Board which shall recommend at least three names for each appointment to be made.  Members of the two committees shall serve for seven-year terms.  Upon the expiration of a member’s term, the court shall appoint a new member to serve for a term of seven years.  As to each committee, in the event of a resignation or inability of a committee member to serve, the court shall appoint another person to serve the unexpired term.  The Committee on Examinations shall examine applicants and advise this court and the Committee on Character and Fitness of those who have passed the examination or examinations required for admission to the state bar. The Committee on Character and Fitness shall recommend to this court for admission to the state bar those individuals who, having passed the examination or examinations required for admission to the state bar, are deemed by the Committee to be qualified on the basis of character and fitness.  The court will then consider the recommendations and either grant or deny admission.

(b)        Power of Court to Revoke or Suspend License.  Nothing contained in this rule shall be considered as a limitation upon the power and authority of this court upon petition of either Committee or the Board or other proper body or person, or on its own motion, to revoke or suspend, after due notice and hearing, the right of an attorney to practice law in this state for fraud or material misrepresentation in the procurement of admission to practice.

(c)        Practice in Courts.  No person shall practice law in the State of Arizona without being admitted to the bar by compliance with the following rules, provided that an attorney practicing in another state or territory or insular possession of the United States or the District of Columbia may be permitted by any court to appear in a matter pro hac vice, in accordance with the procedures set forth in subpart (d) of this Rule.

(d)        Admission Pro Hac Vice.  Contact the State Bar of Arizona at (602) 340-7239 or their website at www.azbar.org for information.  

(e)        Exception to Examination Requirement for Full-Time Law School Faculty Members.

      1.   Upon recommendation of the dean of the College of Law of the University of Arizona or of the College of Law of Arizona State University or, as to such dean, upon recommendation of the president of such university, a full-time faculty member of such college may apply for admission to practice law in the State of Arizona as an active member of the bar without examination by the Committee on Examinations.

      2.   An applicant under this rule must be a graduate with a juris doctor or bachelor of laws and letters degree of a law school provisionally or fully approved by the American Bar Association at the time of such applicant's graduation.  Applicants shall be required to submit proof of their admission by examination to the bar of another state or the District of Columbia and shall pay the current applicable filing and investigation fees.  Each applicant must file an application with the Committee containing information relative to his or her educational and professional background and moral character. 

      3.   Faculty members who are admitted to the bar pursuant to this subsection and who subsequently terminate their full-time faculty status shall not retain active bar membership unless they pass the Arizona bar examination.  Faculty members who are admitted to the bar under this subsection shall limit their practice hours in accordance with the limits imposed by each university and shall in no event engage in compensated practice as members of the state bar for more than an average of eight hours per week during each calendar year.  The dean of each law school shall annually advise the executive director of the state bar that faculty members who have been admitted to the bar under this subsection have complied with the reporting requirements under university rules and the limits imposed by this subsection.  For purposes of this rule, activities of clinical law professors in connection with supervision of a clinical law program as described in rule 38 of these rules shall not be considered as compensated practice.

      4.   The Committee may require such information from any such applicant as it is authorized to require of any applicant not within the exception made by this rule and may make such investigations, conduct such hearings and otherwise process said application as if made pursuant to the provisions of the foregoing rules governing application for admission by examination.

      5.   If after such investigation as the Committee may deem appropriate it concludes that such applicant possesses the moral qualities and the intellectual attainments required of all other applicants for admission to practice law in the State of Arizona, it shall recommend such applicant for admission to practice and, if said recommendation is accepted by the Arizona Supreme Court, said applicant shall be admitted to practice and be enrolled as a member of the State Bar of Arizona, and except for the limitations imposed by this subsection, shall have all privileges and rights enjoyed by any member of the State Bar of Arizona admitted pursuant to application and admission by examination.  Applicants admitted under this rule shall be subject to all the duties and obligations of members under rules 41 and 42 of these rules.  The Committee may receive and act upon any such application at any time or in its discretion may require that such applications be received and processed by the Committee at the same time and in the same manner as applications for admission upon examination.

      6.   At the end of a two year period following adoption of this rule, the deans of the law schools shall report to the chief justice of the Arizona Supreme Court giving information as to the manner in which the rule has operated within the schools.

(f)         Foreign Legal Consultant.

      1.   Definition.  A "foreign legal consultant" is a person who is admitted to practice and is in good standing as an attorney or counselor at law or the equivalent in a foreign country or political subdivision of a foreign country, and has been issued a certificate of registration as a foreign legal consultant.

      2.   Requirement for certificate of registration.  To be issued a certificate of registration as a foreign legal consultant, an applicant must:  

  A.   For a period of not less than five of the seven years immediately preceding the date of the application, have been admitted to practice and has been in good standing as an attorney or counselor at law or the equivalent in a foreign country or political subdivision of a foreign country; and have engaged either: (i) in the practice of law in such country or political subdivision; or (ii) in a profession or occupation that requires admission to practice and good standing as an attorney or counselor at law or the equivalent in such country or political subdivision.

B.   Possess the good moral character necessary for a member of the state bar.

C.   Intend to practice as a registered foreign legal consultant in this state and to maintain an office in the state for such practice.

D.  Possess the necessary documentation evidencing compliance with the immigration laws of the United States.

E.   Have attained the age of eighteen.
   F.   File with the secretary of the committee on character and fitness, a written application in the form supplied by the committee.  The application must be accompanied by required supporting documents and filing fee.  Upon receipt, the Committee will provide applicant with the character investigation application, which may be a form produced by the National Conference of Bar Examiners (NCBE).  The applicant is responsible for payment to the NCBE for preparation of the character report.

      3.   Documents required in support of application.  The following must accompany every application:

A.  An application fee as established by the supreme court.

B.   A complete set of the applicant's fingerprints.  The committee on character and fitness is authorized to receive criminal history information regarding any applicant for admission from any law enforcement agency in conjunction with the admissions process.

C.   A certificate, with a duly authenticated English translation, if not in English, from the authority having jurisdiction over admission in the foreign country or political subdivision of the foreign country in which the applicant was admitted to practice, which shall be signed by a responsible official or one of the members of the executive body of such authority and which shall be accompanied by the official seal, if any, of such authority and which shall certify (a) as to the authority's jurisdiction in such matters, and (b) as to the applicant's admission to practice in such foreign country or political subdivision of such country, the date of such admission, and the applicant's good standing as an attorney or counselor at law or the equivalent thereof.

D.  A certificate, with a duly authenticated English translation, if not in English, from the authority having jurisdiction over professional discipline in the foreign country or political subdivision of the foreign country in which the applicant was admitted to practice, which shall be signed by a responsible official or one of the members of the executive board of such authority and which shall be accompanied by the official seal, if any, of such authority and which shall certify (a) as to the authority's jurisdiction in such matters, and (b) as to whether any charge or complaint has ever been filed against the applicant with such authority, and if so, the substance of each such charge or complaint and the adjudication or resolution thereof.

E.   A letter of recommendation, with a duly authenticated English translation, if not in English, from one of the members of the executive body of the authority mentioned in subdivision 3(c) above or from one of the judges of the highest law court or of a court of original jurisdiction in the foreign country or political subdivision of the foreign country. 

F.   Upon receipt, the committee shall provide the applicant with a form for the detailed character report, which may be the form of the National Conference of Bar Examiners.  The fee for such investigation shall be borne by the applicant.

G.   The committee on character and fitness and its agents may require such information or further documents from a foreign legal consultant applicant as it is authorized to require of any applicant for admission to the state bar and may make such investigations, conduct such hearings and otherwise process said application as if made pursuant to the provisions of the rules governing application for admission by examination.
   H.  The committee on character and fitness may receive and act upon any such application at any time or in its discretion may require that such applications be received and processed by the committee at the same time and in the same manner as applications for admission upon examination.

      4.   Hardship Waiver.  Upon a showing that strict compliance with the provisions of subdivision 3C or 3D above would cause the applicant unnecessary hardship, or upon a showing of exceptional professional qualifications to practice as a foreign legal consultant, the committee may in its discretion waive or vary the application of either or both of those provisions and permit the applicant to furnish other evidence in lieu thereof.

      5.   Reciprocity.  In considering whether to issue a certificate of registration as a foreign legal consultant, the committee may consider whether a member of the state bar would have a reasonable and practical opportunity to establish an office for the giving of legal advice to clients in the applicant's country of admission; provided, however, there is pending with the committee a request from a member of the state bar to take this factor into account, the member is actively seeking or has actively sought to establish such an office in that country, and there is a serious question as to adequacy of the opportunity for a member of the state bar to establish such an office.

      6.   Scope of practice.

A.  A person licensed to practice as a foreign legal consultant under this rule may render legal services in this state subject, however, to the limitations that he or she shall not:

i.    Appear for a person other than himself or herself as an attorney in any court, or before any magistrate or other judicial officer, in this state other than upon admission pro hac vice pursuant to rule 33(d);

ii.    Prepare any deed, mortgage, assignment, discharge, lease, or any other instrument affecting title to real estate located in the United States of America; or

iii.   Prepare any will or trust instrument affecting the disposition on death of any property located in the United States of America and owned by a resident thereof; or

iv.   Prepare any instrument relating to the administration of a decedent's estate in the United States of America; or

v.   Prepare any instrument in respect to marital relations, rights or duties of a resident of the United States of America or the custody or care of the children of a resident;

vi.   Render professional legal advice on the law of this state or of the United States of America (whether rendered incident to the preparation of legal instruments or otherwise), except on the basis of advice from a person duly qualified and entitled (otherwise than by virtue of having been licensed under this rule) to render professional legal advice in this state;
   vii.  In any way hold himself or herself out as a member of the state bar.

B.     A person registered as a foreign legal consultant under this rule shall at all times used the title "legal consultant", which shall be used in conjunction with the name of the foreign country of his or her admission to practice, and shall not carry on his or her practice under, or utilize in connection with such practice, any name, title or designation other than one or more of the following:

i.    His or her own name;

ii.    The name of his or her law firm;
   iii.   His or her authorized title in the foreign country of his or her admission to practice, which may be used in conjunction with the name of such country.

      7.   Rights and obligations.  A foreign legal consultant registered under this rule shall not be a member of the state bar but shall be considered an affiliate of the state bar subject to the same conditions and requirements as apply to a member of the state bar under the rules of court governing members of the state bar, insofar as conditions and requirements are consistent with the provisions of this rule, and shall:

A.  Have the right, in the same manner and to the same extent as members of the state bar to:

i.    Employ one or more members of the state bar;

ii.    Be employed by one or more members of the state bar or by any partnership or professional corporation which includes members of the state bar or which maintains an office in this state; or 
   iii.   Be a partner in any partnership or shareholder in any professional corporation which includes members of the state bar or which maintains an office in this state; and 

B.   Enjoy and be subject to all rights and obligations with respect to attorney-client privilege, work-product privilege, and other professional privileges in the same manner and to the same extent as members of the state bar.

      8.   Disciplinary provisions.  A person registered as a foreign legal consultant under this rule shall be subject to professional discipline in the same manner and to the same extent as members of the state bar.

      9.   Course on professionalism.  Within one year after receiving a certificate of registration, a foreign legal consultant shall complete the state bar course on professionalism.  The provisions of rule 34(e) regarding summary suspension and reinstatement shall apply.

Rule 34.          APPLICATION FOR ADMISSION

(a)        Application. Any person desiring to be admitted to the practice of law in the State of Arizona must submit to the secretary of the Committee on Character and Fitness, a written application in the form supplied by the Committee.  The application must be accompanied by required supporting documents, examination fee and application fee.  The applicant shall complete and submit a character report accompanied by a character investigation fee as established by the supreme court.  The character report and related fee may be submitted separately from the application for admission.

(b)        Documents Required in Support of Application.  The following must accompany every application:

      1.   Subject to the exception made and provided for in paragraph (c)(1)(D) of this rule, the applicant’s law school diploma, or other evidence satisfactory to the Committee on Character and Fitness showing that he or she is a graduate with a juris doctor or bachelor of laws and letters degree of a law school provisionally or fully approved by the American Bar Association at the time of graduation.

      2.   If the applicant has been previously admitted to practice law in any jurisdiction, foreign or domestic, the certificate of the appropriate court agency(ies) or the mandatory bar association, whichever has custody of the roll of attorneys in such jurisdiction.  The certificate must indicate the date of admission, and that the applicant is presently in good standing; or, that the applicant resigned in good standing or is capable of achieving good standing status in that jurisdiction.  A printout from the state bar or court website does not meet the requirements for a certificate of good standing. 

      3.   An examination fee as established by the supreme court.

      4.   An application fee as established by the supreme court.

      5.   Application for admission must be accompanied by a full face photograph of the applicant’s head, neck and shoulders, without a hat, and not larger than two and one-half (2.5) inches by two and one-half (2.5) inches nor smaller than two (2) inches by two (2) inches, taken within six months prior to filing with the Committee on Character and Fitness.

      6.   Application for admission must be accompanied by a complete set of the applicant’s fingerprints.  The Supreme Court’s Committee on Character and Fitness is authorized to receive criminal history information regarding any applicant for admission from any law enforcement agency in conjunction with the admissions process.

(c)        Applicant Requirements and Qualifications.  

      1.   On the basis of an application for admission properly and timely filed, with all required supporting documents and fees, the applicant will be certified to sit for the bar examination.

      2.   No applicant shall be recommended to the practice of law in Arizona by the Committee on Character and Fitness unless the Committee is satisfied:

A.  That the applicant is or at the time of the examination will be over the age of twenty-one years;

B.   That applicant is of good moral character;

C.   That applicant is mentally, emotionally and physically able to engage in the practice of law;

D.  That applicant is a graduate with a juris doctor or bachelor of laws and letters degree of a law school provisionally or fully approved by the American Bar Association at the time of graduation; provided that this requirement shall not apply to an applicant who has been actively engaged in the practice of law in some other state or states for at least five of the last seven years prior to filing an application for admission to practice in Arizona; and

E.   That, if ever admitted to practice law in any jurisdiction, foreign or domestic, applicant is presently in good standing, or that applicant resigned in good standing or is capable of achieving good standing status in that jurisdiction.

      3.   The Committee on Character and Fitness may provide for early filing of an intention to seek admission to the state bar on the part of Arizona law students, after completion of their first year at the University of Arizona College of Law or Arizona State University College of Law, to enable expeditious inquiry into the character and fitness of the applicant and to facilitate the giving of advice and counsel on issues relating to character and fitness.

      4.   The Committee on Character and Fitness should complete its inquiries, some or all of which may be delegated to the National Conference of Bar Examiners, so as to be in a position to recommend for or against a successful examinee’s admission to the state bar no later than the time the results from the bar examination are available.  In extraordinary cases more extended time for inquiry and formulation of a recommendation may be required.

(d)  Application Filing Schedule; Penalties.

      1.   The application for admission and all of the documents required to be submitted by the applicant (except law school diploma in the case of law school graduates who have graduated immediately prior to the examination to be taken) must be timely submitted, with required fees in accordance with the schedule and filing fees established by the Court.  In the event an application, documents or fees are submitted after the initial filing deadline, late fees as established by the Court shall be assessed.  No application, documents or fees will be accepted after the close of filing deadline, as established by the Court.  

      Any applicant failing to pass a written examination who wishes to take the next subsequent examination must submit an application for examination, required supporting documentation, and application and examination fees  as established by the Court, no later than twenty days after the date of the letter notifying applicant of his or her failure to pass the written examination.  If the application is submitted after twenty days, a late application fee shall be paid in accordance with the schedule and filing fees established by the Court.  

      2.   When an application to take the bar examination is properly filed with required supporting documents, the applicant shall be promptly notified that the application is in order and that the applicant is certified to sit for the bar examination, specifying the time and place of such examination.

(e)        Deficiency in Application and Supporting Documents. 

      If the Committee on Character and Fitness finds that the application is deficient, or the required supporting documents are deficient, or both, the Committee shall advise the applicant in writing of the deficiency, and the assessment of applicable late fees as established by the Court.  The Committee shall allow the applicant either to supply additional information or to correct, explain in writing, or otherwise remedy the defects in such applicant’s application, supporting documents, or fees as the case may be.  If such deficiencies are not cured by the deadlines established by the Court, and if the Committee’s reasons for refusing to grant permission for the applicant to take an examination are of record as a part of the applicant’s file, the Committee shall withdraw the application and advise the applicant of such withdrawal and the reasons therefore.

(f)         Completion of Professionalism Course.

      1.   New Admittee Professionalism Course.  Except as otherwise provided in this rule, within one year after being admitted to the state bar, the applicant shall complete the state bar course on professionalism.

a.   A new admittee taking inactive status immediately upon admission is exempt from completing the course but shall complete it within 12 months of becoming an active member of the state bar.

b.   A new admittee who is an active member but neither resides nor practices law in Arizona is exempt from completing the course but shall complete it within 12 months of becoming a resident of or practicing law in Arizona.

      2.   Summary Suspension.  An applicant who fails to comply with the requirements of section 1 above, shall be summarily suspended from membership in the state bar, upon motion of the state bar pursuant to rule 52(d), provided that a notice by certified, return receipt mail of such non-compliance shall have been sent to the member, mailed to his last address of record in the state bar office at least thirty days prior to such suspension, but may be reinstated in accordance with these rules.

               Rule 35.          EXAMINATION REQUIREMENTS

(a)        Examination Dates and Places.  Two examinations will be held each year, one to begin in February and one to begin in July and at such locations as the Committee on Examinations, in its discretion, deems appropriate.  Applicants who have been granted permission to take the examination will be advised of the date and place not less than two weeks before the examination.

(b)        Examination Subjects.

      1.   Essay examination questions at each examination will be upon some, but not necessarily all, of the following subject matter areas:  contracts (including the Uniform Commercial Code except Articles 4, 5, 7 and 8); torts; criminal law; constitutional aspects of criminal procedure; corporations, partnerships, and other business organizations; trusts; wills; professional responsibilities; civil procedure; constitutional law (Arizona and federal); evidence; real property; and community property.

      In addition to those subjects listed above, applicants may be tested on any subject matter listed by the National Conference of Bar Examiners as areas of law to be tested on the Multistate Bar Examination.

      2.   The Committee on Examinations may utilize the Multistate Bar Examination sponsored by the National Conference of Bar Examiners and may utilize such grading or scoring system as the Committee deems appropriate in its discretion.

      3.   An applicant will be deemed to have satisfied the requirements of the Arizona bar examination if the applicant, during the examination session, achieves a score equal to or greater than the minimum acceptable score established by the Committee for such administration, under conditions which are consistent with the practices and procedures of the Committee on Examinations of the Supreme Court and of the National Conference of Bar Examiners.

      4.   The Committee on Examinations will file with the court thirty days before each examination the formula upon  which  the  Multistate  Bar  Examination results will be applied with the other portions of the total examination results.  In addition the Committee will file with the court thirty days before each examination the proposed formula for grading the entire examination.

      5.   Prior to being recommended by the Committee on Character and Fitness for admission to the State Bar of Arizona, an applicant, in addition to passing the bar examination administered by the Committee on Examinations, must pass a Professional Responsibility Examination, which shall be the Multistate Professional Responsibility Examination prepared and administered by the National Conference of Bar Examiners.  An applicant seeking to take the Multistate Professional Responsibility Examination shall file an application directly with, and pay the fees specified by, the National Conference of Bar Examiners.

      6.   The Committee on Examinations will file with the Supreme Court thirty (30) days before each administration of the Multistate Professional Responsibility Examination that score which will be the minimum acceptable score for that administration of the examination.

      7.   To be eligible to have his or her score on the Multistate Professional Responsibility Examination accepted by the Committee on Examinations, an applicant must submit proof satisfactory to the Committee that the applicant has taken the examination and received a minimum acceptable score within two (2) years of the successful bar examination.

(c)        Examination Grading. The semi-annual examinations shall not be oral.  All applicants who receive a passing grade on the examinations and who are found to be otherwise qualified under these rules shall be recommended for admission to the bar.

(d)        Subsequent Examinations.

      1.   An applicant failing to pass one examination may apply for two subsequent examinations if the applicant meets all requirements listed in Rule 34(c).  The application, in the form specified by Rule 34(a), shall be accompanied by the application and examination fees as established by the Court, such supporting documents specified in Rule 34(b) as the Committee on Character and Fitness may request and, if required by the Committee, such additional investigation fee as the Committee may determine is reasonably required to properly investigate the qualifications of such applicant.

      2.   An applicant who has filed for an examination and to be admitted to the state bar, and who withdraws such application or who fails to appear for or complete such examination and who desires to be admitted to a subsequent examination, shall make the same filings as if such applicant had written and failed the examination applied for. However, any applicant who fails an examination, withdraws from an examination, fails to complete an examination or does not appear for and write an examination, and who does not apply for and write the next succeeding examination, shall, if applying for any subsequent examination, file a new application with fees required for an original filing as if such applicant had never theretofore presented an application to the Committee on Character and Fitness.  The Committee, in its discretion, may allow such subsequent applicant access to the file previously made upon the previous application of such applicant for the purpose of removing therefrom and incorporating in a new application such papers and related matters as may appropriately be made a part of a new application.  No such papers or related matters may be incorporated in the new application by reference to a previously filed application.

      3.   An applicant who has passed the examination but has been denied admission by reason of the failure of such applicant to meet the standards required by rule 34(c) shall be permitted to make further application for admission to the Committee on Character and Fitness, and on a finding by the Committee that he or she then is qualified as to character and fitness, shall be recommended for admission under rule 33(a); provided, however, the subsequent application for admission must be filed within three years from the date of the denial.

      4.   An applicant taking and failing the examination three times will not be permitted to take a further examination, unless all requirements listed in Rule 34(c) are met, and the Committee on Examinations grants permission for the applicant to write another examination.  The applicant shall submit a written request to the Committee on Examinations stating the additional study and preparation that the applicant has made to qualify for further examination.  If the Committee finds reasonable cause to believe the applicant may successfully write a further examination, it shall grant permission to write the additional examination.

(e)        Proceedings Upon Failure to Receive Satisfactory Grade.  An applicant who receives a failing grade on the examination may proceed as follows:

      1.   Such applicant shall within the twenty (20) day period specified by the Committee on Examinations after results of such examination have been mailed, file a petition with the Committee on Examinations entitled “Petition for Review of Examination Papers of Applicant” and pay a fee established by the supreme court.

      2.   The petition shall be verified by the applicant personally and shall specifically enumerate the questions and answers claimed to have been unfairly graded and the particulars wherein it is claimed the grade awarded by the Committee on Examinations is unjustified by the merits of the answer.  No general claim of unfairness will be entertained by the Committee and any such petition which does not particularize and specify the exact and complete particulars of the claimed improper and unfair grading shall be dismissed summarily.

      3.   The petition shall state succinctly and with specificity the alleged error or errors in grading.  The petition shall not exceed fifteen (15) pages excluding exhibits, shall be typewritten in standard legal form, and styled as provided for other proceedings before the Committee on Character and Fitness.  The petition shall have attached a copy of applicant’s answer(s) which applicant claims to have been unfairly graded.  No other exhibits shall be attached to the petition by the applicant.  Any applicant filing a petition must provide an original and nine (9) copies and shall file the petition with the Committee on Examinations.  The only identifying mark to be placed on the petition is the number assigned to the applicant for taking the examination, which number shall serve as identification.  Any reference to the applicant’s other scores, economic status, social standing, gender, ethnicity, employment, personal relationship, letters of recommendation or other extraneous information is strictly prohibited and may result in the petition being rejected summarily by the Committee on Examinations.  The applicant shall pre-pay for any reproduction or copying cost incurred in connection with providing applicant copies of his or her examination books or other material requested by applicant at the standard rate then in effect for copies.

      4.   Upon receipt of such petition, the Committee on Examinations shall review the same and make such review of the applicant’s examination papers as the Committee believes to be necessary in order to properly evaluate the fairness of the grades awarded such applicant of which complaint is made.  The Committee need not convene as a body for the purposes of such review.

      5.   In the event the Committee on Examinations finds the examination was unfairly or improperly graded and that if properly and fairly graded in accordance with the standard used by the Committee in grading the examination generally that such applicant should have been awarded a satisfactory grade, the Committee shall thereupon certify the applicant with the recommendation that such applicant be admitted to practice in the same manner as if the applicant had been given a satisfactory grade upon the examination.

      6.   Following this review process, the Committee on Examinations’ decision regarding an applicant’s grade score is final and will not be reviewed by the Supreme Court absent extraordinary circumstances.

      7.  The Multistate Bar Examination (MBE), sponsored by the National Conference of Bar Examiners, if utilized by the Committee on Examinations, and the Multistate Professional Responsibility Examination (MPRE) shall be exempt from the review procedures heretofore prescribed.

               Rule 36.          PROCEDURE BEFORE THE COMMITTEE ON CHARACTER AND FITNESS

               (a)        The Committee on Character and Fitness shall, in determining the character and fitness of an applicant to be admitted to the state bar, review and consider the following:

      1.   Relevant Traits and Characteristics.  An attorney should possess the following traits and characteristics; a significant deficiency in one or more of these traits and characteristics in an applicant may constitute a basis for denial of admission:

A.  Honesty

B.   Trustworthiness

C.   Diligence

D.  Reliability
   E.   Respect for law and legal institutions, and ethical codes governing attorneys.

      2.   Relevant Conduct.  The revelation or discovery of any of the following should be treated as cause for further detailed investigation by the Committee on Character and Fitness prior to its determination whether the applicant possesses the traits and characteristics evidencing the requisite character and fitness to practice law:

A.  Unlawful conduct

B.   Academic misconduct

C.   Making a false statement, including omissions

D.  Misconduct in employment

E.   Acts involving dishonesty, fraud, deceit or misrepresentation

F.   Abuse of legal process

G.   Neglect of financial responsibilities

H.  Neglect or disregard of ethical or professional obligations

I.    Violation of an order of court

J.    Evidence of conduct indicating mental or emotional instability impairing the ability of an applicant to perform the functions of an attorney

K.  Evidence of conduct indicating substance abuse impairing the ability of an applicant to perform the functions of an attorney

L.   Denial of admission to the bar in another jurisdiction on character and fitness grounds

M.  Disciplinary complaints or disciplinary action by an attorney disciplinary agency or other professional disciplinary agency of any jurisdiction.

      3.   Evaluation of Relevant Conduct. The Committee on Character and Fitness shall determine whether the present character and fitness of an applicant qualifies the applicant for admission.  In making this determination, the following factors shall be considered in assigning weight and significance to an applicant’s prior conduct:

A. The applicant’s age, experience and general level of sophistication at the time of the conduct

B.   The recency of the conduct

C.   The reliability of the information concerning the conduct

D.  The seriousness of the conduct

E.   Consideration given by the applicant to relevant laws, rules and responsibilities at the time of the conduct

F.   The factors underlying the conduct

G.   The cumulative effect of the conduct

H.  The evidence of rehabilitation

I.    The applicant’s positive social contributions since the conduct

J.    The applicant’s candor in the admissions process

K.  The materiality of any omissions or misrepresentations by the applicant.

      4.   Determination of Character and Fitness; Recommendation Respecting Admission.

A.  The committee and its staff shall conduct a complete preliminary review of the applications based on the categories of relevant conduct listed in (a)(2).

B.   If it is determined that there is no conduct that falls within one of these categories, the committee shall recommend the applicant for admission, or recommend the applicant for admission pending the receipt of a passing score on the bar examination(s).

C.   If it is determined that there is conduct that falls within one of these categories, a committee member shall be designated to investigate as appropriate and evaluate whether, and to what extent, the applicant’s conduct should prevent the applicant’s admission.

D.  This committee member, after further investigation, if necessary, shall then either (i) dismiss the inquiry, or (ii) recommend that an informal or formal hearing be held.  The Committee shall review the recommendation that a formal hearing be held.

E.   In all cases in which the Committee determines that there are serious allegations of the conduct of the applicant that involve:

(i)      commission of a violent crime,

(ii)     fraud, deceit or dishonesty on the part of the applicant that has resulted in damage to others,

(iii)    neglect of financial responsibilities due to circumstances within the control of the applicant, or

(iv)        disregard of ethical or professional obligations

            the applicant shall not be recommended for admission, unless, at a minimum, an informal hearing is held, and, following the informal hearing, three or more Committee members who have attended the informal hearing or who have read the entire record of the informal hearing, or a majority of  those members who have attended the informal hearing or who have read the entire record of the informal hearing, whichever is greater, recommend admission of the applicant.  In the event that this requirement is not met, a formal hearing shall be held.  A majority of the Committee members shall attend the formal hearing to consider whether or not to recommend the applicant for admission.

F.   The Committee’s investigation or the informal or formal hearings may result in the following range of dispositional alternatives:

(i)      Recommend the applicant for admission;

(ii)     Recommend denial of admission;

(iii)    Recommend denial of admission which could be accompanied by a suggestion of re-application in the future upon the occurrence of specified circumstances;

(iv)    Require that the applicant provide additional information for review prior to a further recommendation;

(v)     Require the applicant to obtain assistance or treatment for a specified period in the case of current substance abuse or mental or emotional instability and provide appropriate evidence of his or her ability to engage in the practice of law prior to reconsideration for admission;

(vi)    Recommend the applicant for admission conditioned on compliance by the applicant with specified behavior for a specified period.  Bar counsel shall be responsible for monitoring and supervising the applicant during the conditional admission period.  In the event the applicant materially violates a term or terms of the conditional admission, bar counsel shall commence a discipline proceeding.  At the end of the conditional period, bar counsel shall forward a report to the Committee on Character and Fitness regarding the applicant’s completion or non-completion of the imposed terms. 

G.   Upon formal hearing, the Committee shall, by a majority vote, make a recommendation as to the dispositional alternatives set forth in (F) above.

Comment

The investigation conducted by the Committee on Character and Fitness should be thorough in every respect and should be concluded expeditiously.  It should be recognized that information may be developed in the course of the investigation that is not germane to the question of licensure and should be disregarded by the Committee.  Conduct of an applicant that is merely socially unacceptable or the exercise of constitutionally protected rights is not to be considered relevant to an applicant’s character and fitness for the practice of law.

(b)        Formal Deficiency in Application -- Procedure Applicable.  If the Committee on Character and Fitness finds that the application is deficient, the Committee shall so advise the applicant in writing of the deficiency in the application and shall allow a reasonable time to the applicant to either supply additional information to correct, explain in writing, or otherwise remedy the defects in such applicant’s application and supporting papers and documents as the case may be.  Thereafter, if such discrepancies have not been cured and if the reasons for the refusal of the Committee to grant permission to such applicant to take an examination are of record as a part of such applicant’s file, the Committee may thereupon deny such permission, stating in writing in the applicant’s file its reasons for denying permission to such applicant to take the examination, and shall promptly advise applicant of such denial and the reasons therefor.

(c)        Inquiries or Informal Hearings.  In the event additional information or documentation is required with respect to any applicant to enable the Committee on Character and Fitness, in its opinion, to complete the findings required before it recommends as to admission to the state bar with respect to character and fitness, it may: (1) Make an inquiry, either orally or in writing, to the applicant or any other person, for additional information or documentation, or (2) hold an informal hearing.  In all cases where the Committee determines that there are serious allegations of conduct of the applicant as specified in paragraph (a)4 E of this rule, an informal hearing shall be held.  Oral or written notice shall be provided to the applicant, which notice shall advise the applicant generally of the subject, or subjects, of the informal hearing and the time and place thereof.  Such inquiry or informal hearing may be conducted by any designated member, or members, of the Committee on Character and Fitness.  All informal hearings shall be stenographically recorded.  The Committee’s decision shall be in writing.  If the Committee’s recommendation is not to recommend admission, the proceedings shall be transcribed, a copy of the transcript made a part of the applicant’s file, and a formal hearing shall be held pursuant to paragraph (d) of this Rule.  If the Committee recommends admission with conditions, the Committee shall prepare a written decision containing findings and a recommendation outlining the conditions of the admission, and transmit this decision to the Court for review in accordance with paragraph (g)(2) of this rule.  The Committee’s decision shall be mailed to the applicant at the applicant’s last known address, and a copy shall be mailed to the applicant’s attorney of record, if applicable.

(d)        Formal Hearings; Notice.  The Committee shall hold a formal hearing, or formal hearings, as may be reasonably required and as required pursuant to this rule, to enable the Committee to pass upon the applicant’s qualifications.  Notice of such formal hearing or hearings shall be given to the applicant in writing, specifying:

      1.   The time, place and nature of the hearing.

      2.   The legal authority and jurisdiction under which the hearing is held.

      3.   A reference to the particular sections of the statutes and rules involved, if applicable.

      4.   A short plain statement as to the subject, or subjects, and purpose, of the hearing.

      5.   That the applicant may be represented by an attorney at the hearing, that the applicant shall be afforded an opportunity to respond and present evidence of all issues involved, and shall have the right of cross-examination.

      6.   That the applicant shall have the burden of proving, by a preponderance of the evidence, the requisite character and fitness qualifying the applicant for admission to the state bar.

(e)        Informal and Formal Hearings; Depositions, Subpoena and Appointment of Special Investigator.  Upon the issuance of the notice of informal or formal hearing, the proceeding shall be and is considered a civil matter pending before this court referred to the Committee on Character and Fitness for hearings, findings and decision as to the right of such applicant to be admitted to the state bar.  Proceedings shall be styled as follows:

BEFORE THE COMMITTEE ON
CHARACTER AND FITNESS OF THE
SUPREME COURT OF ARIZONA

In the Matter of the Application of    )
_____________________________  )
To be Admitted as a Member of the )
State Bar of the State of Arizona       )

      1.   Thereafter, all of the rules of civil procedure authorizing, relating to and governing depositions in civil proceedings within and outside the state shall become applicable and shall authorize and govern depositions desired either by applicant or by the Committee on Character and Fitness in connection with said hearing.

      2.   Either the Committee on Character and Fitness or the applicant shall be entitled to have subpoenas (including duces tecum) issued by the clerk of this court to require the attendance of witnesses at a deposition, informal hearing, formal hearing, and any continuance thereof.  The party desiring issuance of such subpoena shall file the application therefor with any justice of this court with a brief statement of the reasons for requiring such subpoena accompanied by a form of order authorizing the clerk of this court to issue such subpoena and the form thereof for issuance by the clerk.

      3.   In the event the Committee on Character and Fitness by vote of a majority of its members finds that the proposed formal hearing will be complex, or for  other reasons deemed sufficient, the Committee may certify to this court that in its opinion a special investigator should be appointed from state bar members to further investigate and present the evidence bearing upon the issue of the applicant’s qualifications to be admitted to the state bar.  Upon receipt thereof the chief justice of this court, provided he or she approves the need thereof, shall appoint such a special investigator to further investigate said matter and to present all available evidence at the formal hearing.  The foregoing provision shall not be deemed or construed as denying to the applicant the right to be represented by counsel of the applicant’s choosing who may represent applicant fully and independently of the duties and responsibilities of such special investigator.  

(f)         Conduct of Formal Hearings.

      1.   The applicant or the applicant’s attorney shall present evidence on behalf of the applicant at the hearing.  One or more members of the Committee on Character and Fitness, or an appointed special investigator, may present evidence on behalf of the Committee.  Any member of the Committee may be designated by the chairperson as the presiding member and such member shall make all evidentiary and procedural rulings.

      2.   The formal hearing shall be stenographically recorded and may be conducted without adherence to the Arizona Rules of Evidence.  Neither the manner of conducting the hearing nor the failure to adhere to the Rules of Evidence shall be grounds for reversing any decision by the Committee provided the evidence supporting such decision is substantial, reliable and probative.  Irrelevant, immaterial or unduly repetitious evidence shall be excluded.  The applicant shall have the right to be represented by counsel, to submit evidence and shall have the right of cross-examination.

      3.   Copies of documentary evidence may be received at the discretion of the presiding Committee member.  Upon request, any Committee member, an appointed special investigator, or the applicant, shall be given an opportunity to compare the copy with the original.

      4.   Notice may be taken of judicially cognizable facts.

      5.   The applicant shall have the burden of proving, by a preponderance of the evidence, the requisite character and fitness qualifying the applicant for admission to the state bar.

      6.   If a majority of the Committee is present at a formal hearing, a decision can be rendered.  If a majority of the Committee is not present, the transcript shall be made available to all members and thereafter, a decision shall be made by a majority of the Committee as soon as practicable.

      7.   The Committee’s final decision shall be in writing.  If the Committee recommends against admission, it shall make separate findings of fact.  If the Committee recommends admission with conditions, the Committee shall prepare a written decision containing findings and a recommendation outlining the conditions of the admission, and transmit this decision to the Court for review in accordance with paragraph (g)(2) of this rule.  The Committee’s final decision shall be mailed to the applicant at the applicant’s last known address, and a copy shall be mailed to the applicant’s attorney of record, if applicable.

(g)        Review by the Court.

      1.   Petition for Review.

            A.  An applicant aggrieved by any decision of the Committee on Examinations or the Committee on Character and Fitness may within twenty (20) days after such occurrence file a verified petition with this court for a review, except as provided in Rule 35(e)(6).  The petition shall succinctly and briefly state the facts that form the basis for the complaint, and applicant’s reasons for believing this court should review the decision of the Committee on Examinations or the Committee on Character and Fitness.

            B.  A copy of said petition shall be promptly served upon the secretary of the Committee from which the complaint arose and that Committee shall within fifteen days of such service transmit said applicant’s file, including all findings and reports prepared by or for either Committee, and a response to the petition fully advising this court as to that Committee’s reason for its decision and admitting or contesting any assertions made by applicant in said petition.  Thereupon this court shall consider the papers so filed together with the petition and response and make such order, hold such hearings and give such directions as it may in its discretion deem best adapted to a prompt and fair decision as to the rights and obligations of applicant judged in the light of that Committee’s and this court’s obligation to the public to see that only qualified applicants are admitted to practice as attorneys at law.

            2.  Review on Court’s Own Motion.  All recommendations for admission with conditions are subject to de novo review by the Court.  The Committee on Character and Fitness shall file its written decision recommending admission with conditions, along with the memorandum of understanding between the applicant and the Committee, with the clerk.  The Court may decline review, or it may grant review on its own motion.  If the Court declines review, the Committee’s recommendation for admission with conditions shall be final.  If the Court grants review, the Court may issue such orders as may be appropriate for its review including remanding the matter to the Committee for further action, ordering transmittal of the applicant’s file, ordering additional briefing and/or setting the matter for oral argument.  After receiving all the appropriate pleadings and record, the matter shall be deemed submitted to the Court for its decision.

               Rule 37.          MISCELLANEOUS ADMISSIONS PROVISIONS

(a)        Time Limitation on Admission.  No applicant shall be admitted to the practice of law in Arizona until he or she has successfully completed the Arizona bar examination, has satisfied the Multistate Professional Responsibility Examination requirements, and has been recommended for admission.  Failure to take the oath of admission and become a member of the bar within five years of successful bar examination will nullify and void all examination scores, and the applicant will be required to successfully retake all required examinations and comply with all required procedures relating to Character and Fitness determinations.

(b)               Taking Oath of Admission.  No applicant shall be admitted to the practice of law in Arizona unless he or she has taken the oath of admission to the State Bar of Arizona as prescribed by the Court, before a notary or other person authorized to administer oaths, and paid any applicable fees.  Any applicant who has been informed by the Court that he or she has been approved for admission shall be eligible to take the oath of admission on a form provided by the Court.  The form shall be subscribed by the applicant and the person administering the oath and upon its filing with the Clerk of the Court a Certificate of Admission shall be issued to the applicant.  Provided that all other requirements for admission have been satisfied, an applicant who wishes to be admitted in open court may do so on oral motion by a member of the Arizona Bar, and thereafter a Certificate of Admission shall be issued to the applicant.  No applicant is entitled to practice law in Arizona until the Certificate of Admission has been issued.

(c)        Retention and Confidentiality of Records of Applicants for Admission.  The records of applicants for admission to the state bar shall be retained for a period of seven years from the date applicant is admitted to the state bar or seven years from the last activity in the record.  The records of applicants for admission and the proceedings of the Committee on Character and Fitness concerning an application for admission shall remain confidential, except as is specifically otherwise provided in these rules.  The Committee on Character and Fitness may disclose the records of an applicant to:

      1.   The National Conference of Bar Examiners;

      2.   The bar of any other state to which the applicant seeks admission;

      3.   An attorney discipline enforcement agency; or 

      4.   An agency authorized to investigate the qualifications of judicial candidates.

(d)        Refund of Fees.  An applicant who submits an application for admission to the state bar with the Committee on Character and Fitness and who has paid the fees required by these rules and thereafter withdraws the application or fails to appear for the examination applied for shall be entitled to a partial refund as established by the supreme court of the fees paid, provided he or she notifies the Committee no later than the day immediately preceding the first day of such examination.  No part of the fees paid to the National Conference of Bar Examiners is refundable.  An applicant who is recommended for admission under Rule 35(e) shall be entitled to a refund of the entire examination fee in the event he or she has submitted an application for the examination subsequent to the one in which he or she has filed a petition for review.

            These rules were effective as of the month and year indicated on the cover page.

            It is your responsibility to ensure that you are applying for admission on the basis of the most current rules.