Ariz. R. Sup. Ct. 33

As amended through December 6, 2023

Rule 33 - Committees; Practice

(a)Committees.

1.Composition of Committees. The examination of applicants and their admission to the practice of law 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 twelve or more members in good standing of the state bar, and the Committee on Character and Fitness shall consist of eleven or more members in good standing of the state bar and four or more nonlawyer members of the public. Nonlawyer members shall have the same powers and duties of the lawyer members, as provided in these rules. The Chair of the Committee on Examinations and the Chair of the Committee on Character and Fitness shall each serve as liaison members of the other Committee.

2.Appointment of Members. Considering geographical, gender, and ethnic diversity, the members of each committee shall be appointed in the following manner. The chair and one or more vice chairs of each committee shall be appointed by the Court. The remaining members of the committees shall be appointed by the Court, upon the recommendation of the Board of Governors of the State Bar of Arizona, which shall recommend at least three names for each appointment to be made. Members of the two Committees shall serve at the pleasure of the Court and may be removed from a Committee at any time by order of the Court. A member of either Committee may resign at any time.

3.Terms of Office. Members of the two Committees shall be appointed for an initial term of four (4) years and may be reappointed. A member whose term has expired shall continue to serve until a replacement is appointed, or until the member's participation in all matters begun during the member's term have been concluded. If a vacancy due to resignation or inability of a committee member to serve, the Court shall appoint another person to serve the unexpired term.

4.Powers and Duties of Committees. 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 Rule 39(a).

Ariz. R. Sup. Ct. 33

Amended Dec. 19, 1988. effective 1/1/1989; 3/12/1990, effective 6/1/1990; 7/9/1991, effective 10/1/1991; (temporary basis)1/21/1993, emergency effective 2/1/1993, adopted in final form 6/24/1993; 6/30/1994, effective 12/1/1994. Amended April 22, 1998, effective 6/1/1998; 10/2/1998, effective12/1/1998. Amended and effective 4/14/1999; 5/31/2000, effective 6/1/2000; 10/22/2001, effective 12/1/2001. Amended May 31, 2002, effective 9/1/2002; 6/8/2004, effective8/1/2004; 6/9/2005, effective 12/1/2005; 8/30/2012, effective1/1/2013; amended effective 5/1/2020; amended Aug. 27, 2020, effective 1/1/2021; amended Aug. 24, 2023, effective 1/1/2024.

COMMENT

The revisers did not address the substance of former rule 28, but simply broke it into new rules 33-40, for clarity and consistency in format.

HISTORICAL NOTES

Source:

Laws 1933, Ch. 66, §§ 49, 51.

Code 1939, §§ 32-349, 32-351.

Rules Sup.Ct., Rule I, Code 1939, Supp. 1952.

A.R.S. former § 32-261.

Laws 1977, Ch. 61, § 1.

Laws 1978, Ch. 85, § 1.

Laws 1978, Ch. 201, § 530.

Laws 1979, Ch. 143, § 1.

Former Rule 28(a) to (c)(I).

An Order dated January 9, 2002, provided in part

"IT IS ORDERED suspending the amendments to Rule 33(d), Arizona Rules of the Supreme Court, as adopted on October 9, 2001, for ninety (90) days from the date of this Order.

"IT IS FURTHER ORDERED continuing all motions seeking reconsideration of the Order amending Rule 33(d).

"IT IS FURTHER ORDERED that any person, association or public agency interested in the amendment of Rule 33(d), as adopted on October 9, 2001, shall, on or before February 10, 2002, file a petition to adopt, amend, or repeal Amended Rule 33(d), in accord with Rule 28, Arizona Rules of the Supreme Court."

Editor's Note: The Arizona Supreme Court No. R-04-0032 stated: "[Subsections (d) (Admission Pro Hac Vice), (e) (Full Time Law School Faculty Members), and (f) Foreign Legal Consultants have been moved to Rule 38(a), (b), and (c).]". However, Rule 38 was also amended by R-04-0026. The Arizona Chief Staff Attorney's Office reconciled the two versions.