Ariz. R. Sup. Ct. 54

As amended through August 22, 2024

Rule 54 - Grounds for Discipline

Grounds for discipline of members, including affiliate members, non-members, and alternative business structures include the following:

(a)Violation of a rule of professional conduct. This includes violations of professional conduct rules in effect in any jurisdiction.

(b)Violation of a canon of judicial conduct.

(c)Knowing violation of any rule or any order of the court. This includes court orders issuing from a state, tribe, territory or district of the United States, including child support orders.

(d)Violation of any obligation pursuant to these rules in a disciplinary or disability investigation or proceeding. Such violations include, but are not limited to, the following:

1.Evading service or refusal to cooperate. Evading service or refusal to cooperate with officials and staff of the state bar, the committee, the presiding disciplinary judge, a hearing panel, or a conservator appointed under these rules acting in the course of that person's duties constitutes grounds for discipline.

2.Failure to furnish information. The failure to furnish information or respond promptly to any inquiry or request from bar counsel, the board, the committee, the presiding disciplinary judge, a hearing panel, or this court, made pursuant to these rules for information relevant to pending charges, complaints or matters under investigation concerning conduct of a lawyer, or failure to assert the ground for refusing to do so constitutes grounds for discipline. Nothing in this rule shall limit the lawyer's ability to request a protective order pursuant to Rule 70(g). Upon such inquiry or request, every lawyer:

A. shall furnish in writing, or orally if requested, a full and complete response to inquiries and questions;

B. shall permit inspection and copying of the lawyer's business records, files and accounts;

C. shall furnish copies of requested records, files and accounts;

D. shall furnish written releases or authorizations where needed to obtain access to documents or information in the possession of third parties including, in the case of inquiries into the physical or mental capacity of a lawyer, written releases or authorizations needed to obtain access to medical, psychiatric, psychological or other relevant records and opinions; and

E. shall comply with discovery conducted pursuant to these rules.

(e)Violation of a condition of probation or diversion.

(f)Violation of a condition of admission imposed by the court or the Committee on Character and Fitness pursuant to Rule 36(a)(4)(D).

(g)Conviction of a crime. A lawyer shall be disciplined as the facts warrant upon conviction of a misdemeanor involving a serious crime or of any felony. "Serious crime" means any crime, a necessary element of which, as determined by the statutory or common law definition of such crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, willful extortion, misappropriation, theft or moral turpitude. A conspiracy, a solicitation of another or any attempt to commit a serious crime, is a serious crime. Receipt by the state bar of a certified copy of the judgment of conviction, or other information of conviction of a lawyer, shall be treated and processed as is any other charge against a lawyer, except that the sole issue to be determined shall be the extent of the discipline to be imposed. In any discipline proceeding based on the conviction, proof of conviction shall be conclusive evidence of the attorney's guilt of the crime. Lawyers shall comply with the duty to self-report convictions as set forth in Rule 61(c)(1).

(h)Discipline imposed in another jurisdiction.

(i)Unprofessional conduct as defined in Rule 41(a).

(j) Violations of ACJA § 7-209.

(k) Violations of ACJA § 7-210.

Ariz. R. Sup. Ct. 54

Added June 9, 2003, effective 12/1/2003. Amended Sept. 5, 2007, effective 1/1/2008;9/16/2008, effective 1/1/2009;9/29/2008, effective 1/1/2009. Renumbered from Rule 53 and amended June 30, 2010, effective 1/1/2011. Amended Aug. 30, 2012, effective 1/1/2013; amended Aug. 27, 2020, effective 1/1/2021.

HISTORICAL NOTES

Source:

Pen.Code 1901, §§ 158, 159.

Pen.Code 1913, §§ 152, 153.

Laws 1925, Ch. 32, §§ 2, 3, 11.

Rev.Code 1928, §§ 201, 202, 206, 4569.

Laws 1933, Ch. 66, §§ 32, 49, 51.

Code 1939, §§ 32-201, 32-202, 32-206, 32-332, 32-349, 32-351, 43-3304.

A.R.S. former §§ 32-261, 32-264, 32-266, 32-267, 32-272, 32-273.

Laws 1977, Ch. 61, § 1.

Laws 1978, Ch. 85, § 1.

Laws 1978, Ch. 201, §§ 530, 532.

Laws 1979, Ch. 143, § 1.

ABA Model Rules 9(A), 9(F), 18A to H.

Sections 51(k)-(l): revisers' additions.

Former Rules 29(b)(2) to 29(b)(9), 29(c) and (d).

Washington Proposed Rules 1.1(a), 13.2.

Former Rules 51, 57.

Former Rule 53, amended July 20, 1989, effective Sept. 1, 1989; Dec. 12, 1991, effective Jan. 1, 1992; Jan. 30, 1995, effective June 1, 1995; July 12, 1995, effective Dec. 1, 1995; Oct. 30, 1996, effective Dec. 1, 1996, amended and effective April 14, 1999; Sept. 24, 1999, effective Dec. 1, 1999; May 31, 2000, effective Dec. 1, 2000; Jan. 22, 2002, was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.