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NEW! The Court acted on many pending rule petitions at its August 29, 2017 Rules Agenda.  

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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 
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Last Post 13 May 2010 03:04 PM by  tsdraegeth
R-10-0016 Petition to Repeal or Amend Rule 45 of the Rules of Supreme Court
 4 Replies
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eheld
Posts:

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08 Jan 2010 11:07 PM
    R-10-0016
    PETITION TO REPEAL OR AMEND RULE 45, RULES OF THE SUPREME COURT

    WOULD REPEAL MANDATORY CONTINUING LEGAL EDUCATION OR, ALTERNATIVELY, EXEMPT LAWYERS FROM COMPLYING WITH MCLE REQUIREMENTS FOR TEN YEARS FROM THE DATE OF ADMISSION TO THE BAR OR UNTIL LAW SCHOOL DEBT IS PAID, WHICHEVER IS EARLIER

    Petitioner:
    Eliot M. Held
    322 Karen Ave. #1003
    Las Vegas, NV 89109
    (520)404-6974
    emheld@mac.com
    AZ Bar No. 027347

    Filed January 9, 2010

    Comments are due May 20, 2010.

    REJECTED, August 31, 2010.

    Attachments
    tsdraegeth
    Posts:

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    12 Feb 2010 10:25 PM
    Trevor S. Draegeth
    203 E. Brearley Drive,
    Oro Valley, AZ 85737
    (520) 505-0166
    tsdraegeth@gmail.com
    Bar Number: 027464

    Mr. Held,

    Your core argument is both persuasive and pointed, and I support your call for a full repeal. However, I take issue with the "until law school debt is paid" exemption. Firstly, given that the petition suggests that CLE is unnecessary, providing an exemption based only on debt incurred suggests that legal knowledge should somehow be linked to borrowing patterns. I appreciate your attempt to add a "lighter" option to your petition by removing the burden only from the (potentially) most burdened class of attorneys. This attempt is based only on the traditional student, though, as it does not take into account those students who may have postponed attending law school in order to save up the necessary funds to avoid going into debt, or who may have acquired the money from other sources. Additionally, your alternate wording leaves open time-consuming debate about how to define "debt" (Opportunity costs lost while in law school? Savings redirected? Home newly mortgaged? Private debt to family that may not be independently verifiable?).

    Your request that Rule 45 be wholly repealed is the superior course. Even if the antiquated concept of a supervised, paternalistic continuing education remains in our state, it need not be mandatory. The free market, with all its potential for disappointed clients going elsewhere (or, in the extreme, malpractice judgments), can and will regulate attorneys and provide for their continuing education while maintaining the quality of the Arizona bar. Malpractice insurers can and will require continuing education, and may become more vigilant in the absence of bar requirements.

    Particularly during a deep nationwide and statewide recession, and a state budgetary shortfall, the efforts (and resources) of our bar and Supreme Court would be better spent elsewhere than mandating expensive post-post-graduate schools for attorneys.

    ecrowley
    Posts:

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    12 May 2010 12:58 PM
    John A. Furlong, Bar No. 018356
    General Counsel
    STATE BAR OF ARIZONA
    4201 N. 24th Street, Suite 200
    Phoenix, Arizona 85016-6288
    (602) 252-4804
    john.furlong@staff.azbar.org
    Attachments
    eheld
    Posts:

    --
    12 May 2010 09:39 PM
    Eliot M. Held
    322 Karen Ave. #1003
    Las Vegas, NV 89109
    (520)404-6974
    eheld@alumni.nd.edu
    AZ Bar No. 027347

    Reply to State Bar Comment
    Attachments
    tsdraegeth
    Posts:

    --
    13 May 2010 03:04 PM
    Trevor S. Draegeth
    203 E. Brearley Drive,
    Oro Valley, AZ 85737
    (520) 505-0166
    tsdraegeth@gmail.com
    Bar Number: 027464

    Reply to State Bar Comment
    Attachments
    Topic is locked