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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 10 Nov 2016 04:01 PM by  Martin Lynch
R-16-0029 Rules 31, Rules of the Supreme Court (Oath and Creed)
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State Bar of Arizona
New Member
Posts:26 New Member

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08 Jan 2016 05:14 PM
    R-16-0029

    Petition to Amend the Oath of Admission to the Bar & Lawyer's Creed of Professionalism

    Would harmonize the Oath with the Arizona Loyalty Oath of Office and Rule 32(c)(3), Rules of the Supreme Court, and would emphasize additional areas in the Creed based on practical experience since the Creed was originally adopted

    Petitioner:
    John A. Furlong, Bar No. 018356
    General Counsel, State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    Telephone: 602-340-7236
    Fax: 602-416-7436
    john.furlong@staff.azbar.org
    patricia.seguin@staff.azbar.org

    Date of Filing: January 8, 2016

    Comments due on or before May 20, 2016.

    Continued.

    The proposed changes to the Oath of Admission, Lawyer's Creed of Professionalism, and Rule 41, Rules of the Arizona Supreme Court, will be circulated for comment. Comments due October 28, 2016.

    ADOPTED as modified, effective January 1, 2017.
    Attachments
    Carol Mitchell
    New Member
    Posts:7 New Member

    --
    20 May 2016 03:35 PM
    Hon. Lawrence F. Winthrop
    Attorney Regulation Advisory Committee
    1501 W. Washington, Phoenix, AZ 85007
    602-542-1430
    Attachments
    Dianne Post
    New Member
    Posts:2 New Member

    --
    06 Oct 2016 12:04 PM

    Dianne Post, Bar No. 006141
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602-271-9019
    postdlpost@aol.com
    Central Arizona National Lawyers Guild
    Attachments
    Joseph Domanico
    New Member
    Posts:14 New Member

    --
    17 Oct 2016 04:24 PM
    WILLIAM G. MONTGOMERY
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 00032000)

    MARK FAULL
    CHIEF DEPUTY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBER 011474)
    faull@mcao.maricopa.gov

    R-16-0029

    MARICOPA COUNTY ATTORNEY’S RESPONSE TO PETITION TO AMEND RULE 31, RULES OF THE SUPREME COURT
    Attachments
    Linda Koschney
    New Member
    Posts:43 New Member

    --
    31 Oct 2016 02:17 PM
    Mauricio R. Hernandez, No. 020181
    PO Box 7347
    Goodyear, AZ 85338
    (623) 363-2649
    mo@lawmrh.com
    Attachments
    Carol Mitchell
    New Member
    Posts:7 New Member

    --
    02 Nov 2016 04:48 PM
    Hon. Lawrence F. Winthrop, Chair
    Attorney Regulation Advisory Committee
    1501 W. Washington St., Phoenix, AZ 85007
    602-542-1430

    Attorney Regulation Advisory Committee comment is respectfully filed.
    Attachments
    Martin Lynch
    New Member
    Posts:18 New Member

    --
    10 Nov 2016 04:01 PM
    Supreme Court Rules 31 and 41 Attorney Oath – Truth in Advertising

    The problem with even having an oath for attorneys is that the People of Arizona who are supposed to be served and their Rights protected by the Judicial Branch of Government might reasonably expect all attorneys to abide by and to be bound by their oath.
    Is the Code of Conduct which resides on AzBar.org in keeping with the oath? Does the Code of Conduct specifically state that attorney conduct must conform with the oath as delineated everywhere including Rule 31, 32 and 41? If there exists elements of the oath that do not conform to the code of conduct and attorneys are not bound to conform with anything in the oath then we would need to eliminate these items which everyone (except the People of Arizona) knows will never be enforced.
    The court might say that attorneys do conform to their code of conduct and if not, they are appropriately sanctioned by the State Bar. I might say that the State Bar does not come close to adequately enforcing the ethical conduct of attorneys and protecting the Public. Who is right? The court has no surveys or data to measure client satisfaction. I only have my own personal experience and the experience of others that I know of to support my opinion.
    The court is certainly smart enough to craft and implement a data collection regimen but since no such thing exists, it is reasonable to presume that the courts just don’t want to. It is subsequently reasonable to presume that the results of such a survey would not reflect positively on the performance of attorney compliance with the code of conduct.

    The Bottom Line: Don’t put anything into an oath which has no means of enforcement or verification thereof. To do anything else would constitute a fraud upon the People of Arizona.


    /s/ Martin Lynch
    1120 W Broadway Rd, #55
    Tempe AZ 85282
    mlcontact@wethepeoplecourtservicesaz.org
    602-550-6304
    Attachments
    Topic is locked