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Last Post 22 May 2007 12:48 PM by  ecrowley
R-05-0021 Petition to Amend Rules 53, 31(a)(2) and 41(g), Arizona Rules of the Supreme Court.
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ggraham
Posts:

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19 Apr 2006 09:07 AM
    R-05-0021

    PETITION TO AMEND RULES 53, 31(a)(2) AND 41(g), ARIZONA RULES OF THE SUPREME COURT

    TO DEFINE "UNPROFESSIONAL CONDUCT"; ENUMERATE THE DUTIES AND OBLIGATIONS OF MEMBERS; PROVIDE GUIDANCE TO LAWYERS ABOUT THE EXPECTATIONS OF PROFESSIONALISM; REINSTATE LANGUAGE THAT ENUMERATES VIOLATIONS OF THE OATH AS GROUNDS FOR DISCIPLINE

    Petitioner:
    Robert B. Van Wyck, Chief Bar Counsel,
    State Bar of Arizona
    4201 North 24th Street, Suite 200
    Phoenix, AZ 85016-6288
    (602) 252-4804
    Bar No. 007800

    Filed August 22, 2005

    ORDER ISSUED DECEMBER 8, 2006:

    The Court previously accepted public comments on the Petition in this matter. Based, in part, on the comments received, the Court declines to adopt the State Bar’s proposed amendments. Because the Court agrees, however, that the Petition raises a serious and important issue, it has decided to open for further public comment two alternative proposals. Therefore,

    IT IS ORDERED that the proposals attached hereto, Alternative # 1 and Alternative # 2, shall be opened for public comment pursuant to Rule 28(C), Rules of the Supreme Court. Comments shall be due on or before May 21, 2007.


    COMMENT PERIOD CLOSED AS OF MAY 21, 2007.

    Alternative #1 ADOPTED as modified, effective January 1, 2008.
    Attachments
    spickard
    Posts:

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    05 May 2006 10:34 AM
    Committee on Superior Court
    Judge James A. Soto, Chair
    1501 W. Washington St. Ste. 410
    Phoenix, Arizona 85248

    IN THE ARIZONA SUPREME COURT


    In the matter of AMENDED PETITION ) R-05-0021
    TO AMEND RULES 53, 31(a)(2) )
    AND 41(g), ARIZONA RULES OF THE )
    SUPREME COURT ) COMMENT ON PETITION ) PETITION
    _____________________________________)

    On February 10, 2006, the Committee on Superior Court (Committee) received a presentation from Mr. Robert B. Van Wyck, Chief Bar Counsel regarding the Amended Petition to Amend Rules 53, 31(a)(2) and 41(g), Arizona Rules of the Supreme Court. The Committee approved a motion to form a subcommittee to study this petition further, and if determined necessary, draft and submit comment. The subcommittee, consisting of Judge Richard S. Fields, Judge Robert Duber II, Judge Fred Newton, Ms. JoJene Mills and Mr. Robert Van Wyck, met twice and recommended that the Committee submit the following:

    The Committee recommends that the Supreme Court approve the Amended Petition to Amend Rules 53, 31(a)(2) and 41(g), Arizona Rules of the Supreme Court with the following comments and acknowledgements:

    (1) The purpose of the proposed Rule change is to narrow the definition of unprofessional conduct.

    (2) The Committee understands that the proposed Rule change is not an expression of intent by the Arizona State Bar to expansively increase its current level of enforcement relative to unprofessional conduct.

    (3) The Rule change proposal envisions expanded implementation of Peer Review and/or Diversion as the preferred initial step for complaints involving unprofessional conduct as recommended by the Professionalism Task Force, unless the circumstances of the referral to the Arizona State Bar indicate otherwise.

    RESPECTFULLY SUBMITTED this 3rd day of May, 2006.

    By Original Signed
    Judge James A. Soto

    Electronically submitted this
    5th day of May, 2006 to:
    Clerk of The Court
    Supreme Court of Arizona
    Rules Comment Forum

    Copies of the foregoing
    sent this 5th day of May 2006 to:

    Robert B. Van Wyck
    Chief Bar Counsel
    State Bar of Arizona
    4201 North 24th Street, Suite 200
    Phoenix, Arizona 85016-6288

    ggiordano
    Posts:

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    18 May 2006 10:51 AM
    From: Gerald F. Giordano, Jr.
    Snell & Wilmer L.L.P.
    1 S. Church, Suite 1500
    Tucson, AZ 85701
    Ph: 520-882-1214
    Fax: 520-884-1294
    E-mail: [email protected]
    Bar #: 019097

    I am a member of the State Bar of Arizona and the Pima County Bar Association. I understand that the State Bar supports this rules change, while the PCBA opposes it.

    I support this change to the Arizona Rules of the Supreme Court.
    lorosco
    Posts:

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    24 May 2006 06:07 PM
    [Comment] [Richard A. Alcorn, Esq.]
    Attachments
    lkoschney
    Posts:

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    30 May 2006 07:49 PM
    Philip J. MacDonnell
    Chief Deputy Maricopa County Attorney
    301 W Jefferson St
    Phoenix, AZ 85003
    602-506-3800
    AZ State Bar No 003813
    Attachments
    ecrowley
    Posts:

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    31 May 2006 07:40 PM
    Robert A. Kerry, Esq.
    P.O. Box 86025
    Tucson, AZ 85754
    Tel: 520-792-4581
    Fax: 520-622-2621
    Attachments
    domanico
    Posts:

    --
    18 May 2007 07:08 PM
    R-05-0021 Rules 53,31(a)(2)and 41(g), Rules of the Supreme Court

    ANDREW P. THOMAS
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 0003200)

    PHILIP J. MACDONNELL
    CHIEF DEPUTY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    FAX NUMBER: (602) 506-8102
    TELEPHONE: (602) 506-3800
    EMAIL: [email protected]
    (STATE BAR NUMBER 003813)

    MARICOPA COUNTY ATTORNEY’S RESPONSE TO AMENDED PETITION TO AMEND RULES 53, 31(a)(2), AND 41(g), THE ARIZONA RULES OF THE SUPREME COURT
    Attachments
    ecrowley
    Posts:

    --
    22 May 2007 12:48 PM
    Amended Petition to Amend
    Rules 53, 31(a)(2) and (41(g),
    Arizona Rules of the
    Supreme Court

    Robert B. Van Wyck, Chief Bar Counsel
    Bar No. 007800
    State Bar of Arizona
    4201 N. 24th St., Suite 200
    Phoenix, Arizona 85016-6288
    (602) 340-7241
    Attachments
    Topic is locked