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Last Post 21 Oct 2019 11:20 AM by  Michelle Martinez
R-19-0040 Petition to Amend Rule 56, Ariz. R. Sup. Ct.
 4 Replies
Author Messages
bcrmember
New Member
Posts:19 New Member

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03 Sep 2019 11:42 AM
    Maret Vessella, Bar No. 019350
    Chief Bar Counsel, State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    [email protected]

    Would authorize bar counsel to enter into diversion agreements with state bar discipline case respondents during investigation as well as intake.

    Filed 09/03/2019


    Comments must be submitted on or before October 21, 2019.

    Replies must be submitted on or before November 1, 2019.

    ORDERED: Petition to Amend Rule 56 of the Arizona Rules of Supreme Court (Expedited Consideration Requested) = ADOPTED as modified, effective January 1, 2020.
    Attachments
    Yolanda Fox
    Basic Member
    Posts:225 Basic Member

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    26 Sep 2019 07:38 AM
    Mark Harrison
    2929 North Central Avenue
    Twenty-First Floor
    Phoenix, AZ 85012-2793
    (602) 640-9324
    [email protected]

    R-19-0040 Petition to Amend Rule 56, Ariz. R. Sup. Ct.

    This proposed rule change makes very good sense and is entirely consistent with the philosophy underlying the comprehensive change in the rules adopted by the Court in 2011. In fact, in the recent "Operational Review" of the Discipline Process submitted to the Court in July, 2019, two of the specific problems identified were the failure of bar counsel to effect diversion at the intake stage more frequently and the inability of bar counsel to obtain a diversion agreement without going to the ADPCC (p. 16, Operational Review). I strongly support the proposed revision to Rule 56(c) because it would enable bar counsel to effect diversion without going to the ADPCC and is entirely consistent with the philosophy underlying the 2011 rule changes -- to focus more on prophylactic, remedial solutions rather than on sanctions.

    bcrmember
    New Member
    Posts:19 New Member

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    27 Sep 2019 11:10 AM
    Maret Vessella, Bar No. 019350
    Chief Bar Counsel, State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    [email protected]

    The State Bar of Arizona’s Rule Petition filed on September 3, 2019, noted that the Petition was filed subject to the State Bar Board of Governor’s approval. That approval was granted at the Board meeting on September 27, 2019.
    PCBA
    New Member
    Posts:11 New Member

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    10 Oct 2019 09:39 AM
    Commenter:
    James W. Rappaport

    Committee:
    Pima County Bar Association, Rules Committee

    Mailing address:
    177 North Church Avenue
    Tucson, AZ 85701

    Phone Number:
    520-623-8258

    Email address:
    [email protected]

    Bar Number:
    031699

    Summary:
    Comment in support of the State Bar of Arizona's Petition.
    Attachments
    Michelle Martinez
    New Member
    Posts:12 New Member

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    21 Oct 2019 11:20 AM
    Hon. Lawrence F. Winthrop
    Chair, Attorney Discipline Probable Cause Committee
    1501 W. Washington St., Ste. 104
    Phoenix, AZ 85007

    Phone: (602) 452-3378

    Summary: Comment by the Attorney Discipline Probable Cause Committee in Support of Rule Change
    Attachments


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