Dave Byers
Executive Director, Administrative Office of Courts
As Member and on Behalf of Task Force on the Delivery of Legal Services
State Courts Building
1501 West Washington
Phoenix, Arizona 85007
Telephone: (602) 452-3301

***A supplemental petition was filed on March 31, 2020, to align the proposed amendments in R-20-0007 with Rule 39(c), effective May 1, 2020. This was necessary because Rule 38(d) requirements will be located in Rule 39(c) effective May 1, 2020. The Summary of Proposed Changes in section II. of the original petition, as to limited practice for law students and law graduates, continues to be a true reflection of the proposed amendments that now appear in the Appendix to the Supplemental Petition. No substantive changes, other than which Rule the proposed amendments will appear in, are made by this Supplemental Petition.***

Although Rule 38(d) currently allows recent law graduates to engage in a limited practice of law until the first offering of the Arizona bar examination, the rule was drafted in a way that downplayed or masked this opportunity for recent law graduates. Further, current Rule 38(d) is unduly complicated and unclear in large part and fails to include certain program essentials. Thus, the amendments proposed in this petition revise and reorganize the rule for clarity and substantive completeness. As revised, the proposed rule sets out the program requirements and practice restrictions for both law students and recent law graduates in a clear, organized, consistent, and complete manner.

Amends Supreme Court Rule 38(d) to clarify the requirements for student practice and to include recent law school graduates

Filed January 9, 2020.
***Supplemental Petition filed March 31, 2020.***

First set of comments must be submitted on or before May 1, 2020.

Second set of comments must be submitted on or before May 31, 2020.

Replies must be submitted on or before June 1, 2020.

ORDERED: Petition to Amend Arizona Rule of the Supreme Court 39(c) = ADOPTED on a permanent basis as modified, effective January 1, 2021.