Jennifer R. Albright
Senior Policy Analyst
Administrative Office of the Courts
Phoenix, Arizona 85282
Tel: 602-452-3453
Email: [email protected]

Pursuant to Rule 28(a), Ariz. R. Sup. Ct., Petitioner respectfully requests this Court to amend the Arizona Rules of Supreme Court related to diversion to remedy an unintended amendment caused by Rule Petition R-20-0034. Petitioner requests expedited adoption of the proposed rule amendment as permitted by Rule 28(g)(1), Ariz. R. Sup. Ct. and that the Court consider adopting the amendment requested herein on an emergency basis pursuant to Rule 28(g)(2) at its December 2021 Rules Agenda subject to comment in on whether to adopt the proposed amendment on a permanent basis. The amendment to Rule 56(c) sought by this Petition would amend the rule language to allow a diversion agreement between bar counsel and respondent after an investigation as previously allowed by this Court’s 2019 order amending Rule 56(c).

Would amend Rule 56 of the Rules of the Supreme Court of Arizona to include a provision expanding the authority of bar counsel to enter diversion agreements, which was originally adopted by the Court in R-19-0040 but was inadvertently abrogated in R-20-0034.

Comments due no later than May 1, 2022.
Reply due no later than June 1, 2022.