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Last Post 16 May 2008 06:01 PM by  sgeofeldman
R-07-0029 Rule 38(a) of the Rules of the Supreme Court
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StateBarAZ
Posts:

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21 Dec 2007 03:53 PM
    R-07-0029

    A PETITION TO AMEND SUPREME COURT RULE 38(a)

    TO INCREASE FUNDING TO OUR STATE'S LEGAL SERVICES PROVIDERS

    Petitioner:
    Robert B. Van Wyck
    Chief Bar Counsel
    State Bar of Arizona
    4201 North 24th Street, Suite 200
    Phoenix, Arizona 85016
    Phone: (602) 252-4804
    Fax: 602-271-4930
    Bar No. 007800

    Filed December 21, 2007

    Comments due on May 20, 2008.

    ADOPTED as modified, effective January 1, 2009.

    Attachments
    sgeofeldman
    Posts:

    --
    16 May 2008 06:01 PM
    Commenter's Name: Stanley G. Feldman
    Mailing Address: One South Church Avenue, Suite 900
    Tucson, Arizona 85701-1620
    Telephone Number: 520-792-3836
    Fax Number: 520-624-5080
    E-mail Address: [email protected]
    Bar Number: 000838

    Comment:

    This rule change would increase the fees paid by pro hac vice attorneys by fifteen percent, thereby equalling the dues paid by active members of the State Bar of Arizona. The additional revenue would be allocated to the Arizona Foundation for Legal Services and Education and would be used to fund organizations that provide legal services to indigent persons in civil cases.

    Given the difficult economic times that have worsened and will continue to worsen the financial situation of our poorest citizens, it is imperative that we do whatever we can to provide those citizens with legal help and relief whenever and wherever possible. The cost of legal services is so high these days that many in the so-called middle class cannot afford legal services. Economically disadvantaged people and those facing foreclosure proceedings after the housing bubble burst are simply unable to afford legal assistance. Matters may well get worse in the future.

    I believe the bar has the obligation to do as much as it can to address the problem. As the court is aware, legal services organizations are underfunded as it stands now and will be even more unable to meet the increased needs resulting from a deteriorating economic situation.

    The increase in pro hac vice fees will, for the most part, apply to lawyers who represent clients well able to afford the minor increase in fees. In my view, therefore, this increase will not affect access to our system of justice. The indigent, on the other hand, many times have no access at all to our system of justice. The fairly small amount of money involved will not cure the problem but will help at least some few in dire need.
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