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Last Post 21 May 2018 04:00 PM by  State Bar of Arizona
R-17-0044 Rule 43, Rules of the Supreme Court
 3 Replies
Topic is locked
Author Messages
Linda Koschney
New Member
Posts:43 New Member

06 Jul 2017 12:55 PM
    Jack Levine SBN 001637
    777 E. Thomas Rd., Suite 250
    Phoenix, AZ 85014
    Ph: 602-395-9000
    E:mail: [email protected]

    Would amend Rule 43, Arizona Rules of the Supreme Court to encourage overdraft protection for client trust accounts; set procedures for rectifying overdrafts and giving notice to the state bar of failure to rectify overdrafts; and to require lawyers to leave untouched client trust account deposits in excess of $5,000 for ten days to allow checks to clear.

    Filed July 3, 2017

    Comments must be submitted on or before May 21, 2018.

    ORDERED: Petition to Amend Rule 43, Rules of the Supreme Court = DENIED.
    New Member
    Posts:12 New Member

    18 May 2018 04:50 PM
    Hon. Valerie Wyant, President
    Arizona Association of Superior Court Clerks
    200 N San Francisco St
    Flagstaff, AZ 86001

    The Arizona Association of Superior Court Clerks opposes the petition to modify Arizona Supreme Court Rule 43. The proposal would allow attorneys to submit payment to the Clerks from an account with insufficient funds. When a form of payment cannot be fulfilled, Clerk’s office staff become recovery agents. This time-intensive task is a disservice to the filing public and is minimized under the existing system where the person who holds the account is responsible for managing that account. As a result of attorneys who have repeatedly bounced checks, some Clerk’s offices currently require those attorneys to pay their fees and bonds in cash or in verifiable funds. This extra step and administrative process is also time consuming and cumbersome. The Clerks oppose the petitioner’s modifications because they would make the problems of non-payment and delayed payment worse.
    Katherine Novak
    New Member
    Posts:17 New Member

    21 May 2018 09:11 AM
    Katherine Novak
    [email protected]

    Attached is the comment of the Attorney Regulation Advisory Committee (ARC).
    State Bar of Arizona
    Basic Member
    Posts:164 Basic Member

    21 May 2018 04:00 PM
    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016-6288
    (602) 340-7236
    [email protected]

    The State Bar of Arizona submits the attached comment to this Petition.
    Topic is locked