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Last Post 02 Nov 2017 10:25 AM by  KDE
R-17-0053 Petition to amend Ariz. Sup. Ct. R. 37(d)(1)
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02 Nov 2017 10:25 AM
    Kenneth David Eckhauser
    12452 N. 145th Way
    Scottsdale, AZ, 85259
    Bar Number: 69903 (Missouri)
    [email protected]

    Pursuant to Arizona Supreme Court Rule 35(c)(3) an applicant seeking to sit for the Arizona Bar Exam a fourth time must submit a written request to the Arizona Committee on Examinations to obtain their approval. Arizona Supreme Court Rule 37(d) governs the Refund of Fees, and requires that an applicant submit a written request to withdraw by the filing deadline in order to receive a partial refund. Ariz. Sup. Ct. R. 37(d)(1) can be interpreted to suggest that those applicants are sitting for the Arizona Bar Exam either for a second or third time, and receive immediate approval upon filing their registration documents. However, Ariz. Sup. Ct. R. 37(d) (1) does not account for those applicants that must obtain approval from the Committee on Examinations pursuant to Ariz. Sup. Ct. R. 35(c)(3). An applicant could receive approval two weeks after the registration deadline, subsequently choose to withdraw from the examination, and will not be entitled to partial refund because the letter to withdraw was not received prior to the registration deadline.

    Would amend Arizona Supreme Ct. Rule 37 to allow for partial refund of bar exam fees to applicants who must first obtain approval from the Committee on Examinations to sit for the exam, whose approval occurs after the registration deadline, and who withdraw from taking the exam.

    Filed: November 2, 2017

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

    ORDERED: Petition to Amend Rule 37(d)(l), Rules of the Supreme Court =ADOPTED as modified, effective January 1, 2019.

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