SCR Rule 42
Summary: Arizona has adopted the ABA’s language from Model Rule of Professional Conduct 7.5 pertaining to the use of trade names by law firms.
Impact: Law firms may file documents that include a new trade name allowed under this new provision. A law firm’s trade name may not imply a connection with a government agency, or with a public or charitable legal services organization. Furthermore, a law firm’s trade name may not be in violation of ER 7.1 regarding false or misleading communications about a lawyer or a lawyer’s services.
SCR Rule 123 [also Crim. Proc. Rule 2.3]
Summary: The revisions are largely technical in nature but include substantive revisions that identify employee discipline records as closed, authorize audio or video of a case to be posted online by court leadership, and add additional offenses to the list for which the prosecutor must advise the clerk upon filing.
Rule 123(b) (“Definitions”): The amendment removes a definition of “public purpose organization” and adds a definition of “private organization serving a public purpose” to conform to an identical revision in ACJA § 1-606. The amended rule substitutes these definitions in other sections of Rule 123.
Rule 123(e) (“Access to administrative records”): The amendment identifies “employee discipline records” as being closed except upon a showing of good cause for release.
Rule 123(g) (“Remote electronic access”): The revisions (1) clarify that the superior court in all counties shall display criminal case minute entries online; (2) clarify what constitutes a high profile case, for which case records may be posted online; and (3) allow the presiding judge of a court to authorize audio or video of a case to be posted online.
Rule 123(g) and Criminal Rule 2.3(b) (“Content of complaint”): The revisions expand the list of criminal charges (in which a juvenile is the victim of a sexual offense) for which the prosecutor must advise the clerk upon filing so the clerk can ensure that the documents are not made accessible by remote electronic access.
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