Rule 34. Application for Admission

(a) Methods of Admission to the Practice of Law in Arizona. Persons desiring to be admitted to the practice of law in the State of Arizona may apply for admission by one of three methods: (1) admission by Bar Exam, as defined in Rule 35(a)(1), (2) admission on motion, or (3) admission by transfer of bar examination score from another jurisdiction. (b) Applicant Requirements and Qualifications. 1. No applicant will be recommended for admission to the practice of law in Arizona by the Committee on Character and Fitness unless the Committee is satisfied that: A. the applicant is over the age of 21 years; B. the applicant is of good moral character; C. the applicant is mentally, emotionally and physically able to engage in the practice of law, and possesses the required knowledge of the law to do so; D. the applicant is a graduate with a juris doctor from a law school provisionally or fully approved by the American Bar Association at the time of graduation or the applicant is a graduate with a juris doctor and has been actively engaged in the authorized practice of law in one or more states, territories, or the District of Columbia for at least 3 of the last 5 years prior to filing an application for admission to practice in Arizona; E. if ever admitted to practice in any jurisdiction, foreign or domestic, the applicant is presently in good standing concerning discipline, payment of mandatory dues and compliance with mandatory legal education, or the applicant resigned in good standing in that jurisdiction; although, if the applicant is not in good standing or did not resign in good standing in all jurisdictions solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements, and the applicant has attempted to but cannot cure such deficiencies in the other jurisdiction(s), the Committee on Character and Fitness may evaluate the circumstances and make a recommendation to the Supreme Court for admission or denial of admission. F n in good standing in all jurisdictions solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements, and the applicant has attempted to but cannot cure such deficiencies in the other jurisdiction(s), the Committee on Character and Fitness may evaluate the circumstances and make a recommendation to the Supreme Court for admission or denial of admission. F. the Bar Exam applicant has successfully completed the course on Arizona law described in paragraph (i) of this rule; and G. for applicants seeking admission under Rule 35, the applicant has earned a score deemed sufficient by the Court on a professional responsibility examination. i. An applicant must pass a professional responsibility examination, which shall be the Multistate Professional Responsibility Examination prepared by the National Conference of Bar Examiners or an alternate professional responsibility examination, as deemed appropriate by the Court. An applicant seeking to take the Multistate Professional Responsibility Examination shall file an application directly with, and pay the fees specified by, the National Conference of Bar Examiners. ii. The Court shall establish the minimum acceptable score for the Multistate Professional Responsibility Examination. iii. An applicant must submit proof satisfactory to the Committee on Examinations that the applicant has taken the Multistate Professional Responsibility Examination and received a minimum acceptable score within 8 years of a successful Bar Exam or within the time frame for taking the oath of admission after the successful Bar Exam in order to have the applicant's score accepted by the Committee on Examinations. 2. An applicant may be allowed to sit for the Bar Exam prior to the award of a juris doctor degree if the applicant: A. is a currently enrolled student in good standing at a law school fully or provisionally approved by the American Bar Association; B ame for taking the oath of admission after the successful Bar Exam in order to have the applicant's score accepted by the Committee on Examinations. 2. An applicant may be allowed to sit for the Bar Exam prior to the award of a juris doctor degree if the applicant: A. is a currently enrolled student in good standing at a law school fully or provisionally approved by the American Bar Association; B. is expected to graduate with a juris doctor degree within 120 days of the first day of early exam administration; C. has satisfied all requirements for graduation with a juris doctor except for not more than 8 semester hours or its equivalent in quarter hours at the time of early exam administration; D. will not be enrolled in more than two semester hours or its equivalent in quarter hours during the month of early bar examination testing and the immediately preceding month; E. has been determined by their school to be academically prepared for early testing; F. provides by the deadline to the Committee on Character and Fitness, on a form provided by the Committee, an affidavit attested to by the applicant and the law school that they meet the above criteria. The law school's decision whether to certify that the student meets the criteria is final and shall not be subject to review by the Committee or the Court. No applicant shall be recommended to practice law until graduation or satisfaction of all requirements for graduation, and completion of all requirements for admission to the practice of law under these rules. If an applicant under this subsection has not graduated with a juris doctor within 120 days of the first day of early exam administration, all parts of the Bar Exam, including the score, are void and the applicant's examination scores shall not be disclosed for any purpose. Scores may not be released until such time as satisfactory proof of award of juris doctor, as determined by the Court, is provided to the Committee. An early examination that is voided shall count as an Attempt under Rule 35(a)(3) day of early exam administration, all parts of the Bar Exam, including the score, are void and the applicant's examination scores shall not be disclosed for any purpose. Scores may not be released until such time as satisfactory proof of award of juris doctor, as determined by the Court, is provided to the Committee. An early examination that is voided shall count as an Attempt under Rule 35(a)(3). At the completion of the juris doctor requirements and within 60 days after graduation, the applicant must cause his or her law school, dean, or registrar to submit to the Committee on Character and Fitness proof of graduation, showing his or her juris doctor was conferred within 120 days of the first day of early exam administration. Failure to complete the course of study within 120 days of the examination and provide evidence of graduation within an additional 60 days shall render the applicant's score void. 3. All applicants who received a passing grade on the Bar Exam and who are found to be otherwise qualified under these rules shall be recommended for admission to the practice of law. 4. The Committee on Character and Fitness shall endeavor to complete its inquiries, some or all of which may be delegated to the National Conference of Bar Examiners, to be in a position to recommend for or against a successful examinee's admission to the practice of law no later than the time the results of the Bar Exam are available for examination applicants. This time limitation is aspirational only and may be extended for further inquiry and formulation of a recommendation when the circumstances of a case so require. (c) Application and Character Report Materials. Any person desiring to be admitted to the practice of law in the State of Arizona must submit to the Committee on Character and Fitness an application in the form supplied by the Committee. The application for admission must be accompanied by required supporting documents and application fee. 1 ommendation when the circumstances of a case so require. (c) Application and Character Report Materials. Any person desiring to be admitted to the practice of law in the State of Arizona must submit to the Committee on Character and Fitness an application in the form supplied by the Committee. The application for admission must be accompanied by required supporting documents and application fee. 1. The Bar Exam applicant shall also complete and submit a character report accompanied by a character investigation fee as established by the Court. For Bar Exam applicants only, the character report and related fee may be submitted separately from the application for admission. 2. An applicant for admission under Rules 34(e) or 34(g) shall submit character investigation materials together with the application. (d) Documents Required in Support of Application. The following must accompany every application: 1. subject to the exception made in paragraph (b)(1)(D) of this rule, the applicant's law school diploma, or other evidence satisfactory to the Committee on Character and Fitness showing the applicant is a graduate with a juris doctor degree from a law school provisionally or fully approved by the American Bar Association at the time of graduation; 2. if the applicant has been previously admitted to practice law in any jurisdiction, foreign or domestic, the certificate of the appropriate court agency(ies) or the mandatory bar association, whichever has custody of the roll of attorneys in such jurisdiction, indicating the date of admission and that the applicant is presently in good standing concerning discipline, payment of mandatory dues and compliance with mandatory continuing legal education, or that the applicant resigned in good standing in that jurisdiction; although, if the applicant is not in good standing or did not resign in good standing in all jurisdictions solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements, and the applicant has attempted to but cannot andatory dues and compliance with mandatory continuing legal education, or that the applicant resigned in good standing in that jurisdiction; although, if the applicant is not in good standing or did not resign in good standing in all jurisdictions solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements, and the applicant has attempted to but cannot cure such deficiencies in the other jurisdiction(s), the Committee on Character and Fitness may evaluate the circumstances and make a recommendation to the Supreme Court for admission or denial of admission. 3. a full-face image of the applicant in a format as established by the Court; and 4. a complete set of the applicant's fingerprints. The Committee on Character and Fitness is authorized to receive criminal history information regarding any applicant for admission from any law enforcement agency in conjunction with the admissions process. If after two attempts, the FBI determines the fingerprints provided are not readable, the applicant must submit a written statement, under oath, that the applicant has not been arrested, charged, indicted, convicted of or pled guilty to any felony or misdemeanor, other than as disclosed on the application. (e) Admission on Motion. 1. An applicant who meets the requirements of (A) through (G) of this paragraph (e)(1) may, upon motion, be admitted to the practice of law in this jurisdiction. The applicant shall: A tten statement, under oath, that the applicant has not been arrested, charged, indicted, convicted of or pled guilty to any felony or misdemeanor, other than as disclosed on the application. (e) Admission on Motion. 1. An applicant who meets the requirements of (A) through (G) of this paragraph (e)(1) may, upon motion, be admitted to the practice of law in this jurisdiction. The applicant shall: A. either (i) have been admitted by bar examination to practice law in another jurisdiction allowing for admission of Arizona lawyers on a basis equivalent to this rule and primarily engaged in the active practice of law in one or more state(s), territories, or the District of Columbia for 3 of the 5 years immediately preceding the date upon which the application was filed, or (ii) have been admitted by bar examination to practice law in another jurisdiction that does not allow for admission of Arizona lawyers on a basis equivalent to this rule and thereafter were admitted to and primarily engaged in the active practice of law in another jurisdiction allowing admission of Arizona lawyers on a basis equivalent to this rule for 3 of the 5 years immediately preceding the date upon which the application is filed; B. hold a juris doctor degree from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association at the time of graduation; C. submit evidence of a passing score on the Multistate Professional Responsibility Examination as it is established in this jurisdiction; D immediately preceding the date upon which the application is filed; B. hold a juris doctor degree from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association at the time of graduation; C. submit evidence of a passing score on the Multistate Professional Responsibility Examination as it is established in this jurisdiction; D. establish that the applicant is currently a member in good standing or resigned in good standing concerning discipline, payment of mandatory dues, and compliance with mandatory legal education, in all jurisdictions where admitted; although, if the applicant is not in good standing or did not resign in good standing in all jurisdictions solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements, and the applicant has attempted to but cannot cure such deficiencies in the other jurisdiction(s), the Committee on Character and Fitness may evaluate the circumstances and make a recommendation to the Supreme Court for admission or denial of admission; E. establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction; F. establish that the applicant possesses the character and fitness to practice law in this jurisdiction; and G. submit evidence of successful completion of the course on Arizona law described in paragraph (j) of this rule. 2. For the purposes of this rule, the “active practice of law” shall include the following activities, if performed in a jurisdiction in which the applicant is admitted, or if performed in a jurisdiction that permits such activity by a lawyer not admitted to practice; however, in no event shall any activities that were performed in advance of bar admission in some state, territory, or the District of Columbia be accepted toward the durational requirement: A. representation of clients in the practice of law; B d in a jurisdiction in which the applicant is admitted, or if performed in a jurisdiction that permits such activity by a lawyer not admitted to practice; however, in no event shall any activities that were performed in advance of bar admission in some state, territory, or the District of Columbia be accepted toward the durational requirement: A. representation of clients in the practice of law; B. service as a lawyer with a local, state, or federal agency, including military service; C. teaching law full-time at a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association; D. service as a judge in a federal, state, territorial, or local court of record; E. service as a judicial law clerk; F. service as corporate counsel; or G. service as corporate counsel in Arizona while registered pursuant to Rule 38(a). Active practice performed within Arizona pursuant to Rule 38(a) may be applied to meet active practice requirements found in Rule 34(e)(1)(A)(ii) provided all other requirements of Rule 34(e) are met. 3. For purposes of this rule, the active practice of law shall not include work that, as undertaken, constituted the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located. The “active practice of law” is further defined to require that at all times in the durational period the applicant has held a law license in “active” status. 4. An applicant shall not be eligible for admission on motion if within 3 years of filing the application the applicant has either 1) failed the Bar Exam, or 2) passed another jurisdiction's bar examination accepted by the Court, but failed to achieve the minimum passing score deemed acceptable by the Court. 5. The Court shall approve jurisdictions considered “reciprocal” to Arizona, and the Committee shall publish and make available a list of reciprocal jurisdictions 3 years of filing the application the applicant has either 1) failed the Bar Exam, or 2) passed another jurisdiction's bar examination accepted by the Court, but failed to achieve the minimum passing score deemed acceptable by the Court. 5. The Court shall approve jurisdictions considered “reciprocal” to Arizona, and the Committee shall publish and make available a list of reciprocal jurisdictions. (f) Admission on Motion Application Filing; Fees. Any applicant seeking admission on motion to the practice of law in Arizona must meet the requirements of paragraph (e) of this rule and: 1. shall file an application for admission on motion, including character investigation information, in a manner established by the Court, including all required supporting documents; 2. shall pay the application fee as established by the Court; and 3. may request that the Committee perform an initial review of the applicant's application to determine whether the applicant meets the active practice requirement. The request must be received prior to the Committee commencing its investigation. Upon applicant's written request, the Committee shall determine whether applicant meets the active practice requirement and provide the applicant with a written determination. If applicant fails to meet the active practice requirement, the Committee shall refund that portion of the application fee as determined by the Court. (g) Admission by Transfer of Bar Examination Score. 1. An applicant who has taken another jurisdiction's bar examination that is deemed acceptable by the Court and who meets the requirements of (A) through (G) of this paragraph (g)(1) may be admitted to the practice of law in this jurisdiction. Admission under this Rule 34(g) must be accomplished through score transfer from another jurisdiction's bar examination or other test of minimum competency deemed acceptable by the Court. The applicant shall: A ar examination that is deemed acceptable by the Court and who meets the requirements of (A) through (G) of this paragraph (g)(1) may be admitted to the practice of law in this jurisdiction. Admission under this Rule 34(g) must be accomplished through score transfer from another jurisdiction's bar examination or other test of minimum competency deemed acceptable by the Court. The applicant shall: A. have achieved a score on another jurisdiction's bar examination that is equal to or greater than the minimum acceptable score established by the Court and that was earned within 5 years prior to the applicant's taking the oath of admission and being admitted to the practice of law in Arizona; B. hold a juris doctor degree from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association at the time of graduation; C. submit evidence of a passing score on the Multistate Professional Responsibility Examination as it is established in this jurisdiction, earned within 8 years of the date of application or within the time frame for taking the oath of admission after the successful bar examination in order to have the applicant's score accepted by the Committee on Examinations; D. establish that the applicant is currently a member in good standing concerning discipline, payment of mandatory dues and compliance with mandatory continuing legal education in every jurisdiction, foreign or domestic, wherever admitted to practice law, or the applicant resigned in good standing; although, if the applicant is not in good standing or did not resign in good standing in all jurisdictions solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements, and the applicant has attempted to but cannot cure such deficiencies in the other jurisdiction(s), the Committee on Character and Fitness may evaluate the circumstances and make a recommendation to the Supreme Court for admission or denial of admission; E n in good standing in all jurisdictions solely because of unpaid mandatory fees or incomplete mandatory continuing legal education requirements, and the applicant has attempted to but cannot cure such deficiencies in the other jurisdiction(s), the Committee on Character and Fitness may evaluate the circumstances and make a recommendation to the Supreme Court for admission or denial of admission; E. establish that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter in any jurisdiction; F. establish that the applicant possesses the character and fitness to practice law in this jurisdiction; and G. submit evidence of successful completion of the course on Arizona law described in paragraph (i) of this rule. 2. For the purpose of paragraph (g)(1)(A) of this rule, a score is considered to have been earned on the date of administration of the other jurisdiction's bar examination that resulted in the score. 3. An applicant who failed to earn the minimum acceptable score established by the Court within 4 attempts, regardless of where the bar examination was taken, shall not be eligible for admission by transfer of bar examination score under this paragraph. 4. Before being admitted under this Rule 34(g), the applicant must complete a course on Arizona law, the content and method of delivery of which shall be approved by the Supreme Court. (h) Admission by Transfer of Bar Examination Score Application Filing; Fees. Any applicant seeking admission to the practice of law under Rule 34(g) shall: 1. file an application for admission by transfer of bar examination score, including character investigation information, in a manner established by the Court, including all required supporting documents, and 2. pay the application fee as established by the Court. (i) Completion of Course on Arizona Law on Filing; Fees. Any applicant seeking admission to the practice of law under Rule 34(g) shall: 1. file an application for admission by transfer of bar examination score, including character investigation information, in a manner established by the Court, including all required supporting documents, and 2. pay the application fee as established by the Court. (i) Completion of Course on Arizona Law. Before being admitted, applicants applying to practice law in Arizona under Rules 34(e), 34(g), or 35 must complete a course on Arizona law, the content and delivery of which shall be approved by the Supreme Court. (j) Deficiency in Character Report Materials. If the Committee on Character and Fitness finds that the character report materials are deficient, the Committee shall advise the applicant in writing of the deficiency and shall allow a reasonable time for the applicant either to submit additional written information or relevant documentation, or to correct or otherwise remedy the defects in the applicant's supporting documents. Thereafter, if such deficiencies have not been cured within the designated time period, the application shall be considered abandoned by the applicant and the Committee's review of the investigation into the applicant's character shall cease, and the Committee shall advise applicant of such abandonment and the reasons therefore. If the application has been abandoned for more than one year and the applicant later seeks to continue the admission process, applicant must submit a new application and associated fees. (k) Failure to Meet Standards; Effect on Time for Reapplication. If the Committee or the Court has denied an applicant admission to the practice of law by reason of the failure to meet the standards required by paragraph (b) of this rule, such applicant may not reapply for a period of 5 years from the date of denial of admission, unless the Committee or the Court orders otherwise. ( l ) Completion of Professionalism Course. 1. New Admittee Professionalism Course the Committee or the Court has denied an applicant admission to the practice of law by reason of the failure to meet the standards required by paragraph (b) of this rule, such applicant may not reapply for a period of 5 years from the date of denial of admission, unless the Committee or the Court orders otherwise. ( l ) Completion of Professionalism Course. 1. New Admittee Professionalism Course . Except as otherwise provided in this rule, within one year after being admitted to the practice of law, the applicant shall complete the state bar course on professionalism, or an equivalent course on the principles of professionalism approved or licensed by the Board of Governors of the State Bar of Arizona for this purpose. A. A new admittee taking inactive status immediately upon admission is exempt from completing such a course but shall complete one within 12 months of becoming an active member of the state bar. B. A new admittee who is an active member but neither resides nor practices law in Arizona is exempt from completing such a course but shall complete one within 12 months of becoming a resident of or commencing the practice of law in Arizona. 2. Summary Suspension. A new admittee who fails to comply with the requirements of paragraph ( l )(1) of this rule shall be summarily suspended from the practice of law in Arizona, upon motion of the state bar pursuant to Rule 62, provided that a notice by certified, return receipt mail of such non-compliance shall have been sent to the member, mailed to the member's last address of record in the state bar office at least 30 days prior to such suspension, but may be reinstated in accordance with these rules.