Opinion
Administrative Order No. 2009-16
January 22, 2009.
In accordance with Rule 33, Arizona Rules of the Supreme Court, the Supreme Court is responsible for appointment of members of the Arizona Supreme Court Committee on Character and Fitness. Rule 33 specifies that the committee shall consist of eleven or more attorney members and four or more public members. The Rule further provides that members shall be appointed upon recommendation of the Board of Governors of the State Bar of Arizona, shall serve seven-year terms, and are not eligible for reappointment upon expiration of their term.
Changes adopted by the Court to Rule 38, Arizona Rules of the Supreme Court, effective January 1, 2010, authorize admission on motion of experienced attorneys who have been admitted to the practice of law in other jurisdictions and who can provide evidence that they possess the character and fitness to practice law in Arizona. Additional members for the Committee on Character and Fitness are required to timely process and review the anticipated surge in applications when the admission on motion provisions take effect in January 2010. Further, it is anticipated that this surge in applications will exist for several years before leveling off. Therefore, appointment of the additional committee members for a term shorter than the seven-year term currently provided in Rule 33 will provide flexibility in adjusting to the actual increase in applications. Appointment of the additional committee members before January 2010 will allow these members to receive training and experience in reviewing character reports and making recommendations on the character and fitness of applicants before the anticipated surge in applications begins. Now, therefore, pursuant to the administrative authority vested in the Supreme Court by Article VI, § 3 of the Arizona Constitution, and in accordance with Arizona Supreme Court Rule 33,
IT IS ORDERED that staff from the Administrative Office of the Courts shall consult with the Board of Governors of the State Bar of Arizona for recommendations for two lawyer and two public members for the Committee on Character and Fitness. The staff shall submit the names of the candidates for these positions to the Court by May 1, 2009.
IT IS FURTHER ORDERED that the provisions of Rule 33 providing for seven-year terms and prohibiting the reappointment of a member are suspended for these additional four committee members. These new members shall be appointed for three-year terms, and may, in the Court's discretion, be reappointed for a successive term upon expiration of the initial term. Dated this 22nd day of January, 2009.