Rule 46 - Jurisdiction in Discipline and Disability Matters; Definitions(a)Lawyers Admitted to Practice. Any lawyer admitted to practice law in this state is subject to the disciplinary and disability jurisdiction of this court and the authority delegated in these rules to the board of governors of the state bar. Any false statement or misrepresentation made by an applicant for admission to the practice of law which is not discovered until after the applicant is admitted may serve as an independent ground for the imposition of discipline under these rules and as an aggravating factor in any disciplinary proceeding based on other conduct. Any fraudulent misstatement or material misrepresentation made by an applicant for admission to the practice of law may result in revocation of the member's admission to the state bar, pursuant to Rule 33(b) of these rules.(b) Licensed Alternative Business Structures. Any alternative business structure and its members are subject to the disciplinary jurisdiction of the Arizona Supreme Court. Any false statement or misrepresentation made by an applicant for licensure which is not discovered until after the applicant is licensed may serve as an independent ground for the imposition of discipline under these rules and ACJA § 7-209 and an aggravating factor in any disciplinary proceeding based on other conduct. Any fraudulent misstatement or material misrepresentation made by an applicant for licensure may result in revocation of the alternative business structure's license.(c) Legal Paraprofessionals. Any person licensed as a legal paraprofessional is subject to the disciplinary jurisdiction of the Arizona Supreme Court and the authority delegated in these rules to the board of governors of the state bar. Any false statement or misrepresentation made by an applicant for licensure which is not discovered until after the applicant is licensed may serve as an independent ground for imposing discipline under these rules and ACJA § 7-210 and an aggravating factor in any disciplinary proceeding based on other conduct. Any fraudulent misstatement or material misrepresentation made by an applicant may result in revocation of the legal paraprofessional's license.(d)Non-members. A non-member engaged in the practice of law in the State of Arizona or specially admitted to practice for a particular proceeding before any court in the State of Arizona, a non-lawyer permitted to appear in such capacity, a foreign legal consultant as defined in Rule 38(b), or in-house counsel as defined in, and registered pursuant to, Rule 38(a), submits himself or herself to the disciplinary and disability jurisdiction of this court in accordance with these rules.(e)Former Judges. A former judge who has resumed the status of a lawyer is subject to the jurisdiction of the state bar and the court not only for that person's conduct as a lawyer, but also for misconduct that occurred while serving as a judge that would have been grounds for lawyer discipline, provided that the misconduct was not the subject of a judicial discipline proceeding as to which there has been a final determination by the court.(f)Incumbent Judges. The State Bar and Commission on Judicial Conduct have concurrent jurisdiction over judges for misconduct as lawyers before becoming judicial officers. Upon removal or resignation from office of an incumbent judge as the result of a judicial discipline or disability proceeding, the Court shall afford the State Bar and the judge an opportunity to submit to the Court a recommendation whether lawyer discipline or disability status should be imposed based on the record in the judicial proceeding, and if so, the extent thereof.(g)Disbarred Lawyers. Upon order or judgment of the court disbarring a member, the member shall no longer be entitled to the rights and privileges of a lawyer, but shall remain subject to the jurisdiction of this court with respect to matters occurring prior to the disbarment.(h)Definitions. When the context so requires, the following definitions shall apply to the interpretation of these rules relating to discipline, disability and reinstatement of lawyers, legal paraprofessionals, and alternative business structures:1. "Acting presiding disciplinary judge" means an attorney member of a hearing panel designated to serve when the presiding disciplinary judge is disqualified or unable to serve in any matter.2. "Bar counsel" means staff counsel employed by the state bar or volunteer counsel appointed to represent the state bar in discipline and other proceedings. "Chief bar counsel" means that person who by appointment by and under the direction of the executive director of the state bar administers this Court's discipline and disability system.3. "Board" means the Board of Governors of the State Bar of Arizona.4. "Charge" means any allegation or other information of misconduct or incapacity that comes to the attention of the state bar.5. "Committee" means the Attorney Discipline Probable Cause Committee of the Supreme Court of Arizona unless stated otherwise.6. "Complainant" means a person who initiates a charge against a lawyer,alternative business structure, or legal paraprofessional, later joins in a charge to the state bar regarding the conduct of a lawyer, alternative business structure, or legal paraprofessional. The complainant will be provided information as set forth in Rule 53, unless specifically waived by the complainant. The state bar or any bar counsel may be complainant.7. "Complaint" means a formal complaint prepared and filed with the disciplinary clerk pursuant to these rules.8. "Costs" means all sums taxable as such in a civil action.9. "Court" means Supreme Court of Arizona.10. "Discipline" means those sanctions and limitations on members and the practice of law provided in these rules, including those sanctions and limitations provided in these rules and ACJA § 7-209 for alternative business structures and ACJA § 7-210 for legal paraprofessionals. Discipline is distinct from diversion or disability inactive status, but the term may include that status where the context so requires.11. "Disciplinary clerk" means an individual designated by the court to be the custodian of the record in all discipline, disability, and reinstatement proceedings before the attorney discipline probable cause committee, the presiding disciplinary judge, and the hearing panel, who shall maintain the records according to the common practice of clerks of court.12. "Discipline proceeding" and "disability proceeding" mean any action involving a respondent pursuant to the rules relating thereto.13. "Expenses" means all obligations in money, other than costs, necessarily incurred by the state bar, the committee, the hearing panel, the disciplinary clerk's and the presiding disciplinary judge's offices in the performance of their duties under these rules. Expenses shall include, but are not limited to, administrative expenses, necessary expenses of committee members, hearing panel members, bar counsel or staff, charges of expert witnesses, charges of certified reporters and all other direct, provable expenses.14. "Filing" means delivery of the document or exhibit to the disciplinary clerk or clerk of the court, as appropriate, for inclusion in the record, or delivery of the document or exhibit to the state bar counsel for inclusion in the state bar file, as provided for in these rules. All papers, whether filed electronically or in hard copy, shall comply with the requirements of Rule 32(j).15. "Hearing panel" means the three-member panel that has the powers and duties set forth in Rule 52(h).16. "Member" means member of the state bar, the classifications of which are set forth in Rule 32(c)(1).17. "Misconduct" means any conduct sanctionable under these rules, including unprofessional conduct as defined in Rule 41(a) or conduct that is eligible for diversion, any conduct by an alternative business structure actionable under these rules or ACJA § 7-209, or any conduct by a legal paraprofessional actionable under these rules or ACJA § 7-210.18. "Non-member" means a person licensed to practice law in a state or possession of the United States or a non-lawyer permitted to appear in such capacity, but who is not a member of the state bar.19. "Presiding disciplinary judge" means the judicial officer appointed by the court to carry out the functions specified in these rules.20. "Record," for the purposes of these rules, means the complaint and accompanying committee's order of probable cause, or other document that commences formal discipline, disability or reinstatement proceedings, or contempt proceedings and every later-filed document, exhibit, or verbatim record of the proceedings.21. "Respondent" means a member, legal paraprofessional or an ABS or its nonlawyer members, against whom a discipline or disability proceeding has been commenced.22. "Settlement officer" means either a paid or a volunteer attorney who presides over a settlement conference.23. "State bar" means the State Bar of Arizona, created by rule of this court.24. "State bar file" means the original of every document, recording and transcript of testimony or exhibit created or received by the state bar in relation to a discipline, disability or reinstatement proceeding, but shall not include work product of the state bar or state bar staff, or information protected by any legally recognized privilege in Arizona.Added June 9, 2003, effective 12/1/2003. Amended June 9, 2005, effective 12/1/2005;9/18/2006, effective 1/1/2007.;9/5/2007, effective 1/1/2008;9/16/2008, effective 1/1/2009;6/30/2010, effective 1/1/2011;8/30/2012, effective 1/1/2013;8/28/2013, effective 1/1/2014;9/2/2016, effective 1/1/2017; amended effective 1/1/2019; amended effective 5/1/2020; amended Aug. 27, 2020, effective 1/1/2021.HISTORICAL NOTES
Source:
Laws 1933, Ch. 66, § 32.
Code 1939, § 32-332.
A.R.S. former § 32-264.
ABA Model Rule 6.
Former Rule 29(e).
Former Rule 30(a).
Former Rules 33(a), 37(g).
Former Rule 46.
Former Rule 46, which related to similar subject matter, was amended Dec. 12, 1991, effective Jan. 1, 1992; June 30, 1994, effective December 1, 1994, amended and effective April 14, 1999, amended Oct. 8, 1999, effective Oct. 5, 1999; May 31, 2000, effective Dec. 1, 2000, and was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.