Rules 38(c) and (d) of the Arizona Rules for Admission exempt full-time law school faculty members and clinical law professors from the formal admissions process. The two separate rules distinguish between full-time faculty members and clinical law professors.
Upon the law school Dean’s recommendation, full-time faculty members of the Colleges of Law at the University of Arizona or Arizona State may apply to practice law in Arizona as an active member of the bar without taking the Arizona bar exam. In addition, certified clinical law professors may appear as a lawyer in any court or before any administrative tribunal in Arizona solely in connection with the supervision of an approved law school clinical program at Arizona or Arizona State.
Full-Time Law School Faculty Members – Rule 38(c)
Eligibility
Law professors must:
- Submit proof of their admission by examination to another state or the District of Columbia.
- Pay the applicable application and investigation fees.
Practice and Restrictions
The following limitations and requirements apply:
- Attorneys must limit their practice hours according to the requirements imposed by the university.
- Attorneys cannot engage in compensated practice as members of the Arizona Bar for more than an average of eight hours per week during the calendar year. Practice as clinical law professors does not constitute compensated practice of law.
- The law school Dean must annually advise the executive director of the state bar that faculty members admitted under this rule have complied with the reporting requirement under the university rules and the limitation imposed by Rule 38(c).
Attorneys who terminate their full-time faculty status cannot retain their Arizona active bar status and must pass the Arizona bar exam.
Application
Attorneys are required to file an application with the Committee. If the application is granted, the full-time law professor will be admitted to practice and be enrolled as a member of the state bar.
Clinical Law Professors – Rule 38(d)
Rule 38(d) also includes the Arizona Law Student Rules.
Eligibility
Clinical law professors must:
- Be duly employed as a faculty member of the Colleges of Law of the University of Arizona or Arizona State University for the purpose of instructing and supervising a clinical law program approved by the law school’s dean and faculty.
- Be admitted by examination to the bar of another state or the District of Columbia.
- Certify in writing that the clinical law professor has read and is familiar with the Arizona Rules of Professional Conduct and the Rules of the Supreme Court of Arizona and statutes of the State of Arizona relating to conduct of lawyers.
Practice and Restrictions
The following limitations and requirements apply:
- Attorneys are able to practice as if members of the Arizona Bar. They are not required to pay fees.
- The client must consent in writing to the appearance. The written consent must be filed in the record of the case and brought to the attention of the judge or presiding officer.
- Attorneys cannot ask for nor receive any compensation or remuneration of any kind for such services from the person on whose behalf the services are rendered.
Certification and Termination
- The law school Dean clinical law professor certification must be filed with the clerk of the Supreme Court and with the Arizona State Bar. The certification remains in effect until withdrawn.
- The law school Dean may withdraw a certification at any time by filing a notice to that effect.
- May be terminated by the Arizona Supreme Court without cause and without notice or hearing by filing notice of the termination with the Clerk and with the Arizona state bar.
- Certificates are not considered an advantage or disadvantage in the application for admission to the Arizona bar.