Arizona offers special admission for spouses of military personnel and allows certain practices following a major disaster.
Military Spouse Temporary Admission
Rule 38(i) of the Arizona Supreme Court Rules allows temporary admission for spouses of military personnel.
- Hold a J.D. degree from an ABA approved law school
- Have passed a written bar exam and be admitted to practice law before the highest court of a United States jurisdiction.
- Cannot have failed the Arizona bar exam or have failed to achieve an Arizona UBE scaled score within the past five years of the application date
- Achieve a passing score on the Multistate Professional Responsibility Exam (“MPRE)
- Be active members in good standing in at least one U.S. jurisdiction and be in good standing in all jurisdictions where admitted
- Cannot currently be subject to discipline or the subject of a disciplinary matter
- Successfully complete a course on Arizona law
- Be identified by the Department of Defense as a dependant of a member of the United States Uniformed Services
- Submit evidence that the spouse is on full-time, active duty pursuant to military orders
- Cannot have previously been denied admission in Arizona
Attorneys must advise clients that they are admitted under the military spouse exception and associate with local Arizona counsel before appearing in court. Attorneys must also complete 15 hours of CLE credit on Arizona practice, procedure and ethics.
Provisional licenses are valid for one year and may be renewed.
The attorney must cease all activities and may have their license terminated when:
- The spouse separates or retires from the Uniformed Services.
- Failure to meet the annual licensing requirements.
- Failure to have local Idaho counsel.
- Permanent relocation outside of Idaho.
- Ceasing to be a dependant as defined by the Department of Defense.
- Admission to the Idaho Bar under another admission rule.
- Failing the Arizona Bar Exam.
- Violation of ethics rules.
- By the Arizona Supreme Court.
Provision of Legal Services Following Determination of Major Disaster
Rule 39 of the Arizona Supreme Court Rules and the comments to that rule govern temporary admission for out-of-state attorneys following a major disaster.
In rare circumstances, the Arizona Supreme Court may declare a major disaster has occurred that affects all or part of the Arizona judicial system or the judicial system in another jurisdiction (as determined by the highest court in that jurisdiction) that has caused people in need of legal services to reside in Arizona. Following such a major disaster, out-of-state attorneys in good standing may be granted temporary admission for pro bono services. The pro bono legal services are supervised by a non-profit bar association or organization specifically designed by the Arizona Supreme Court. In addition, displaced attorneys from the affected region, that are in good standing, may provide temporary legal services in Arizona that arise out of or reasonably relate to the attorney’s practice in his or her home jurisdiction.
The temporary authorization ends 60 days after the Arizona Supreme Court determines the conditions causing the major disaster have ended. Attorneys representing clients in Arizona may continue their representation as reasonably necessary to complete the representations but cannot retain new clients.
Attorneys allowed to practice under this rule may not make court appearances except as otherwise provided under Arizona’s Pro Hac Vice requirements or the court grants blanket permission under this major disaster rule. Attorneys are subject to disciplinary procedures and the Arizona Rules of Professional Conduct. Attorneys licensed in other jurisdictions must also notify clients in Arizona of where they are licensed to practice law, the limits of their authorization, and that they are not licensed to practice law in Arizona except under the major disaster rule.
Attorneys are required to file for registration with Arizona Supreme Court Clerk within 30 days of the commencement of such legal services.