Rule 38(d) of the Rules for Admission of Applicants to the Practice of Law in Arizona allows eligible law students to practice in Arizona courts as part of a law school’s educational and clinical practice program as if they are members of the Arizona Bar.
Legal interns must:
The Dean and faculty of the Colleges of Law at the University of Arizona, Arizona State University, or other law school J.D. program that is approved and accredited by the ABA must approve the clinical practice program. A written statement of the school’s educational and clinical law practice program must be filed with the executive director of the Arizona Bar no later than 30 days prior to the commencement of the program.
Legal interns may participate in the following matters:
In any felony criminal defense matter in justice, municipal, and magistrate courts and any criminal matter in superior court. The supervising attorney must be personally present throughout the proceedings and must be fully responsible for the manner in which they are conducted.
In any criminal matter on behalf of the sate or any political subdivision with the written approval of the prosecuting attorney or the attorney’s authorized representative. The supervising attorney must be present except when the appearance is in justice, municipal, or magistrate courts.
The court may at any time and in any proceeding require the supervising attorney to be personally present for a period and under such circumstances as the court directs.
Law students cannot ask for nor receive any compensation or remuneration of any kind for such services from the client. Attorneys, legal aid bureaus, law schools, public defender agencies, and the state may pay compensation to eligible law students. Attorneys and agencies may also charge for their services as otherwise properly required.
The written consents and supervisor approval must be filed in the record of the case and will be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal. The student has to orally advise the court on the student’s initial appearance in the case of certification to appear as a law student.
Law students may also practice under the general supervision of the supervising attorney but outside his or her personal presence. Law students may:
A “supervising attorney” is a clinical law professor or a member of the Arizona Bar whose service as a supervising attorney is approved by the law school Dean where the law student is enrolled.
Clinical law professors must:
Supervising attorneys may not delegate their responsibility to another except that the incumbent of a public office may designate one or more qualified deputies.
Supervising attorneys must:
Application and Termination
The law school Dean is required to file the certificate of the clinical law professor with the Clerk of the Arizona Supreme Court and with the Arizona Bar. The certificate remains in effect until withdrawn.
The law school Dean must file the certificate of the law student with the Clerk of the Arizona Supreme Court and with the Arizona Bar. Unless it is withdrawn, the certificate remains in effect for 18 months or until the announcement of the results of the first bar exam following the student’s graduation. If the student passes the bar exam, the certificate continues in effect until the date the student is admitted to the Arizona Bar.
Either certificate may:
Certificates are not considered to be an advantage or disadvantage to the professor or student in an application for admission to the Arizona Bar.
The procedures governing the discipline for lawyers are not applicable to the termination of the certification of a clinical law professor or law student. Termination is without prejudice to the privilege of the professor or student to make application for admission to practice law if the professor or student is qualified for such admission.