Rule 38(a) of the Arizona Supreme Court Rules provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
Eligibility
Eligible attorneys are not members of the Arizona Bar but are currently members in good standing of another state or eligible to practice before the highest court in any state, territory, or insular possession of the United States. Attorneys must be of good moral character and be familiar with the ethics, professionalism, and practices of the legal profession in Arizona. Attorneys cannot be residents of Arizona, be regularly employed in Arizona, or be regularly engaged in substantial business, professional, or other activities in the Arizona.
Attorneys may appear in a particular proceeding before any state or local court, board, or administrative agency in Arizona. The nonresident attorney will be deemed admitted in the event venue is transferred to another county or court or is appealed. The court having jurisdiction over such transferred or appealed cause may revoke the authority of the nonresident attorney to appear pro hac vice.
Practice
Attorneys must associate with a member in good standing of the Arizona Bar. The local Arizona lawyer must appear on all notices, orders, pleadings, and other documents filed in the cause. He or she may also be required to personally appear and participate in pretrial conferences, hearings, trials, or other proceedings conducted before the tribunal when the tribunal deems the appearance and participation appropriate. The local Arizona lawyer accepts joint responsibility with the nonresident attorney for the client, to opposing parties and counsel, and to the tribunal in that particular matter.
Attorneys are subject to the Arizona disciplinary system.
Application
It is within the discretion of the court, board, or administrative agency whether to allow the pro hac vice admission. For good cause shown, a court, board, or administrative agency may permit a nonresident attorney to appear pro hac vice on a temporary basis prior to completing application procedures. If allowed, the tribunal will specify a time period to complete the application procedures. The temporary pro hac vice admission will be revoked if the attorney fails to complete the application procedures.
Attorneys are required to file an original and one copy of a Verified Application with the State Bar of Arizona. The application includes a certificate from the state bar or from the clerk of the highest admitting court of each state, territory, or insular possession of the United States where the attorney has been admitted that certifies the attorney’s date of admission and the current status of the attorney’s membership or eligibility.
The application also includes a fee equal to the current dues paid by active members of the Arizona Bar for the calendar year in which the application is filed. Only one application fee is required for consolidated or related matters regardless of the number of applications filed in the consolidated
or related matter. The fee may be waived for pro bono representation of an indigent client. Attorneys seeking a fee waiver must verify that all clients are indigent and that no attorney fee will be paid by the client. “Indigent” is defined as those individuals with gross income at or below 125% of the federal poverty guidelines, as calculated under the eligibility requirements for Legal Services Corporation grantees (45 C.F.R. § 1611).
Motion
The State Bar of Arizona will issue to the local Arizona lawyer a Notice of Receipt of Complete Application. The local Arizona lawyer then files a motion to associate the nonresident attorney pro hac vice with the court, board, or administrative agency where the cause is pending with a proof of services on all parties. The motion includes the following exhibits:
- The original Verified Application.
- The original Certificates of Good Standing.
- The State Bar of Arizona Notice.
The motion will also include a proposed order granting or denying the motion. The local Arizona lawyer must mail the motion and proposed order to the State Bar of Arizona. The tribunal is required to enter an order within 20 business days after the motion is filed and allowing pro hac vice admission is within the tribunal’s discretion. Absent special circumstances, repeated appearances by any person pursuant to this rule may be the cause for denial of the motion. The special circumstances may include, but are not limited to, a showing that the cause involves a complex area of law in which the nonresident attorney possesses a special expertise; or a lack of local counsel with expertise in the area of law involved in the case.
Nonresident attorneys cannot make appearances until the tribunal enters the order. The order is valid for one year from date of entry, and must be renewed for subsequent one-year periods. Attorneys have the continuing obligation to promptly advise the State Bar of Arizona of a disposition made of pending charges or any new disciplinary proceedings or investigations. The State Bar of Arizona will notify the tribunal. Attorneys must also notify the State Bar of Arizona if the tribunal revokes the pro hac vice admission.
Renewal
On or before the anniversary date of the filing of the Verified Application, the local Arizona lawyer must certify to the state bar that the nonresident attorney continues to act as counsel, or the cause has concluded. Attorneys must pay the fee, unless the fee has been waived. Attorneys failing to pay the fee within 30 days of the anniversary date are suspended from appearance. Attorneys will be reinstated by paying the fee and an additional $50 late penalty.