A bill, HB2219, which would require the Arizona Supreme Court to license attorneys passed out of the Arizona House Judiciary committee on Wednesday. The bill, sponsored by Rep. Anthony Kern passed on a 4-1 vote.
The bill was cosponsored by reps. Leach, Thorpe, Finchem, Petersen, Mitchell, and Weninger.
HB 2219 also requires the Court to adopt rules to carry out licensure that include:
a. Minimum qualifications;
b. Testing requirements;
c. Requirements for background investigations;
d. Attorney discipline; and
e. Disbarring attorneys.
The most contentious provision would not require an attorney to be a member of any organization to become or remain a licensed attorney in Arizona.
Currently, membership in the State Bar of Arizona (SBA) is mandatory for lawyers practicing in Arizona. According to the legislative overview, “In 1973, the Supreme Court adopted rules concerning the governance of the SBA. From 1973 until the State Bar Act was allowed to sunset in 1984, the regulation of attorneys was accomplished through both court rules and statutes. Since the sunset, the Supreme Court has held through Rule the authority to regulate attorneys and exercise oversight over the SBA. Specifically, Rules 31-74 of the Arizona Supreme Court outline the authority of the Court, the organization of the SBA, attorney licensure, requirements for attorneys and the discipline process.”
The SBA currently oversees 18,250 attorneys.