Arizona Character and Fitness Lawyer
The Character and Fitness application for licensure with the State Bar of Arizona ensures that applicants for the Bar not only meet Arizona’s requirement for the practice of law, but also show the ability to perform professional work in an open and honest manner and are not a danger to the public. The State Bar requires the disclosure of personal and professional history from Arizona attorneys looking for admissions, including:
- Criminal history
- Bankruptcies
- Civil Actions
- Debts
- Past employment
- Other professional licenses
- Traffic Cases
Character and Fitness Committee
Any past incidents involving the issues listed above could trigger an investigation by the Arizona Supreme Court Committee of Character and Fitness (“Committee“). An investigation could result in:
- A request for further information
- Informal Inquiry
- Informal Hearing
The Committee may, after further questions, investigation or hearing, recommend:
- Recommendation for Admission
- Denial of Admission
- Denial of Admission with suggestions for future re-application
- Conditional Admission (conditioned on compliance with terms)
The 2020 Annual Report of the Attorney Regulation Advisory Committee to the Arizona Supreme Court listed there were (after Informal Inquiries in 2020):
- Regular Admission 38
- Conditional Admission 5
- Referred for Formal Hearing 6
- Withdrew Application 2
Arizona Bar Application Guidelines on Substance Abuse
The Committee Guidelines provides guidance for applicants to the Arizona Bar with past substance abuse issues. Specifically, Rule 36(g) provides:
“An applicant who has engaged in conduct that could have
previously rendered him or her unfit to practice law may be conditionally admitted
if the applicant shows meaningful and sustained rehabilitation and otherwise
satisfies the eligibility requirements for admission…”
If the Applicant’s substance abuse conduct occurred within the 24 months prior to submission of the application the Committee will order a substance abuse evaluation for the applicant. The Committee will require an informal hearing with the applicant if:
- If the applicant has less than 24 months of sobriety;
- If there is evidence of alcohol or drug-influenced criminal behavior (regardless of conviction) within the past 7 years, regardless of what the independent evaluator says about current dependence or lack thereof;
- If there is disagreement between the independent evaluator and applicant’s evaluator on issue of sustained remission or dependence; or
- If the applicant has a pattern of abstinence and relapse.
Most importantly, the Committee has stated criteria for applicants with substance abuse issues that are not eligible for admission. Those include:
- Cannot prove sobriety for a period of 6 months prior to application; or
- Has a pattern of abstinence and relapse, and applicant cannot demonstrate full sustained remission for a period of 24 consecutive months; or
- Applicant fails to demonstrate that substance abuse will not affect his ability to practice law.
Chelle Law can assist applicants with the AZ Bar that have struggled with substance abuse formulate a plan which provides them with the best chance to get their application approved.
Types of State Discipline
The 2020 Annual Report of the Attorney Regulation Advisory Committee to the Arizona Supreme Court listed there were the following actions against attorneys licensed in Arizona in 2020:
- Disbarred 8
- Suspended 36
- Reprimanded 24
- Diversion Agreements 122
- Dismissals with Comment 191
As a lawyer, receiving a charge or inquiry letter from the State Bar of Arizona can be a scary thing. After receipt of the inquiry letter, the lawyer must respond to the Bar within the time frame listed within the letter. In 2020 the Bar received 2285 charges with 403 of those referred to investigation. Our Arizona Lawyer Discipline Counsel can assist with all Arizona Bar issues.
Attorney Discipline after Intake Review
However, most of the time an inquiry initiated after the Bar receives a “complaint” against a lawyer will begin with a call from an Intake Attorney with the Bar’s Lawyer Regulation Department. This Department resolves disputes and investigates allegations of misconduct, incapacity or lack of professionalism. After the intake call the Bar can:
- Dismiss the charge
- Offer Diversion
- Prepare a Written Charge and refer the matter to the Litigation Department
Legal Ethics Practice
If you’re interested in learning more about our Arizona Bar Complaint Attorney services and how to protect your license, set up a consultation with Chelle Law and reach out to us today.
