ADMISSION PRO HAC VICE IN ARIZONA

Amended Supreme Court Rule 38(a), the Pro Hac Vice Rule, adopted by the Supreme Court was effective September 1, 2002. The State Bar is the record repository for all who apply for pro hac vice admission. Arizona attorneys associating with out-of-state counsel appearing pro hac vice and out-of-state lawyers seeking pro hac vice admission in Arizona should be aware of the changes in Supreme Court Rule 38(a).

The amended rule includes the following substantive changes:

• The Application for admission pro hac vice is filed with the State Bar of Arizona.
• Applicants must pay a fee of $391.00 to apply for pro hac vice admission. Because the fee is computed at 85% of the fee assessed members of the State Bar of Arizona, the fee will increase as fees increase for members of the State Bar.
• A Certificate of Good Standing from each state or court in which the applicant has been admitted must accompany the Verified Application.
• The Arizona attorney who associates with the out-of-state attorney will be required to file a Motion to Associate Counsel pro hac vice and submit a Proposed Order.

The amended rule remains unchanged as follows:

• The applicant must list each application for admission pro hac vice filed in the previous three years and must reveal whether the application was granted or denied.
• The applicant must identify all of the courts to which the applicant has been admitted and must attest to being in good standing with each of the courts.
• The applicant must affirm that he or she is neither disbarred nor suspended in any court.
• Admission pro hac vice under this rule is discretionary with the court in which the application for admission is made.
• The rule does not contemplate pro hac vice appearances by attorneys licensed elsewhere, but who reside in the State of Arizona.

  The U. S. District Court in Arizona and the U.S. Bankruptcy Court have their own requirements and forms governing pro hac vice appearances which can be accessed at www.azd.uscourts.gov or www.azb.uscourts.gov.

The pro hac vice Application form is available on this Web site and at any of the Arizona courts. The State Bar of Arizona also has formatted an example of a Motion to Associate Counsel and Order for the use of its Arizona members.

Summary of Pro Hac Vice Instructions and Information
What does an applicant need?

• Original and one (1) copy of verified application. Online Form.
• An original certificate of good standing from each jurisdiction where applicant has been admitted.
• A motion to associate local counsel. Sample Motion and Order.
• A proposed order.
• An Arizona sponsoring attorney.
• A check in the amount of $391.00.

What Gets Filed Where and When

In order to process the application and issue a Notice of Receipt of Complete Application, the Bar needs: (1) the original signed and notarized application; (2) the original certificate(s) of good standing; and (3) a check in the proper amount made payable to the State Bar of Arizona. Please send to:

State Bar of Arizona
Pro Hac Vice
4201 N. 24th Street, Suite 200
Phoenix, Arizona 85016

If the documents are in proper order, the Bar will mail a Notice of Receipt of Complete Application along with the original verified application and original certificates of good standing to local counsel.

Arizona counsel should then file with the court: the original motion with (1) original verified application, (2) Notice of Receipt of Complete Application, (3) the original certificate(s) of good standing, together with proof of service on all parties. Arizona counsel shall also include an original proposed order granting or denying the motion.

Local counsel shall mail a copy of the final order granting or denying the motion to the State Bar of Arizona.

Please contact the State Bar at 602-340-7239 or toll-free at 1-866-482-9227 with any questions you may have.