FOR IMMEDIATE RELEASE: August 16, 2011
Contact: Rick DeBruhl, Chief Communications Officer
Phone: (602) 340-7335, Mobile: (602) 513-6385
Email: rick.debruhl@staff.azbar.org
Arizona Supreme Court Agrees to Extend Comment Period on Client Representation
PHOENIX - Aug. 16, 2011- The Arizona Supreme
Court has issued an order granting the State Bar of Arizona's
request to extend the comment period regarding its proposal dealing
with lawyers who exhibit bias or prejudice while representing
clients. The new deadline for the comment period is Nov. 1,
2011.
"The State Bar's goal in seeking the extension was to ensure
that we had the opportunity to assess the proposal and give it the
appropriate consideration required to make a recommendation that
will ultimately lead the legal profession - in Arizona - in a
positive direction, said State Bar President Joe Kanefield.
The change put forth by the State Bar would add language to rule
42, ER 8.4 stating that it is professional misconduct - after
retaining a client - to "knowingly manifest bias or prejudice based
upon race, gender, religion, national origin, disability, age,
sexual orientation, gender identity or expression, or socioeconomic
status in the course of representing a client when such actions are
prejudicial to the administration of justice; provided, however,
this does not preclude legitimate advocacy when such classification
is an issue in the proceeding."
A key element to note in the revised rule is that it applies to
clients who are already being represented by an attorney and does
not prevent an attorney from refusing to take on a client because
of conflicting philosophical or religious beliefs.
The original comment period deadline was May 20, 2011.
About the State Bar
The State Bar of Arizona is a non-profit organization that operates under the supervision of the Arizona Supreme Court. The Bar includes approximately 16,000 active attorneys and provides education and development programs for the legal profession and the public. Since 1933 the Bar and its members have been committed to serving the public by making sure the voices of all people in Arizona are heard in our justice system.
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