Arizona Supreme Court Rules Rule 38(g) of the allows military or government attorneys that may be barred in other states to be admitted on a limited basis. The requirements for a Arizona government attorney are as follows:
- Must be admitted to practice in another state jurisdiction (min of two years)
- Be employe full-time by a government entity
- Engage in the active practice of law
- Adhere to the CLE requirements
- An employer statement that indicates that the future employee will work for the employer as an attorney providing legal services
- Sworn statements that there has not been any violations of the ethic code or sanctions brought against the attorney in any other jurisdiction where they are barred.
- Can only perform legal services once admitted into Arizona for clients approved by the state of Arizona. (Can also not accept any compensation for those services except as given through their sate employer. Part time employment also not allowed).
Any attorney who is considered an active member of the Arizona bar must provide legal supervision to any state attorney that has not practiced in the state of Arizona for at least two years under the Arizona Supreme Court Rule 42 (ER 5.1).
Government Indigent Defense
A government indigent defense association is generally an entity formed under A.R.S. § 11-581 et. seq. The association must file a petition with the state bar confirming that they have out of state government attorneys that will be representing a client in the state of Arizona. Generally the petition must include the following in order to employ a Arizona government attorney:
- Description of the association
- Any other certificates the association has
- Annual report of the association under A.R.S. § 11-584.
- Certification the association applies with all model rules of professional responsibility
- Description of the funds that supportive association
- Type of individual the association will be representing
- Names of all attorneys who are members of the state bar employed by the association
Termination of ability to practice in Arizona
- Termination occurs to a Arizona government attorney when the purpose of the business ends
- When the Arizona government attorney becomes eligible to practice law, or the applicant has been in the state authorized to practice for more than two years.
- The attorney is no longer employed by the organization
Attorneys who are full-time active duty U.S. military JAGS are able to practice in the state on a limited basis on non-criminal issues. To eligible JAGS (judge advocates) must be in good standing and must be admitted to at least one state bar. JAGS are subject to all the disciplinary issues that members of the Arizona bar are subject to as well and must also adhere to all the rules of professional conduct. Opposing parties tend to have 10-14 days to object to opposing military counsels appointment.