Arizona

Earlier this year, Arizona began training people to give limited legal advice on civil matters stemming from domestic violence. These advocates, the first of their kind in the state, are learning to provide legal advice on topics such as protective orders, divorce, child custody, consumer protection, and housing.

Last month, the Arizona Supreme Court voted unanimously to eliminate its ethics rules barring nonlawyers from having an economic interest in law firms or participating in fee-sharing, and streamlined advertising rules. The court also approved the licensing of “Legal Paraprofessionals," who will be able to represent clients in court.

On February 13, the Arizona Task Force on the Delivery of Legal Services filed a petition with the Arizona Supreme Court to eliminate Ethical Rule 5.4. Instead, the petition requests that the court adopt a framework for regulating what’s known as an alternative business structure.

Online dispute resolution is emerging in courts around the country. Last month, Arizona’s Administrative Office of the Courts announced the launch of an ODR pilot program in the family courts of Pinal County, and there are also startups providing similar services through intelligent dispute resolution.

In December 2018, NCSC issued its Final Report for the Arizona Superior Court’s three-year Commercial Court Pilot Program, which provides a formal analysis of the impact of the Commercial Court in cases not involving emergency relief, and offers additional recommendations to help streamline the now permanent Commercial Court.

On November 6, Coconino County became the first rural county in Arizona to voluntarily change from a partisan-popular election of superior court judges to a merit selection-judicial retention election.

More and more states are focused on civil justice reform in an effort to ensure their courts are accessible, efficient, and relevant to all. Arizona has been a long time leader in civil justice reform, and issued a series of rule changes that recently took effect July 1, 2018.

It is inspiring to watch as more and more states begin to address access to justice issues within their own courts. Arizona has been a leader in taking up the Call to Action from the Conference of Chief Justices and is in the process of implementing reforms. Arizona’s Civil Justice Reform Committee issued its report and recommendations, A Call to Reform: The Committee on Civil Justice Reform’s Report to the Arizona Judicial Council, in October 2016. The Supreme Court reviewed those recommendations and issued a series of rule changes that will take effect July 1, 2018.

No system of judicial selection and retention is perfect; however, merit selection systems attempt to balance judicial independence with voter accountability. Those are the comments of IAALS Executive Director Rebecca Love Kourlis who, along with IAALS Board Member Chief Justice (Ret.) Ruth McGregor of the Arizona Supreme Court, was interviewed by an investigative reporter for a  Goldwater Institute paper on the benefits of using a merit selection system for municipal judgeships.

Arizona’s Supreme Court has approved numerous civil justice reforms “aimed at reducing the time and expense it takes to resolve civil cases in Arizona’s superior courts.” The reforms are based on the recommendations of Arizona’s Civil Justice Reform Committee, which was established by the Arizona Supreme Court in December 2015 to “develop recommendations, including rule amendments or pilot projects, to reduce the cost and time required to resolve civil cases in Arizona’s superior courts.”