NAAMJP V. Berch, No. 13-17082 (9th Cir. 2014)
Annotate this CasePlaintiffs filed suit against justices of the Arizona Supreme Court challenging the Arizona Supreme Court Rule 34(f) (the AOM Rule). The AOM Rule permits admission on motion to the Arizona Bar for attorneys who are admitted to practice law in states that permit Arizona attorneys to be admitted to the bars of those states on a basis equivalent to Arizona’s AOM Rule, but requires attorneys admitted to practice law in states that do not have such reciprocal admission rules to take the uniform bar exam (UBE) in order to gain admission to the Arizona Bar. The court concluded that although plaintiffs can establish Article III standing based on injuries suffered by Plaintiff Girvin, plaintiffs failed to establish that the AOM Rule is unconstitutional on First Amendment, Fourteenth Amendment, or Privileges and Immunities Clause grounds. Accordingly, the court affirmed the district court's grant of summary judgment to the justices.
Court Description: Civil Rights. The panel affirmed the district court’s summary judgment in favor of justices of the Arizona Supreme Court in an action challenging Arizona Supreme Court Rule 34(f), which describes how experienced attorneys can be admitted on motion to the State Bar of Arizona. Rule 34(f) permits admission on motion to the Arizona Bar for attorneys who are admitted to practice law in states that permit Arizona attorneys to be admitted to the bars of those states on a basis equivalent to Arizona’s, but requires attorneys admitted to practice law in states that do not have such reciprocal admission rules to take the uniform bar exam in order to gain admission to the Arizona Bar. The panel held that plaintiffs established Article III standing based on injuries suffered by plaintiff Alison Girvin, a member of the State Bar of California, who took and failed Arizona’s uniform bar exam and was unable to practice as an Arizona attorney. The panel held that plaintiffs failed to establish that the Arizona Rule is unconstitutional on Fourteenth Amendment, First Amendment, or Privileges and Immunities Clause grounds. The panel therefore rejected plaintiffs’ claims that the Arizona Rule discriminates against attorneys admitted to the bar in states that do not have reciprocity with Arizona. The panel further held that the Arizona Rule (1) does not favor Arizona’s in-state citizens over out-of-state citizens; and (2) is a reasonable time, place, and manner restriction that serves a substantial government interest. The panel held that any negative impact on interstate commerce stemming from the Arizona Rule was mitigated by the existence of alternative means of admission to the Arizona Bar. Finally, the panel affirmed the district court’s order denying plaintiffs’ motion to amend their complaint under Fed. R. Civ. P. 15(a) to join a John Doe plaintiff.
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