David K. Byers
Administrative Director
Administrative Office of the Courts
1501 W. Washington, Suite 411
Phoenix, AZ 85007-3327
Phone: (602) 452-3301
[email protected]

Read in isolation, the Servicemember Civil Relief Act (SCRA) requires state licensing authorities to recognize a servicemember’s or spouse’s license to practice law in another U.S. jurisdiction as valid to practice law in in Arizona with minimal restrictions. While the Court has been and remains available to consider applications for licensure made directly under SCRA, adoption of the proposed Rule 38(e) Certification of Military Servicemember and Military Servicemember Spouse would signal the Court’s willingness to consider applications for licensure from a servicemember or servicemember’s spouse while properly retaining its exclusive authority. “The determination of who shall practice law in Arizona and under what condition is a function placed by the state constitution in this court.” Scheehle v. Justs. of the Supreme Ct. of the State of Arizona, 211 Ariz 282, 290 ¶ 29 (2005).

Expedited consideration on the August 2026 Rules Agenda and emergency adoption at that time is requested.

Filed: July 13, 2026

Would adopt a new Rule 38(d) of the Rules of the Supreme Court of Arizona governing the certification of a military servicemember or servicemember’s spouse to practice law in Arizona and would abrogate Rule 39(d) of the same rules.

Comments due no later than October 1, 2026, and any reply due no later than October 15, 2026.