Background
Lawyers for Fair Reciprocal Admission challenged Arizona Supreme Court Rule thirty-four, which allows attorneys licensed in other states to be admitted in Arizona without taking the Arizona Bar examination if their home state offers similar privileges. The district court dismissed the complaint and issued a pre-filing order against the plaintiff’s attorney, Joseph Giannini.
The court’s reasoning
The court found that the plaintiff’s arguments were squarely foreclosed by prior Ninth Circuit opinions involving the same attorney. The panel determined that recent Supreme Court cases did not undermine existing precedent because the rule does not discriminate based on race, speech content, or viewpoint. Regarding the pre-filing order, the court concluded the filings were baseless and made without reasonable inquiry, noting the attorney’s history of unsuccessful challenges to similar admission schemes.
What it means going forward
The decision reinforces the binding nature of prior Ninth Circuit precedent on bar admission rules and validates the use of pre-filing orders against attorneys who repeatedly file meritless claims regarding lawyer licensing.
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