Scheehle

Scheehle v. Justices of the Supreme Court of Arizona

Good Law
2001 Daily Journal DAR 7771·257 F.3d 1082·2001 Cal. Daily Op. Serv. 6316·2001 U.S. App. LEXIS 16791
United States Court of Appeals for the Ninth CircuitJuly 26, 2001No. 00-15457California1,302 words

Opinion

Lead Opinion

Hawkins, J.

Mark V. Scheehle, an attorney in Mari-copa County, Arizona, challenges the system of appointing arbitrators in Maricopa County Superior Court. Scheehle alleges that requiring certain attorneys to serve as arbitrators in civil cases constitutes a taking of his property without just compensation and violates his rights under the Equal Protection Clause of the Fourteenth Amendment. We reject these arguments and hold that a state can impose reasonable requirements upon attorneys as a condition of membership in a state bar.

BACKGROUND

An Arizona statute authorizes the Superior Court of Arizona to provide for compulsory arbitration of cases within jurisdictional limits set by local rule. A.R.S. § 12-I33(A). In Maricopa County, cases involving an amount in controversy of less than $50,000 are subject to mandatory ar *1084 bitration. The Arizona Supreme Court has adopted Uniform Rules of Procedure for Arbitration to govern these arbitra-tions.

If the parties do not stipulate to a particular arbitrator, the Uniform Rules provide that the arbitrator shall be appointed by the court as provided by local rule from a list of attorneys. Uniform Rule 2(b). The Uniform Rules identify three…

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