A proposal is under consideration in Arizona that would create a new type of legal license for individuals who have not completed the standard three-year Juris Doctor (J.D.) degree. The plan, advanced by the Arizona Supreme Court, would permit a person to practice criminal law, aside from cases where the death penalty could be imposed, after fulfilling a specific set of requirements. These requirements include completing a one-year Master of Legal Studies (MLS) course with a B grade or better, passing a specialized licensing exam, and working under the supervision of a licensed attorney for nine months.
According to Dave Byers, the director of the administrative office of the courts, this initiative is a response to the fact that Arizona is a “legal desert” with a per capita lawyer count lower than almost any other state. He stated that the new training is specifically geared to preparing people to work in the understaffed offices of public defenders and county attorneys, especially in rural areas where J.D. graduates are less inclined to practice. Byers did acknowledge, however, that once the period of supervision is over, those with the MLS designation would be free to take on criminal cases anywhere they wish.
The proposal has been met with both support and strong opposition. Rural prosecutors have shown support for the “Master of Legal Studies Criminal Law Program.” Conversely, many public defenders have opposed it since it was first circulated to stakeholders. Dean Brault, who directs public defense services for Pima County, called the idea “absurd” and said his office would not hire or supervise participants if the proposal is approved. He expressed concern that a one-year program for those whose life or liberty is at stake “is literally lowering the bar.”. Pima County Attorney Laura Conover echoed this sentiment, pointing out the “double standard” of needing a fully trained attorney for a will but accepting a “lesser trained, lesser educated, under-examined attorney” for a case involving a potential 25-year to life sentence.
Concerns have also been raised by the Arizona Attorneys for Criminal Justice, which represents criminal lawyers in the state. The group warned that the program could drive down the rates that counties are willing to pay for indigent defense work, as the new practitioners would presumably be paid less. Both the association and Brault have also suggested that the program could face constitutional challenges that might jeopardize the outcomes of cases handled by program participants.
In response to critics, Byers argued that MLS graduates would not necessarily be less academically trained than those with a J.D. He said that while a three-year law degree includes a wide variety of courses unrelated to criminal law, the MLS program would have an in-depth requirement of courses focused solely on criminal law and practice. Byers claimed that, academically, these graduates “will graduate with more academic training than the typical J.D.” in the criminal law field.
Additional Reading
Arizona proposes lower training requirements for criminal defenders and prosecutors, Reuters (September 4, 2025)
Arizona considers one-year law school program for criminal defense, Arizona Capitol Times (September 2, 2025)
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