Apprentice Program Aims to Solve Arizona’s Legal Desert, Elevating Near-Bar-Exam Passers

Mark Battaglia is the only lawyer in the small town of Benson, Arizona. For over 52 years, his practice has mainly handled estate law. When cases involving divorce or personal injury arise, Battaglia refers clients to nearby cities, Sierra Vista or Tucson. “I’ve seen two or three people over the years that have come here and hung a shingle for a year sometimes, or two, and they’ve moved on because they’re really not making much of a living to stick it out that much longer,” said Battaglia, who now runs his office with his daughter.

Arizona ranks 49th for the number of lawyers per capita in the United States. The shortage is most severe in rural areas, noted Arizona Supreme Court Chief Justice Ann Scott Timmer. To address this gap, the Arizona Lawyer Apprentice Program was launched last week. The initiative aims to help aspiring lawyers who narrowly missed passing their bar exams gain experience, with the goal of eventually obtaining their law licenses.

Graduates who scored within 10 points of passing the bar will have the chance to work as apprentice lawyers for two years in rural communities or public law offices before becoming fully licensed. “I think we’re starting here to see that this could be a win-win,” Timmer said. “It could help the people that maybe just miss this passing score on their exam and yet want to stay in the state, and encourage people to go to help with the rural areas.”

Carlos Lopez, Deputy County Attorney in Bullhead City, returned to his hometown after law school. He recalls a significant shortage of staff compared to his internship days. Lopez is optimistic that the apprentice program will alleviate some staffing issues in Mohave County. “In a short-staffed rural county, you get a lot of experience going in, because in reality we just need legally trained people to do the job of prosecutor, and not only that, but people to show up in court on behalf of the state,” Lopez explained.

John Peck, a former Justice of the Peace in Ajo, said the lack of attorneys often forces defendants to represent themselves in civil cases. High costs associated with traveling to urban centers like Phoenix or Tucson, combined with legal fees, place many rural residents at a disadvantage. The Ajo Justice Court can process up to 30 evictions in an hour, with landlords often having legal representation, unlike the defendants.

Arizona’s bar exam has one of the highest passing score requirements in the U.S. Last fall, the minimum score was lowered from 273 to 270, yet it remains the highest in the country. Many law graduates from the University of Arizona who come close to passing often move to nearby states with lower requirements, like New Mexico or Utah. The goal of the ALAP is to retain aspiring lawyers in Arizona.

According to the American Bar Association, the number of lawyers in Arizona has decreased by 4.3 percent over the past decade, despite an 18 percent population increase. The state has a first-time test taker pass rate of 70 percent, slightly below the national average. The new program allows participants to work for public law employers or under a supervising attorney in rural areas for two years. Upon completion, they will be deemed to have passed the bar exam under the court’s administrative order.

Timmer does not believe the ALAP will compromise the quality of legal representation in rural areas. She pointed out that neighboring jurisdictions consider lawyers with similar scores competent and that before bar exams, lawyers were certified through apprenticeships. “You’re giving people that chance to prove their competency in another way,” Timmer said.

Abigail Okrent, organizer of the Southern Arizona chapter of the National Lawyers Guild, argues the bar exam isn’t an accurate measure of legal success. “I think there’s really no indication that the bar exam shows whether or not you’re going to be good at being a lawyer,” Okrent commented. She believes financial incentives such as loan forgiveness would be more effective in attracting lawyers to rural areas.

Peck agreed, stating that financial security is a significant concern for new law graduates. “A graduate coming out of law school is going to be 26, 27 years old, and you’ve got bills to pay for school. Your career is starting and you want to start getting into a place that will offer financial security,” he said.