What Arizona’s Proposed One-Year Criminal Law Pathway Means for Defendants
Arizona is considering a bold shift in legal education and licensing that could reshape who is permitted to represent criminal defendants in this state. Under the proposal, a new Master of Legal Studies in Criminal Law (MLS-Crim) would let individuals with just one year of law-focused study and subsequent supervised practice handle most criminal cases, excluding capital prosecutions. Janet Altschuler offers a look at what this could mean for criminal defendants.
The Proposal: Key Features
Rather than the traditional three years of law school for a Juris Doctorate (JD), candidates in this pathway would complete two semesters of intensive criminal law coursework, graduate with at least a B average, and then pass a specialized licensing exam. After that, they would serve a roughly nine-month supervised practice period under a licensed attorney’s oversight before being permitted to handle non-capital criminal matters independently. Proponents argue that Arizona is a “legal desert,” with too few licensed attorneys in rural regions, and that this pathway could help address that shortage.
Implications for Criminal Defendants
For defendants, this proposed change raises questions about counsel quality, fairness, and constitutional protections. On one hand, increasing the pool of attorneys might improve access to representation, especially in underserved or remote areas where criminal defendants sometimes struggle to find counsel. But expanding who may act as a criminal lawyer could also introduce concerns about experience, depth of training, and the ability to navigate complex legal issues.
Defendants may worry about being represented by someone who has had only one year of formal legal education and limited practical experience. Cases with complicated constitutional questions, plea negotiations, sentencing strategies, or appellate considerations may require judgment and experience beyond what a one-year program plus supervised practice can always provide.
Additionally, unequal expectations may emerge. If some defendants are represented by seasoned JD-trained attorneys while others by MLS-Crim licensees, disparities in defense skill could become more visible. That raises potential concerns about equal protection, effective assistance of counsel, and appeals based on deficient performance.
Risks & Opposition
The proposal has drawn strong opposition from many in the legal community. Public defenders and defense bar groups warn that lowering educational prerequisites for criminal representation may degrade standards and expose defendants to less capable counsel. Some prosecutors also express reservations about introducing attorneys with minimal training into high-stakes cases. Critics argue the plan could ultimately prompt constitutional challenges, especially in cases where convictions later rest on claims of inadequate counsel.
Indeed, the Arizona Supreme Court recently declined to move forward with the plan as originally presented, citing concerns about due process and the bar’s standards. While the idea was explored, it has been effectively shelved for now.
What Defendants Should Do
If you’re a defendant in Arizona, the proposed pathway underscores the importance of scrutinizing your counsel. Ask whether your lawyer has a full JD and relevant courtroom experience. In future, if the system changes, it will be critical to demand competent representation, challenge any inadequate performance, and raise objections when representation falls below acceptable professional standards. Given how fundamental competent counsel is to procedural fairness, the proposal—if ever revived—would demand vigilance. Until then, the traditional standard continues: Defendants are entitled to representation by attorneys with full legal training, unless and until Arizona law officially changes.
If you are charged with a crime now or in the future, your choice of attorney matters more than ever. Ensure your counsel is fully qualified to protect your rights at every stage. Want to talk about your case or your rights under current law? Contact Janet Altschuler today for a strategic consultation tailored to your situation.