10-Dec-2012, Guy W. Bluff, Esq.
15 days after the Arizona Supreme Court issued its Emergency Order #2012-85 modifying Arizona’s Administrative Code relating to Certified Legal Document Preparers, the Court issued a new Order rescinding the same (see Administrative Order 2012-94).
On 21-Nov-2012, Arizona’s Chief Justice amended ACJA §7-208(F) to clarify, among other things, that Legal Document Preparers may not execute lien documents consistent with prior court rule petition decisions. Subsequent to issuance of Order #2012-85, Arizona’s Certification and Licensing Division advised the Chief Justice that the emergency order as drafted also had the unintentional effect of prohibiting Legal Document Preparers from executing Preliminary 20 Day Notices pursuant to ARS §33-992.01.
The Chief Justice acknowledged that the amendment was meant to apply only to the execution of Mechanic Liens and that because the wording of the amendment had caused unintended consequences, it was desirable to receive further public comment before adopting the exact wording of any amendment.
Emergency Order #2012-85 was therefore rescinded immediately and retroactively.
Practice Pointer for Attorneys:
For attorneys, it will be important to still carefully review any recorded Mechanic’s Lien to determine whether such document was signed by an appropriate person “with knowledge” as required by ARS § 33-993.
 Guy W. Bluff, Esq. is a trial and business attorney licensed in Arizona, California, and Colorado. Mr. Bluff is a frequent contributor and author of articles and books relating to Mechanic’s Liens, Preliminary Notices and Bond Claims procedures. He is the author of the practice manual – Construction Lien Law in Arizona (©, 2005, 2009, 2012).