ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
attorney general; representation; recusal
Purpose
Requires the Attorney General (AG) to protect the legal and civil rights of the people in Arizona.
Background
The AG serves as the chief legal officer of Arizona. The AG's duties
include: 1) act as the legal advisor of the departments of the state and render
legal services as requested; 2) represent school districts and governing boards
of school districts in any lawsuits involving a conflict of interest with other
counties; 3) represent political subdivisions, school districts and
municipalities in suits to enforce certain state or federal laws; and 4)
publish and distribute the Arizona Agency Handbook that explains the major
state laws governing state agencies at least every 10 years to state agencies,
departments, boards, commissions and councils and other persons and government
entities upon request. If the AG determines they are disqualified from
providing judicial or
quasi-judicial legal representation or services on behalf of a state agency,
the AG must provide a written notification to the state agency affected (A.R.S.
§ 41-192).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the AG to protect the legal and civil rights of the people in Arizona.
2. Prohibits the AG from acting as the legal advisor of a department if the department acts in a manner that may be considered contrary to the legal and civil rights of the people.
3. Requires, for a department that acts in a manner that may be considered contrary to the legal and civil rights of the people, the AG to:
a) advise the department of the perceived breach or misconduct and any appropriate solutions;
b) recuse themselves, if the AG is unable to find an appropriate solution; and
c) report the perceived breach or misconduct to the Governor, the President of the Senate and the Speaker of the House of Representatives.
4. Stipulates that if the AG continues to represent a department that may violate the legal and civil rights of the people, the continued representation may be considered ethical misconduct, subject to review and discipline by the appropriate professional regulatory board.
5. Makes technical and conforming changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2023
AN/SB/slp