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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
attorney discipline; revocation; prohibited basis
Purpose
Prohibits the State Bar of Arizona (Bar) and the Arizona Supreme Court (Supreme Court) from disciplining or revoking an attorney's license for bringing a good faith, nonfrivolous claim that is based in law and fact to court. Subjects the Bar and Supreme Court to monetary civil penalties for a violation as outlined.
Background
The Supreme Court has the power to make rules relative to all procedural matters in any court (AZ Const. Art. VI § 5). The Supreme Court may make rules of pleading, practice and procedure supplementary to, but not inconsistent with, statute as prescribed, and to amend such rules for the purpose of the convenient administration of justice and simplifying procedure so far as it affects judicial review of administrative decisions (A.R.S. § 12-903).
The Supreme Court classifies violations of a Rule of Professional Conduct
as grounds for discipline (A.R.S.
Sup. Ct. Rules, Rule 54). The Supreme Court maintains under its direction
and control a corporate organization known as the Bar. Every person licensed by
the Supreme Court to engage in the practice of law must be a member of the Bar
in accordance with the Supreme Court Rules. The Supreme Court empowers the Bar,
under the Supreme Court's supervision, to:
1) organize and promote activities that fulfill the responsibilities of the
legal profession and its members to the public; 2) promote access to justice
for those who live, work, and do business in Arizona; 3) aid the courts in the
administration of justice; 4) assist the Supreme Court with the regulation and
discipline of persons engaged in the practice of law and assist the Supreme
Court with the regulation and discipline of alternative business structures and
legal paraprofessionals; and 5) conduct educational programs regarding
substantive law, best practices, procedure and ethics and report its
recommendations to the Supreme Court concerning these subjects (A.R.S.
Sup. Ct. Rules, Rule 32).
There may be a positive impact to the state General Fund if either the Bar or the Supreme Court commits an attorney discipline violation and is required to pay civil penalties as outlined.
Provisions
1. Prohibits the Bar and the Supreme Court from infringing or impeding the political speech rights of any attorney or the attorney's clients by disciplining or revoking an attorney's license for bringing good faith, nonfrivolous claims that are based in law and fact to court.
2. Subjects the Bar, if it commits a violation, to a civil penalty that is equivalent to 10 percent of the total amount of money collected from licensing attorneys for the year in which the violation occurs.
3. Subjects the Supreme Court, if it commits a violation, to a civil penalty that is equivalent to 10 percent of the supreme court's budget from the prior fiscal year.
4. Contains a statement of legislative intent.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 26, 2024
ZD/KK/cs