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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
REVISED
attorney fees; defendant; acquittal
Purpose
Requires a defendant who is acquitted on merits and who hired private counsel for the defendant's defense to be awarded reasonable attorney fees and costs.
Background
Current statute requires the courts to award reasonable attorney fees, costs, compensation for lost income and all expenses incurred by a defendant in the defense of any civil action if the defendant prevails in the civil action (A.R.S. § 13-420).
In any civil action commenced or appealed in a court of record in the state, the court must assess reasonable attorney fees, expenses and, at the court's discretion, double damages up to $5,000 against an attorney or party, including the state and political subdivisions, if the attorney or party: 1) brings or defends a claim without substantial justification; 2) brings or defends a claim solely or primarily for delay or harassment; 3) unreasonably expands or delays the proceeding; or 4) engages in abuse of discovery. The court may allocate the payment of attorney fees among the offending attorneys and parties, jointly or severally, and nay assess separate amounts against an offending attorney or party (A.R.S. § 12-349).
The Joint Legislative Budget Committee (JLBC) issued a fiscal note on H.B. 2476, a nearly identical measure, that estimates that this legislation could result in up to $750,000 in additional costs in the superior court beginning in FY25. JLBC expects that the majority of the cost will be borne by the counties, but in cases brought by the Attorney General, the cost could be borne by the state (JLBC fiscal note).
Provisions
2. Makes technical changes.
3. Becomes effective on the general effective date.
Revisions
ˇ Corrects the fiscal impact statement.
Prepared by Senate Research
February 7, 2024
ZD/SB/cs