ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: JUDE DP 4-2-0-0 | 3rd Read 17-11-0-2

House: JUD DP 6-3-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

SB 1435: attorney discipline investigations; costs

Sponsor: Senator Finchem, LD 1

Caucus & COW

Overview

Increases the scope of recoverable costs for attorneys who prevail in disciplinary matters against the State Bar of Arizona.

History

A.R.S. § 12-353 mandates that in attorney discipline proceedings, if the attorney who is the subject of the charges prevails, the State Bar of Arizona must reimburse the attorney for attorney fees and all court costs incurred. These court costs include those associated with the entire investigative and disciplinary process, as well as any litigation and appeals.

Provisions

1.   Adds that, in addition to attorney fees and all court costs, the attorney is entitled to be reimbursed for loss of earnings. (Sec. 1)

2.   Specifies that loss of earnings is to be calculated over the full time period covering all stages of the investigation and any related court proceedings. (Sec. 1)

3.   Authorizes the attorney to file a claim against the State Bar if he suffers damages to his reputation. (Sec. 1)

 

 

 

 

 

 

 

 

 

 

 

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                        SB 1435

Initials NM    Page 0 Caucus & COW

 

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