Assigned to JUDE                                                                                                                   FOR COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

FACT SHEET FOR S.B. 1434

attorney discipline; jury trial

Purpose

Allows an attorney who is the subject of an attorney discipline matter to request a jury trial.

Background

Attorney discipline matters are handled by the State Bar of Arizona (SBA). A complaint can be filed by any person and complaints can be submitted in writing, over the phone or through the SBA website. Complaints found to have insufficient grounds may be dismissed before investigation.

Formal attorney discipline matters are initiated by the SBA's filing of a complaint with the Disciplinary Clerk of the Arizona Supreme Court. If the matter is not settled, a hearing is held before a disciplinary panel consisting of the presiding disciplinary judge, a volunteer attorney and a volunteer member of the public. The disciplinary panel issues a decision following the hearing. The attorney who is the subject of the disciplinary matter can choose to appeal the decision to the Arizona Supreme Court. Once the Arizona Supreme Court issues a ruling, the decision is final, and no further appeals can be made. Sanctions issued in a disciplinary matter can include an admonition, a reprimand, short-term or long-term suspension, probation and disbarment (SBA).

A jury for trial for any civil case must consist of six persons in a court not of record or eight persons in a court of record. A jury of six requires a concurrence of all but one and a jury of eight requires a concurrence of all but two for a verdict (A.R.S. § 21-102).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Allows an attorney who is the subject of an attorney discipline matter to request a jury trial.

2. Becomes effective on the general effective date.

Prepared by Senate Research

February 8, 2025

ZD/AW/ci