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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DP 4-2-1-0 | Third Read 16-11-3-0-0 |
SB 1039: attorney discipline investigations; costs
Sponsor: Senator Finchem, LD 1
Committee on Judiciary
Overview
Adds loss of earnings to the list of recoverable expenses for attorneys who prevail in an attorney disciplinary matter and allows the prevailing attorney to file a claim against the State Bar of Arizona for reputational harm.
History
The Supreme Court of Arizona is responsible for and establishes rules regarding the regulation of the practice of law in Arizona. This includes establishing the State Bar of Arizona, regulating its members and, if needed, outlines a process for the State Bar to discipline an attorney for unprofessional conduct or for violating court rules (Supreme Court of Arizona).
If an attorney who is the subject of an attorney discipline matter prevails, statute directs that the State Bar of Arizona is responsible for paying the prevailing attorney all attorney fees and court costs. Court costs include the cost of all stages of the investigation, discipline process and, if applicable, any court litigation and appeal (A.R.S. § 12-353).
Provisions
1. Includes loss of earnings in the damages that must be paid to an attorney by the State Bar of Arizona if he prevails in an attorney discipline matter and allows him to file a claim against the State Bar if he suffers damage to his reputation. (Sec. 1)
2. Specifies that loss of earnings is calculated during the time-period that covers all stages of the investigation, discipline process, court litigation and appeals process. (Sec. 1)
3. Allows the prevailing attorney to file a claim against the State Bar if he suffered damage to his reputation. (Sec. 1)
4. Makes technical and conforming changes. (Sec. 1)
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Initials NM/NP SB 1039
3/5/2026 Page 0 Judiciary
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