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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
judicial immunity; exception
Purpose
Establishes an exception to the absolute immunity provided for the exercise of judicial functions.
Background
A public entity is granted absolute immunity from liability for acts and omissions of its employees that constitute the exercise of a judicial or legislative function, or the exercise of an administrative function involving the determination of fundamental government policy. Fundamental governmental policy involves the exercise of discretion and includes: 1) a determination of whether to seek or provide resources for the purchasing of equipment, the construction or maintenance of facilities, the hiring of personnel and the provision of governmental services; 2) a determination of whether and how to spend existing resources, including those allocated for equipment, facilities and personnel; 3) the licensing and regulation of any profession or occupation; and 4) the establishment, implementation and enforcement of minimum safety standards for light rail transit systems (A.R.S. § 12-820.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Stipulates that the absolute immunity from liability afforded to the exercise of a judicial function does not apply if the judicial function was completed by a judicial officer who knew or should have known that the judicial officer's actions concerning a case in controversy violated the civil rights of an adult or minor litigant, or an adult or minor affected by the case.
2. Makes technical changes.
3. Becomes effective on the general effective date
Prepared by Senate Research
February 16, 2026
ZD/ci