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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
judges; law practice prohibition; exceptions
Purpose
Prohibits a judge from practicing law in Arizona, except if the judge is representing themselves pro se.
Background
The Arizona Supreme Court has administrative supervision over all courts in Arizona and authority to regulate the practice of law, including admission to practice and attorney discipline. The Arizona Constitution establishes the judicial department and provides for judicial discipline through the Commission on Judicial Conduct and the Arizona Supreme Court. Judges are subject to discipline, censure, suspension or removal pursuant to constitutional procedures, and the Arizona Supreme Court adopts rules governing attorney and judicial conduct under its constitutional authority (Ariz. Const. art. 6 §§ 1 and 3; Ariz. Const. art. 6.1 § 1; and A.R.S. § 12-109).
A judge may not
practice law, except that a judge may practice pro se and may, without
compensation, give legal advice to and draft or review documents for a member
of the judge's family, but may not serve as a family member's lawyer in any
forum. Judges who are retired,
part-time or pro tempore are also exempt from the prohibition of practicing
law. Judges who are actively practicing law at the time of their election or
appointment to the bench are encouraged to become familiar with ethical
considerations immediately affecting the transition from lawyer to judge (Ariz.
Code of Judicial Conduct R.3.10).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a judge from practicing law in Arizona, except that:
a) a judge may represent themselves pro se; and
b) a judge, without compensation, may give legal advice to and draft or review documents for a family member.
2. Prohibits a judge from serving as a family member's lawyer in any forum.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 13, 2026
ZD/MY/ci