|
REFERENCE TITLE: civil court supremacy; due process |
|
State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
|
|
HB 2604 |
|
|
|
Introduced by Representative Blackman
|
AN ACT
AMENDING TITLE 12, CHAPTER 1, ARIZONA REVISED STATUTES, BY ADDING article 5; RELATING TO courts of record.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 12, chapter 1, Arizona Revised Statutes, is amended by adding article 5, to read:
ARTICLE 5. CIVIL COURT SUPREMACY AND DUE PROCESS
12-181. Definitions
In this article, unless the context otherwise requires:
1. "Civil court" means the superior court and any other state court of competent jurisdiction.
2. "Neutral principles of law" means objective civil legal standards applied without reference to religious, ideological or cultural doctrine.
3. "Private tribunal" means any nongovernmental body, panel, mediator, council, forum or other entity that purports to resolve disputes or issue decisions affecting legal rights or obligations.
4. "Voluntary arbitration" means arbitration entered into knowingly, freely and without coercion, compulsion, penalty or retaliation for refusal.
5. "Vulnerable person" means a minor or any person subject to dependency, coercion, intimidation or a substantial imbalance of power.
12-181.01. Supremacy of civil courts
A. A private tribunal may not:
1. Supersede or displace the jurisdiction of civil courts.
2. Restrict, penalize, discourage or condition access to civil courts.
3. Claim exclusive, compulsory or binding authority over any person.
B. Any agreement or provision THAT ATTEMPTS to waive or limit access to civil courts or judicial review is void as against public policy.
C. Civil courts retain inherent authority to review any private adjudication for:
1. Jurisdiction.
2. Voluntariness.
3. Procedural fairness and due process.
4. Compliance with constitutional and statutory law.
12-181.02. Nonwaivable rights and voluntariness
A. A person may not waive THE RIGHT TO:
1. Due process of law.
2. Equal protection of the laws.
3. Personal liberty.
4. Bodily integrity.
5. Protection from abuse, violence, neglect or exploitation.
B. Consent to adjudication by a private tribunal is invalid if the consent is obtained through:
1. Family pressure.
2. Community pressure.
3. Moral, ideological or social coercion.
4. Fear of ostracism, punishment, retaliation or penalty.
C. Courts shall apply a rebuttable presumption of nonvoluntariness where a substantial power imbalance exists between a party and a private tribunal.
12-181.03. Testimonial equality and evidentiary neutrality
A. A court may not recognize or enforce any decision, award or agreement of a private tribunal if the private tribunal applied any rule or practice in which the credibility, weight, admissibility or sufficiency of testimony or evidence was determined by reference to:
1. Sex.
2. Age.
3. Familial or marital status.
4. Any classification inconsistent with equal protection under the Constitution of this state or the United States.
B. All participants must be afforded testimonial equality and have substantially equal opportunity to present evidence and testimony, and no tribunal rule assigning greater or lesser evidentiary value to any class of persons shall be enforceable.
C. Courts shall apply neutral principles of law in making determinations under this section without interpreting religious doctrine or belief.
12-181.04. Protection of women, children and vulnerable persons
A. A private tribunal decision may not be enforced if it:
1. Discriminates on the basis of sex, age, disability or any protected class.
2. Diminishes parental, custodial or protective safeguards for children.
3. Subordinates personal safety to family unity, honor, custom or reconciliation.
4. Treats abuse, neglect, violence, exploitation or threats to safety as solely private matters.
B. In matters involving marriage, dissolution, child custody, support, visitation, abuse, sexual exploitation, personal safety or dependency, civil courts shall conduct independent review and apply Arizona law exclusively.
12-181.05. Transparency, recordkeeping and judicial oversight
A. A decision of a private tribunal may not be enforced unless:
1. Procedural rules of the private tribunal were disclosed in writing to all participants.
2. Documentation exists showing each participant’s voluntary participation.
3. Records sufficient to demonstrate voluntariness and procedural fairness are preserved.
4. Judicial review may occur using neutral principles of law.
B. This section does not require disclosure of confidential communications protected by statute, including attorney client privilege, clergy penitent privilege or other recognized privileges except to the limited extent necessary to establish voluntariness and procedural fairness.
C. Secrecy may not be used to conceal abuse, intimidate participants or prevent access to civil courts.
12-181.06. Mandatory reporting and anti-retaliation
A. A private tribunal, mediator or arbitrator may not suppress reporting of criminal conduct, impose confidentiality to conceal abuse or retaliate against any person seeking civil or criminal protection.
B. Any retaliation against a participant for seeking civil judicial protection voids any resulting decision and constitutes grounds for civil sanction.
C. This article does not alter or diminish legally recognized privileges that are otherwise subject to mandatory reporting laws of this State.
12-181.07. Preservation of autonomy and freedom of belief
A. This section does not authorize a court to:
1. Interpret religious doctrine or theology.
2. Regulate worship, belief, religious expression or spiritual teaching.
3. Interfere with internal governance or discipline of any voluntary association or religious organization.
4. Invalidate nonbinding spiritual counsel or pastoral guidance.
B. The doctrine of ecclesiastical abstention, as recognized by the Constitution of this state and case law, remains fully intact.
12-181.08. Equal Application
This article applies equally to all persons, organizations and associations without regard to religion, culture, race, sex, ethnicity, national origin or belief.
Sec. 2. Severability
If a provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
Sec. 3. Legislative Intent
A. The legislature finds and declares:
1. The Constitution of the United States and the Constitution of Arizona are the supreme law of this State and govern all persons, agreements and adjudications within its jurisdiction.
2. Civil courts provide fundamental protections for due process, equal protection, personal liberty, bodily integrity and the enforcement of statutory rights.
3. Private associations, arbitration bodies, mediation panels, councils and forums may provide valuable voluntary dispute resolution without claiming binding adjudicatory authority or imposing penalties that restrict access to civil justice.
4. There is a compelling state interest in ensuring that no private tribunal exercises de facto adjudicatory authority that displaces civil court jurisdiction, limits access to the courts or binds individuals through coercion, retaliation or penalty.
B. The legislature intends to:
1. Prevent the establishment or operation of any parallel or extra-constitutional legal system.
2. Ensure that all private adjudication remains subordinate to the civil courts of this State.
3. Protect constitutional rights that are nonwaivable as a matter of public policy.
4. Preserve voluntary dispute resolution and civic association while ensuring uniform enforcement of civil law.
Sec. 4. Short title
Title 12, chapter 1, article 5, Arizona Revised Statutes, as added by this act, may be cited as the "Arizona Civil Court Supremacy and Due Process Act".