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REFERENCE TITLE: protected persons; jury trial right |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2972 |
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Introduced by Representative Keshel
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AN ACT
amending sections 14-1306 and 14-5111, arizona revised statutes; relating to jury trials.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 14-1306, Arizona Revised Statutes, is amended to read:
14-1306. Jury trial
A. If duly demanded, A party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
B. If there is no the right to trial by jury under subsection A of this section or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
Sec. 2. Section 14-5111, Arizona Revised Statutes, is amended to read:
14-5111. Duties of appointed attorney; contempt
A. No not later than seven calendar days before the initial hearing on a petition for the appointment of a permanent guardian or permanent conservator, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall fulfill the following minimal duties:
1. Interview the alleged incapacitated person or person allegedly in need of protection.
2. Inform the alleged incapacitated person or person allegedly in need of protection of all of the following rights:
(a) The right to a trial by jury, which shall be given pursuant to section 14-1306.
(b) The right to select an attorney of the person's choosing. If the attorney is appointed by the court, the attorney shall explain to the alleged incapacitated person or person allegedly in need of protection that the person may hire a different attorney at the person's own expense.
(c) The right of the alleged incapacitated person or person allegedly in need of protection to appear in court and have any person the alleged incapacitated person or person allegedly in need of protection wishes to be present with the alleged incapacitated person or person allegedly in need of protection.
3. Provide the alleged incapacitated person or person allegedly in need of protection with both of the following:
(d) (a) A review of the court process, timelines and expected future proceedings.
(b) A copy of the A supreme court promulgated form titled order to a guardian, order to conservator or order to guardian and conservator, or a successor form, that the court will enter if the relief requested in the petition is granted.
B. At the initial hearing on the petition for appointment, the attorney for the alleged incapacitated person or the person allegedly in need of protection shall attest to the court that the attorney has fulfilled the requirements prescribed in this section or shall provide an explanation as to why the attorney has been unable to comply with the requirements prescribed in this section.
C. B. The court may find an attorney who fails to fulfill the duties prescribed in this section in contempt of court.