REFERENCE TITLE: attorney discipline; revocation; prohibited basis

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

SB 1092

Introduced by

Senator Kern

An Act

amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-119.06; relating to the supreme court.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-119.06, to read:

START_STATUTE12-119.06. Attorney discipline; license revocation; prohibited basis; civil penalty

A. The state bar of Arizona and the Arizona supreme court shall not infringe or impede the political speech rights of any attorney or the attorney's clients by disciplining or revoking an attorney's license for bringing a good faith, nonfrivolous claim that is based in law and fact to court.

B. The following civil penalties apply to a violation of this section:

1. If the state bar of Arizona violates this section, the state bar of Arizona is subject to a civil penalty that is equivalent to ten percent of the total amount of monies collected from licensing attorneys for the year in which the violation occurs.

2. If the supreme court violates this section, the supreme court is subject to a civil penalty that is equivalent to ten percent of the supreme court's budget from the prior fiscal year. END_STATUTE

Sec. 2. Legislative intent

The legislature intends that the first amendment right to petition for the redress of grievances protects the rights of attorneys and their clients to litigate as a form of political expression.