ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: JUD DP 4-3-0-0 | 3^rd Read DP 16-12-2-0-0

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SB 1092: attorney discipline; revocation; prohibited basis

Sponsor: Senator Kern, LD 27

Committee on Judiciary

Overview

Prohibits the Arizona Supreme Court (Court) or the State Bar of Arizona (Bar) from infringing or impeding 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, and prescribes civil penalties for violations of this prohibition.

History

Court rule provides that the Court has jurisdiction over any person or entity engaged in the authorized or unauthorized practice of law in Arizona (Ariz. Sup. Ct. R. 31).

The Court maintains under its direction and control a corporate organization known as the Bar, of which every person licensed by the Supreme Court to engage in the practice of law must be a member. The Supreme Court empowers the Bar to engage in a number of activities under the Supreme Court's supervision, including, among others, assisting the Court with the regulation and discipline of persons engaged in the practice of law (Ariz. Sup. Ct. R. 32).

Provisions

1. Prohibits the Bar or the Court from infringing or impeding 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. (Sec. 1)

2. Imposes civil penalties for a violation of the above prohibition as follows:

a) For the Bar, a civil penalty that is equivalent to 10% of the total amount of monies collected from licensing attorneys for the year in which the violation occurs;

b) For the Court, a civil penalty that is equivalent to 10% of the Court's budget from the prior fiscal year. (Sec. 1)

3. Includes a statement of legislative intent. (Sec. 2)

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7.                   SB 1092

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