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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
attorney discipline; revocation; prohibited basis
Purpose
Prohibits the State Bar of Arizona (Bar) and the Arizona Supreme Court (Supreme Court) from disciplining or revoking an attorney's license for bringing a good faith, nonfrivolous claim that is based in law and fact to court. Subjects the Bar and Supreme Court to monetary civil penalties for a violation as outlined.
Background
The Supreme Court has the power to make rules relative to all procedural matters in any court (AZ Const. Art. VI § 5). The Supreme Court may make rules of pleading, practice and procedure supplementary to, but not inconsistent with, statute as prescribed, and to amend such rules for the purpose of the convenient administration of justice and simplifying procedure so far as it affects judicial review of administrative decisions (A.R.S. § 12-903).
The Supreme
Court of Arizona maintains under its direction and control a corporate
organization known as the Bar. Every person licensed by the Supreme Court to
engage in the practice of law must be a member of the Bar in accordance with
the Supreme Court Rules. The Supreme Court empowers the Bar, under the Supreme Court's
supervision, to: 1) organize and promote activities that fulfill the
responsibilities of the legal profession and its members to the public; 2) promote
access to justice for those who live, work, and do business in Arizona; 3) aid
the courts in the administration of justice; 4) assist the Supreme Court with
the regulation and discipline of persons engaged in the practice of law and
assist the Supreme Court with the regulation and discipline of alternative
business structures and legal paraprofessionals; and
5) conduct educational programs regarding substantive law, best practices,
procedure and ethics and report its recommendations to the Supreme Court
concerning these subjects (A.R.S.
§ Sup.Ct.Rules, Rule 32).
There may be a positive impact to the state General Fund if either the Bar or the Supreme Court commits an attorney discipline violation and is required to pay civil penalties as outlined.
Provisions
2. Subjects the Bar, if it commits a violation, 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 a violation occurs.
3. Subjects the Supreme Court, if it commits a violation, to a civil penalty that is equivalent to ten percent of the Supreme Court's budget from the prior fiscal year.
4. Contains a statement of legislative intent.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 31, 2023
ZD/KS/sr