Bill Text: AZ HB2221 | 2016 | Fifty-second Legislature 2nd Regular | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Attorney regulation; assessments; membership dues

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2016-05-05 - Senate third reading FAILED voting: (11-18-1-0) [HB2221 Detail]

Download: Arizona-2016-HB2221-Introduced.html

 

 

 

REFERENCE TITLE: attorney regulation; assessments; membership dues

 

 

 

State of Arizona

House of Representatives

Fifty-second Legislature

Second Regular Session

2016

 

 

HB 2221

 

Introduced by

Representatives Kern: Finchem, Lawrence, Mitchell, Thorpe

 

 

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.  Regulation of attorneys; mandatory assessments; voluntary membership dues; uses; public records

A.  To the extent provided by the arizona constitution, All regulatory functions relating to the practice of law, including the regulation of attorneys in this state, are within the authority of the supreme court.

B.  As a condition of practicing law in this state, the supreme court may collect A mandatory assessment from each attorney to support the court's regulatory functions.  The supreme court may use mandatory assessment monies only for the following regulatory functions for attorneys who are under the active supervision of the supreme court:

1.  Admitting an attorney to the practice of law.

2.  Maintaining attorney records.

3.  Enforcing the ethical rules that govern attorneys.

4.  Regulating any continuing legal education mandates for attorneys.

5.  Maintaining attorney trust account records.

6.  preventing the unauthorized practice of law.

C.  The state bar of arizona may establish, collect and use voluntary membership dues from an attorney for any lawful activity that is not included in subsection B of this section. 

D.  the collection of mandatory assessments must be separate from The collection of any Voluntary membership dues.  the supreme court shall incorporate any mandatory assessment monies collected into its budget.  Any other entity in this state may not collect mandatory assessment from an attorney.

E.  If the state bar of Arizona accepts any mandatory assessment monies collected by the supreme court to carry out a regulatory function listed in subsection B of this section, the state bar of Arizona shall:

1.  disclose and make available records and other matters in the same manner as is required of a public body pursuant to title 39, chapter 1.

2.  On or before December 31 of each year that mandatory assessment monies are accepted, make available to the public a list of all of the expenditures that were made with the mandatory assessment monies and provide an independent audit of the expenditures to ensure that all expenditures were in furtherance of the regulatory functions listed in subsection B of this section. END_STATUTE

feedback