Bill Text: AZ SB1589 | 2024 | Fifty-sixth Legislature 2nd Regular | Introduced
Bill Title: Attorneys; court-appointed professionals; juries
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-06 - Senate read second time [SB1589 Detail]
Download: Arizona-2024-SB1589-Introduced.html
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REFERENCE TITLE: attorneys; court-appointed professionals; juries |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1589 |
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Introduced by Senator Wadsack
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An Act
amending title 32, Arizona Revised Statutes, by adding chapter 2; 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 32, Arizona Revised Statutes, is amended by adding chapter 2, to read:
CHAPTER 2
ATTORNEYS AND COURT-APPOINTED PROFESSIONALS
ARTICLE 1. GENERAL PROVISIONS
32-201. Attorneys; complaints; discipline; right to jury hearings; prohibitions; perjury
A. The supreme court may process complaints filed against an attorney and discipline an attorney through the state bar of Arizona. In disciplinary proceedings, the supreme court shall provide notice and an opportunity for a hearing pursuant to rules adopted by the supreme court and shall disclose the attorney's responses to the complainant.
B. In addition to following the Arizona rules of professional conduct, an attorney shall:
1. Swear an oath to the United States constitution and the Arizona constitution and defend the rights of the attorney's clients pursuant to article vi, clause 3, United States constitution. Any other oath swearing allegiance to the court or any entity other than the constitution is void and prohibited.
2. Defend the rights of the attorney's clients, including article II, section 23, Constitution of Arizona, effectuated by the tenth amendment, United States Constitution.
C. If an attorney who is being investigated or disciplined by the state bar of Arizona believes that a civil penalty, fine or discipline is excessive or unjust or that justice is not served by a decision of the state bar of Arizona in a disciplinary proceeding, within forty-five days after the decision the attorney may request and shall be provided a new hearing in superior court in the county of jurisdiction within forty-five days after the request.
D. Mediation, including discussions and negotiations between the parties, is the preferred method of settling disputes relating to an attorney. Records of mediation or the fact that there has not been mediation shall be placed on the record for the judge and jury to consider. If mediation fails, a bench trial shall be conducted in superior court at which a judge shall examine the evidence and issue a ruling. If the attorney believes the judicial ruling is unjust, the attorney may demand and shall be furnished another bench trial with the same judge at which a jury shall examine evidence and render a verdict.
E. Notwithstanding any other law, for the purposes of this section a jury shall consist of ten citizens chosen at random from a jury pool. The jury may enter a verdict to disbar an attorney only by unanimous verdict using evidence that reaches the standard of clear and convincing. If the evidence does not reach this standard, the attorney shall remain licensed to practice law or have sanctions reduced as determined by the jury. Jury instructions shall include a copy of this section and the court record.
F. Perjury, providing false or manufactured evidence or withholding exculpatory evidence is prohibited and:
1. Is punishable under title 13, chapter 27.
2. Is a class 4 felony.
3. Shall be enforced in criminal court.
4. A person may refer a violation of this subsection to the county attorney or the attorney general.
G. Total fees for all subsequent hearings described in this section, including a jury, may not exceed $500.
H. Attorneys and court-appointed professionals shall be verifiably noticed of the option to have a jury make the final decision for sanctions, including disbarment. Failure to provide notice renders decisions made by the state bar of Arizona void and unenforceable requiring further proceedings to settle a dispute.
I. In a hearing pursuant to this section, a jury may sanction a party, including the state bar of Arizona, for misconduct in an amount of not more than $5,000, which may be paid to any party to the hearing.
J. For decisions made by the state bar of Arizona before the effective date of this section, if the attorney did not explicitly waive the attorney's right to a jury, the attorney is entitled to a new hearing as prescribed in this section.
K. The appellate provisions of this section are:
1. Available for the protection of lawyers and other licensed professionals who are assigned to court proceedings.
2. Not available to this state or the state bar of Arizona.
32-202. Licensed professionals; complaints; hearings
A. The supreme court shall exercise regulatory responsibility and authority over a licensed professional assigned to a court case and may prohibit the licensed professional from participating in future court proceedings.
B. In addition to the requirements of section 32-201:
1. Attorneys and all licensed professionals who are assigned to a court case shall follow their code of conduct.
2. If a licensed professional described in subsection A of this section believes that justice is not served or the public is not protected by a decision of the state bar of Arizona in a disciplinary proceeding, the person may request and subsequently shall be provided a hearing in the superior court in the county of jurisdiction using the process described in paragraph 3 of this subsection that applies to attorneys and other licensed professionals who are assigned to a legal proceeding through any regulatory body under this title. The request shall be filed within thirty days after the decision is rendered, and a new hearing shall be provided in superior court within forty-five days after the request is filed.
3. Mediation, including discussions and negotiations between the parties, is the preferred method of settling disputes relating to an attorney and a licensed professional who is assigned to a court case. Records of mediation or the fact that there has not been mediation shall be placed on the record for the judge and jury to consider. If mediation fails, a bench trial shall be conducted in superior court at which a judge shall examine the evidence and issue a ruling. If an attorney or the licensed professional believes the judicial ruling is unjust, the attorney or the licensed professional may demand and shall be furnished another bench trial with the same judge at which the evidence shall be examined and a jury verdict rendered.
4. In a hearing conducted pursuant to this section, a jury may:
(a) Restore an attorney's or other licensed professional's license if the jury does not have more than two dissenting votes.
(b) Revoke an attorney's or other licensed professional's license if the jury has a unanimous vote.
5. The appellate provisions of this section are:
(a) Available to the clients of lawyers and other licensed professionals who are assigned to court proceedings.
(b) Not available to this state or the state bar of Arizona.
32-203. Duty to defend client's constitutional rights; state statutes; attorney's code of conduct; violation; discipline
A. If an attorney knows that a state statute is contrary to the rights of the attorney's client as enumerated in the United States constitution or the Arizona Constitution, as interpreted by the supreme court of the United States or lower courts of jurisdiction, the attorney must challenge the constitutionality of the state statute in a trial court or must advise the state legislature regarding the unconstitutional statute.
B. The rights described in subsection A of this section include due process, equal protection, separation of powers and checks and balances.
C. Proper notice shall be placed on the record pursuant to section 12-1841, as applicable.
D. An attorney's failure to protect a client's rights from an unconstitutional law is a violation of the attorney's code of conduct, and the attorney is subject to discipline by the state bar of Arizona.
32-204. Law school curriculum supplements; bar examination; demonstrated proficiency
A. A law school curriculum in this state shall include time and materials necessary for students to understand the responsibilities described in section 32-203.
B. A state bar examination shall contain questions relating to an applicant's knowledge of the responsibilities described in section 32-203. Incorrect responses to these questions shall result in an applicant's failure of the examination and the requirement for the applicant to retake the examination.
C. The supreme court shall determine how to verify that an attorney practicing law in this state on the effective date of this section knows the requirements prescribed by section 32-203. An attorney who fails to comply with section 32-203 is subject to discipline by the state bar of Arizona.
Sec. 2. Legislative findings
The legislature finds that:
1. Attorneys are currently officers of the court and members of the judicial branch. This places every attorney who is in the executive and legislative branches in violation of article III, Constitution of Arizona, relating to separation of powers. These attorneys are conflicted and do not work for the public. The public and the legislature are getting conflicted and unreliable legal advice as a result.
2. Psychologists, parenting coordinators and other professionals are not regulated after they are assigned to a court case with predictable results of no accountability.
3. The right to a hearing decided by a jury cannot be violated and no one has the discretion to violate this right. The right to have a jury make the final decision on attorney licensure and discipline is a fundamental liberty interest and is inviolate pursuant to article II, section 23 and article VI, section 17, Constitution of Arizona.
