Bill Text: AZ SB1678 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced
Bill Title: Legal professionals; complaints; discipline; juries
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-06 - Senate read second time [SB1678 Detail]
Download: Arizona-2020-SB1678-Introduced.html
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REFERENCE TITLE: legal professionals; complaints; discipline; juries |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1678 |
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Introduced by Senator Farnsworth D
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AN ACT
amending title 32, Arizona Revised Statutes, by adding chapter 2; relating to attorneys.
(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
ARTICLE 1. GENERAL PROVISIONS
32-201. Legal professionals; complaints; discipline; juries; hearings; prohibitions; perjury; reexamination
A. The supreme court may process complaints against and discipline attorneys and other licensed professionals who are assigned to a legal proceeding. In disciplinary proceedings, the supreme court shall provide due process, including disclosing complaint responses to the complainant.
B. If any person other than the state bar of Arizona believes that justice is not served by a decision of the state bar of Arizona in a disciplinary proceeding, the person may ask for and subsequently shall be provided a hearing in the superior court in the county of jurisdiction where the evidence shall be examined by and a verdict rendered by a jury. This due process applies to attorneys and other licensed professionals who are assigned to a legal proceeding.
C. Mediation is the preferred method of settling disputes relating to an attorney or other licensed professional who is assigned to a legal proceeding. This may include any discussions or other communications aimed at resolving the dispute before litigation in superior court. All records of mediation or the fact that there has been no mediation shall be placed on the record for the judge or a jury to review.
D. For a decision rendered by the state bar of Arizona from and after the effective date of this section, if the complainant does not believe that justice is served or that the public has not been protected, the complainant may request a hearing as described in subsection B of this section within forty‑five days after the state bar of Arizona renders the decision. The hearing described in subsection B of this section must take place within forty‑five days after the date of the request.
E. For state bar of Arizona decisions rendered in a disciplinary proceeding before the effective date of this section, mediation shall be attempted and documented. If necessary, a hearing may be requested and furnished by the court to settle the matter in the manner prescribed by this section.
F. In a hearing pursuant to this section, a jury may sanction any party, including the state bar of Arizona, up to $2,500, to be paid to any party to the hearing.
G. From and after the effective date of this section, For all new complaints to the state bar of Arizona relating to an attorney or other licensed professional who is assigned to a legal proceeding, complainants shall be verifiably notified of the option to have a jury make the final decision. Failure to notify renders decisions made by the state bar of Arizona void and unenforceable.
H. In a hearing conducted pursuant to this section, a Jury:
1. May restore an attorney's or other licensed professional's license if the jury does not have more than two dissenting votes.
2. May sanction an attorney or other licensed professional if the jury does not have more than one dissenting vote.
3. May revoke an attorney's or other licensed professional's license if the jury has a unanimous vote.
I. Jury instructions shall include a copy of this section.
J. In a hearing conducted pursuant to this section, The standard of evidence for:
1. Determining the discipline of an attorney or other licensed professional who is assigned to a legal proceeding is clear and convincing evidence.
2. Determining monetary damages is a preponderance of the evidence.
K. The right to a jury cannot be violated and therefore the court has no discretion to violate this right. The right to have a jury make the final decision on attorney licensure and discipline for an amount that exceeds $1,000 is preserved.
L. Attorneys must swear an oath to the United States constitution and the Arizona constitution to defend the rights of their clients pursuant to article VI, clause 3 of the United States constitution. Any other oath swearing allegiance to the court is void.
M. IN a hearing pursuant to this section, presenting false evidence or withholding exculpatory evidence may be considered perjury and enforced in criminal court under title 13, chapter 27. Any party to the case or the judge or the jury with not more than two dissenting votes may refer such charges to the county attorney or the attorney general. An investigation shall be conducted and a report with recommendations shall be sent to a grand jury. Prosecutorial discretion resides exclusively with the grand jury.
N. A complainant may have a jury reexamine discrete portions of a decision of the state bar of Arizona or other licensing board. It is not required that the entire matter be relitigated or reexamined. Total fees for a subsequent hearing that is heard and decided by a jury may not exceed $500.
Sec. 2. Legislative intent
The intent of this act is to protect the public from all licensed legal professionals who are assigned to a case and expected to follow a code of conduct.
