Assigned to JUD FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR S.B. 1541
unjustified action; political action; costs
Purpose
Establishes additional requirements for determining if a political action brought in the
superior court is unjustified.
Background
In any civil action commenced or appealed in a court of record, the court must assess
reasonable attorney fees, expenses and, at the court's discretion, double damages of not to exceed
$5,000 against an attorney or party if the attorney or party: 1) brings or defends a claim without
substantial justification; 2) brings or defends a claim solely or primarily for delay or harassment;
3) unreasonably expands or delays the proceeding; or 4) engages in abuse of discovery. The court
may allocate the payment of attorney fees among the offending parties, jointly or severally, and
may assess separate amounts against an offending attorney or party (A.R.S. ยง 12-349).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Stipulates, when determining if an attorney or party has brought or defended a claim without
substantial evidence, that speech or conduct that is protected by the Arizona or U.S.
Constitution may not be used to infer that a claim or defense is not made in good faith.
2. Requires a motion for attorney fees, expenses or damages in an unjustified political action filed
in the superior court to be reviewed by a judge who is not deciding the merits of the underlying
action.
3. Requires each element used to determine if an action is unjustified to be proven by clear and
convincing evidence.
4. Requires, if a motion is denied, the moving party or the attorney to pay the fees, expenses and
damages incurred by the prevailing party and attorney in defending the motion.
5. Requires all underlying findings to be reviewed de novo if the motion is granted and appealed.
6. Defines political action as a claim of defense that involves ballot access, a political campaign,
an election, legislative proceedings or an alleged violation of the Arizona or U.S. Constitution.
7. Contains a severability clause.
FACT SHEET
S.B. 1541
Page 2
8. Contains a legislative intent clause.
9. Makes technical and confirming changes.
10. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2022
ZD/sr