Assigned to JUDE FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
FACT SHEET FOR S.B. 1435
attorney discipline investigations; costs
Purpose
Allows an attorney who prevails in an attorney discipline matter to file a claim against the
State Bar of Arizona (SBA), if the attorney has suffered damage to their reputation.
Background
If an attorney who is the subject of a discipline matter prevails, the SBA is responsible for
any attorney fees and court costs. Court costs include the cost of all stages of the investigation and
discipline process and, if applicable, any court litigation and appeal (A.R.S. § 12-353).
Formal attorney discipline matters are initiated by the SBA's filing of a complaint with the
Disciplinary Clerk of the Arizona Supreme Court. If the matter is not settled, a hearing is held
before a disciplinary panel consisting of the presiding disciplinary judge, a volunteer attorney and
a volunteer member of the public. The disciplinary panel issues a decision following the hearing.
The attorney who is the subject of the disciplinary matter can choose to appeal the decision to the
Arizona Supreme Court. Once the Arizona Supreme Court issues a ruling, the decision is final,
and no further appeals can be made. Sanctions issued in a disciplinary matter can include an
admonition, a reprimand, short-term or long-term suspension, probation and disbarment (SBA).
Attorney discipline matter means any charge that is not dismissed by the SBA before the
final disposition of the complaint by the presiding disciplinary judge of the Arizona Supreme Court
(A.R.S. § 12-353).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Allows an attorney that prevails in an attorney discipline matter to file a claim against the SBA
if the attorney suffers damage to their reputation.
2. Entitles an attorney that prevails in an attorney discipline matter to loss of earnings, which are
calculated during the time period covering all stages of investigation, discipline and any court
litigation and appeal.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Prepared by Senate Research
February 8, 2025
ZD/AW/ci