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HB2972 • 2026

protected persons; jury trial right

HB2972 - protected persons; jury trial right

Parental Rights
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Rachel Keshel
Last action
2026-02-03
Official status
House second read
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details on how attorneys should ensure understanding by their clients or what happens if someone requests a jury trial but it is deemed unnecessary.

Jury Trial Rights for Protected Persons

This bill amends Arizona laws to ensure that people under guardianship or protection have the right to a jury trial if they request it.

What This Bill Does

  • Amends section 14-1306 of Arizona Revised Statutes to clarify that anyone can demand a jury trial in cases where there is a question about facts and they have a constitutional right to one.
  • Modifies section 14-5111 to require attorneys representing people who might need guardianship or protection to inform their clients about the right to a jury trial, among other rights.

Who It Names or Affects

  • People who might need guardianship or protection due to incapacity
  • Attorneys representing people in these cases

Terms To Know

Protected Persons
Individuals who may be under the care of a guardian or conservator because they are unable to manage their own affairs.
Jury Trial Right
The legal right to have a jury decide important issues in court cases involving disputed facts.

Limits and Unknowns

  • It does not specify what happens if someone requests a jury trial but the judge decides it is unnecessary.
  • Does not provide details on how attorneys should explain these rights or ensure understanding by their clients.

Bill History

  1. 2026-02-03 House

    House second read

  2. 2026-02-02 House

    House Rules: None

  3. 2026-02-02 House

    House Judiciary: None

  4. 2026-02-02 House

    House first read

Official Summary Text

HB2972 - protected persons; jury trial right

Current Bill Text

Read the full stored bill text 
HB2972 - 572R - I Ver

REFERENCE TITLE:
protected persons; jury trial right

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2972

Introduced by

Representative
Keshel

AN
ACT

amending sections 14-1306 and 14-5111,
arizona revised statutes; relating to jury trials.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 14-1306, Arizona Revised
Statutes, is amended to read:

START_STATUTE
14-1306.

Jury trial

A.
If duly demanded,
A party is
entitled to trial by jury
in any proceeding in which any
controverted question of fact arises as to which any party has a constitutional
right to trial by jury
.

B. If
there is no

the
right to trial by jury under subsection A of this section
or the right
is waived, the court in its discretion may call a
jury to decide any issue of fact, in which case the verdict is advisory only.
END_STATUTE

Sec. 2. Section 14-5111, Arizona Revised
Statutes, is amended to read:

START_STATUTE
14-5111.

Duties of appointed attorney; contempt

A.
No

not
later
than seven calendar days before the initial hearing on a petition for the
appointment of a permanent guardian or permanent conservator, the attorney for
the alleged incapacitated person or the person allegedly in need of protection
shall fulfill the following minimal duties:

1. Interview the alleged incapacitated person or
person allegedly in need of protection.

2. Inform the alleged incapacitated person or person
allegedly in need of protection of all
of
the following
rights
:

(a) The right to a trial by jury
,
which

shall be given
pursuant to section 14-1306.

(b) The right to select an attorney of the person's
choosing. If the attorney is appointed by the court, the attorney
shall explain to the alleged incapacitated person or person allegedly in need
of protection that the person may hire a different attorney at the person's own
expense.

(c) The right of the alleged incapacitated person or
person allegedly in need of protection to appear in court and have any person
the alleged incapacitated person or person allegedly in need of protection
wishes to be present with the alleged incapacitated person or person allegedly
in need of protection.

3. Provide the
alleged
incapacitated
person or person allegedly in need of protection with
both of
the following:

(d)

(
a
)
A review of the court process, timelines and
expected future proceedings.

(
b
)
A
copy of
the

A
supreme court
promulgated

form titled
order to
a
guardian, order to conservator or order to guardian and
conservator
,

or a successor form,
that
the court will enter if the relief requested in the petition is granted.

B. At
the initial hearing on the petition for appointment, the attorney for the
alleged incapacitated person or the person allegedly in need of protection
shall attest to the court that the attorney has fulfilled the requirements
prescribed in this section or shall provide an explanation as to why the
attorney has been unable to comply with the requirements prescribed in this
section.

C.

B.
The
court may find an attorney who fails to fulfill the duties prescribed in this
section in contempt of court.
END_STATUTE