Official Summary Text
SB1039 - 572R - Senate Fact Sheet
Assigned to
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COMMITTEE
ARIZONA STATE SENATE
Fifty-Seventh
Legislature, Second Regular Session
FACT SHEET FOR
S.B. 1039
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
January 12, 2026
ZD/MY/ci
Current Bill Text
Read the full stored bill text
SB1039 - 572R - S Ver
Senate Engrossed
attorney discipline
investigations; costs
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1039
AN
ACT
amending section 12-353, Arizona
Revised Statutes; relating to recovery of costs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-353, Arizona Revised
Statutes, is amended to read:
START_STATUTE
12-353.
Recovery of costs; attorney discipline investigations; definition
A. In an attorney discipline matter, if an attorney
who is the subject of the charge prevails,
the following apply:
1.
In addition to any costs
that are awarded by statute, the state bar of Arizona is responsible to the
attorney for any attorney fees
, loss of earnings
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.
Loss of earnings are calculated during the
time period that covers all stages of the investigation and discipline process
and, if applicable, any court litigation and appeal.
2. The attorney may file a claim
against the state bar of Arizona if the attorney suffers damage to the
attorney's reputation.
B. For the purposes of this section, "attorney
discipline matter" means any charge that is not dismissed by the state bar
of Arizona before final disposition of the complaint by the presiding
disciplinary judge or the supreme court.
END_STATUTE