attorney discipline investigations; costs

Plain English Breakdown

The official status shows the governor vetoed the bill; it has not become law unless lawmakers override the veto, which remains uncertain based on provided data.

SB1039: Costs for Attorneys in Discipline Investigations

This bill would require the State Bar of Arizona to pay attorney fees, lost earnings, and court costs if an attorney wins a discipline charge that was not dismissed early.

What This Bill Does

• Requires the state bar of Arizona to pay attorney fees if the accused lawyer prevails in a discipline matter.
• Mandates payment for loss of earnings during all stages of the investigation, process, and any court appeals.
• Orders the state bar to cover court costs for every stage of the case, including litigation and appeals.
• Allows an attorney to file a claim against the state bar if their reputation is damaged by the charge.

Who It Names or Affects

• Attorneys who are charged with discipline but win their cases.
• The State Bar of Arizona, which must pay these costs and claims.

Terms To Know

Attorney discipline matter

Any charge against a lawyer that is not dismissed by the state bar before a judge or the supreme court makes a final decision.

Prevails

The attorney wins the case and the charges are resolved in their favor.

Limits and Unknowns

• This bill was vetoed by the governor on June 19, 2026.
• It is not known if lawmakers will override the veto to make this law effective.
• The text does not specify how much money must be paid for lost earnings or reputation damage.

Official Summary Text

SB1039 - attorney discipline investigations; costs

Current 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