judicial immunity; exception

Plain English Breakdown

The official source does not provide details on how the bill will define specific actions that would count as 'knowing' or 'should have known'.

Judicial Immunity Exception

This bill changes the law to remove absolute immunity for judges if they know or should have known their actions violated someone's civil rights in a case.

What This Bill Does

• Changes the definition of absolute immunity for judicial functions so it does not apply when a judge knows or should know that their actions violate someone's civil rights in a specific case.

Who It Names or Affects

• Judges and other judicial officers who make decisions in court cases.
• People involved in court cases where judges might have violated their civil rights.

Terms To Know

Absolute immunity

A protection that stops people from being sued for certain actions, like when a judge makes a decision in court.

Civil rights

Basic freedoms and protections guaranteed by law to all individuals, such as freedom of speech or the right to equal treatment under the law.

Limits and Unknowns

• The bill does not specify how judges will be held responsible for violating civil rights.
• It is unclear what specific actions would count as a judge 'knowing' or 'should have known' about violating someone's civil rights.

Official Summary Text

SB1650 - 572R - Senate Fact Sheet

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ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1650

judicial immunity;
exception

Purpose

Establishes an
exception to the absolute immunity provided for the exercise of judicial
functions.

Background

A public entity
is granted absolute immunity from liability for acts and omissions of its
employees that constitute the exercise of a judicial or legislative function,
or the exercise of an administrative function involving the determination of
fundamental government policy. Fundamental governmental policy involves the
exercise of discretion and includes: 1) a determination of whether to seek or
provide resources for the purchasing of equipment, the construction or
maintenance of facilities, the hiring of personnel and the provision of
governmental services; 2) a determination of whether and how to spend existing
resources, including those allocated for equipment, facilities and personnel;
3) the licensing and regulation of any profession or occupation; and 4) the
establishment, implementation and enforcement of minimum safety standards for
light rail transit systems (
A.R.S.
� 12-820.01
).

There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

1.

Stipulates that the absolute immunity from liability afforded to the
exercise of a judicial function does not apply if the judicial function was
completed by a judicial officer who knew or should have known that the judicial
officer's actions concerning a case in controversy violated the civil rights of
an adult or minor litigant, or an adult or minor affected by the case.

2.

Makes technical changes.

3.

Becomes effective on the general effective date

Prepared by Senate Research

February 16, 2026

ZD/ci

Current Bill Text

SB1650 - 572R - I Ver

REFERENCE TITLE:
judicial immunity
; exception

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1650

Introduced by

Senator
Finchem

AN
ACT

AMENDING SECTION 12-820.01, ARIZONA
REVISED STATUTES; RELATING TO ACTIONS AGAINST PUBLIC EMPLOYEES.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Section 12-820.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-820.01.

Absolute immunity

A. A public entity
shall
is
not
be
liable for acts and omissions
of its employees constituting either of the following:

1. The exercise of a judicial or legislative
function
, unless the judicial function was completed by a
judicial officer who knew or should have known that the judicial officer's
actions concerning a case in controversy violated the civil rights of an adult
or minor litigant or an adult or minor affected by the case
.

2. The exercise of an administrative function
involving the determination of fundamental governmental policy.

B. The determination of a fundamental governmental
policy involves the exercise of discretion and
shall include, but
is not limited to
includes
:

1. A determination of whether to seek or whether to
provide the resources necessary for any of the following:

(a) The purchase of equipment.

(b) The construction or maintenance of facilities.

(c) The hiring of personnel.

(d) The provision of governmental services.

2. A determination of whether and how to spend
existing resources, including those allocated for equipment, facilities and
personnel.

3. The licensing and regulation of any profession or
occupation.

4. The establishment, implementation and enforcement
of minimum safety standards for light rail transit systems.
END_STATUTE