judicial immunity; exception

Plain English Breakdown

The source states the bill becomes effective on the general effective date but does not specify what that calendar date is.

SB1650: Exception to Judicial Immunity

This bill removes absolute legal protection from public entities if a judge knew or should have known their actions in a case violated the civil rights of someone involved.

What This Bill Does

• Creates an exception to the rule that public entities cannot be sued for judicial acts when specific conditions are met.
• Removes immunity if a judicial officer knew or should have known their actions concerning a case violated the civil rights of a litigant or someone affected by the case.
• Keeps absolute protection for legislative functions and administrative policy decisions.

Who It Names or Affects

• Judicial officers who handle cases in controversy
• Public entities that employ judicial officers
• Adults or minors involved as litigants in a case
• Adults or minors affected by the outcome of a case

Terms To Know

Judicial immunity

A legal rule that protects public entities from being sued for acts and omissions involving judicial functions.

Public entity

Government organizations whose employees are granted absolute immunity under this law unless an exception applies.

Civil rights

Legal protections that, if violated by a judge who knew or should have known about the violation, remove immunity from liability.

Limits and Unknowns

• The bill does not define exactly what actions count as violating civil rights.
• It is unclear how courts will decide if a judge 'should have known' about a violation before acting.
• The specific effective date has not been set; the law becomes effective on the general effective date.

Official Summary Text

SB1650 - 572R - Senate Fact Sheet

Assigned to
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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