The Arizona Supreme Court has approved rules making significant changes to the attorney discipline system in Arizona. The changes will maintain a fair and impartial system, while streamlining the attorney discipline process and decreasing the time and cost to process cases.
On July 1, 2009, via Administrative Order No. 2009-73, the Court established the Attorney Discipline Task Force and directed the Task Force to draft and file, a rule petition to improve the current attorney discipline system, consistent with the Court’s strategic direction.
The Task Force was specifically directed to include in its review, attorney discipline system best practices currently being used in Colorado and in other states and to examine methods that would maintain due process and yet reduce the time and cost to process a case, especially those that proceed to formal complaints. Based on the findings of the Disciplinary Task Force, rules changes have been recommended and adopted by the Arizona Supreme Court. The new rules will go into effect on January 1, 2011.
The new system reflects the following changes:
- Utilization of a paid full-time hearing officer, the Presiding Disciplinary Judge, to preside over all formal cases;
- Establishment of an independent probable cause committee, appointed by the Supreme Court, with representation by attorneys and members of the public;
- A streamlined process for formal cases that encourages resolution of cases before the Presiding Disciplinary Judge and provides the judge with the authority to impose all sanctions, including disbarment;
- Elimination of the Disciplinary Commission review and recommendation process; replacing it with a direct appeal to the Supreme Court;
- Appointment of counsel by the Presiding Disciplinary Judge for investigation of conflict cases and;
- Establish an Advisory Committee on Attorney Regulation to monitor the implementation of the new process and to periodically review the entire attorney admission and discipline system.
“Lawyers serve as representatives of clients, officers of the legal system, and public citizens. For the past several years, the Arizona Supreme Court, the State Bar of Arizona, and Arizona lawyers have worked together to improve the processing of attorney discipline cases in an effort to create and ensure a fair and efficient system of lawyer discipline,” Chief Justice Rebecca Berch commented. “The changes to the system will help promote the goal of protecting the public and will streamline the process for all involved.”
Information about attorney discipline in Arizona or the work of the Attorney Discipline Task Force
Information on how to apply for the position of the Presiding Disciplinary Judge
Administrative Order 2010-83 - Implementations to modification of the attorney discipline system