SB1435

THE CONTEXT: A.R.S. 12-353 mandates that in attorney discipline proceedings, if the attorney who is the subject of the charges prevails, the State Bar of Arizona must reimburse the attorney for attorney fees and all court costs incurred. These court costs include those associated with the entire investigative and disciplinary process, as well as any litigation and appeals.

WHAT THE BILL DID: The final vetoed version would add that, in addition to attorney fees and all court costs, the attorney is entitled to be reimbursed for loss of earnings, specifies that loss of earnings is to be calculated over the full time period covering all stages of the investigation and any related court proceedings, and authorize the attorney to file a claim against the State Bar if he suffers damages to his reputation.

WHY IT MATTERED: The practical reason for this bill was to make the government process for attorney discipline investigations more definite and accountable. It would add that, in addition to attorney fees and all court costs, the attorney is entitled to be reimbursed for loss of earnings, and would also specifies that loss of earnings is to be calculated over the full time period covering all stages of the investigation and any related court proceedings, rather than leave the current rule unchanged.