The Arizona Legislature has voted to require the state bar to pay attorney fees and other costs of the bar seeks to discipline a lawyer and ends up losing.
Senate Republicans gave final approval to the measure in a party-line vote on Monday, sending it to Gov. Doug Ducey for a signature or veto.
Critics warned the measure has the potential to discourage investigations of attorneys accused of ethical violations or other misbehavior.
Republican Sen. Vince Leach introduced the bill after Democratic Secretary of State Katie Hobbs filed a bar complaint against Republican Attorney General Mark Brnovich. Hobbs said Brnovich and lawyers in his office broke attorney ethics rules while representing her in cases related to the 2020 election. Brnovich agreed to a settlement with the State Bar of Arizona.
Under Leach’s bill, the bar would be required to pay for attorney fees and court costs if it pursues discipline but doesn’t win the case. It originally would have required the bar to also pay for investigation costs, the loss of future earnings, and damage to a lawyer’s reputation but those provisions were stripped from the bill by the House.
Republished with the permission of the Associated Press.
