AZ SB1565, a bill that would repeal the Supreme Court requirement that attorneys pay State Bar dues, is still awaiting House floor action.
AZ SB1566, on the other hand, cleared the House on a Republican party-line vote this week and now returns to the Senate for a final vote. It would require the State Bar to pay attorneys’ fees, investigation costs, and court costs in an attorney disciplinary proceeding in which the Bar does not prevail in the final disposition. If it is approved, it will be delivered to the Governor’s desk for signature, veto, or rejection.
With the passage of SB1566, the Bar will be encouraged to reject professional misconduct that is not obvious, public, and irrefutable.
Furthermore, implementing SB1565 will reduce the number of attorney misconduct investigations performed by the Bar since the Bar can neither afford to prosecute nor lose cases involving violations committed by practitioners without compulsory membership revenue.
As a result, passing SB66 alone, or particularly both, encourages attorney misbehavior with little fear of punishment.
Is this a flaw or a feature?