Helpful Link: Arizona Attorney Discipline Decisions

Effective January 1, 2011, the Supreme Court of the State of Arizona adopted changes to the attorney discipline system, including the establishment of the Office of the Presiding Disciplinary Judge, pursuant to Rule 51, Arizona Rules of the Supreme Court.  The Supreme Court also revised Rule 56(b), Arizona Rules of the Supreme Court Attorney Diversion Guidelines.  The Presiding Disciplinary Judge presides over attorney discipline proceedings and issues orders together with a two-member hearing panel.   The opinions of the Presiding Disciplinary Judge and hearing panel are final orders in that case and may be appealed to the Supreme Court in accordance with Rule 59, Arizona Rules of the Supreme Court.  Although the decisions of the Hearing Panel are final orders in the case in which they are issued, they do not serve as stare decisis precedent for future cases nor constitute the law of the jurisdiction.

Upon the completion of the formal hearing, the Hearing Panel (“Panel”) which includes a public member and an attorney member and the Honorable William J. O’Neil, Presiding Disciplinary Judge have thirty days within which to file the formal Report & Order to the parties.  The parties will then have ten business days and five calendar days within which to appeal the decision.  As to reinstatement matters, the Panel will prepare a Report and Recommendation to the Supreme Court of Arizona ("Court"), once the appeal time has run, the file is then transferred to the Court for the final ruling on the reinstatement of the attorney member.

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