Ariz. R. Sup. Ct. 53

As amended through August 22, 2024

Rule 53 - Complainants

(a)Standing. An individual or entity has standing to submit a charge if they have an attorney-client relationship with the respondent, direct and specific firsthand knowledge of the conduct described in the charge, or became aware of the conduct in their role as a judicial officer. If a charge is submitted by an individual or entity that does not have standing, the state bar must determine if the allegations are of serious misconduct, incapacity, overdraft of a trust account, or a criminal conviction. If such a determination is made, the state bar will be the named complainant and pursue the matter accordingly. Only an individual or entity with standing will be entitled to the rights provided to complainants in these rules.

(b)Information. The following information will be provided to a complainant, by bar counsel, concerning charges made against a lawyer:

1.Respondent's Response. A copy of respondent's initial response to the charge, if any, except those portions subject to a protective order, will be provided to the complainant.

2.Dismissal by Bar Counsel. Bar counsel shall notify the complainant of the dismissal of a charge.

A. Prior to a Screening Investigation. If bar counsel dismisses a matter prior to a full screening investigation, bar counsel may notify the complainant of the dismissal by telephone. The complainant may request that the decision to dismiss be reviewed by chief bar counsel or chief bar counsel's deputy.

B. Following a Screening Investigation. If bar counsel dismisses a matter following a screening investigation, bar counsel shall mail a notice of dismissal to the complainant. The complainant may object to the dismissal as provided by Rule 55(b)(2)(A)(ii).

3.Duty to Advise Complainant of Proceedings. Bar counsel shall advise the complainant of a recommendation of any discipline, diversion, or pending agreement for discipline by consent. It shall also provide written notice of the hearing on the merits before a hearing panel, and of any public proceeding before the presiding disciplinary judge or the court. Bar counsel shall provide information to enable the complainant to ascertain the date, time and location of such proceedings, which may include the website address of bar counsel or the disciplinary clerk. In the case of an agreement for discipline by consent, the complainant shall also be notified of the opportunity to file a timely written objection and to be heard at any hearing concerning the agreement. A complainant's written objection to an agreement for discipline by consent must be submitted to bar counsel within five (5) business days of such notice. Bar counsel shall submit the complainant's objection to the presiding disciplinary judge and serve a copy on respondent or respondent's counsel.

4.Final Disposition. Complainants shall receive notice of the final disposition of each matter.

(c)Failure to Provide Information. The ultimate disposition of any disciplinary proceedings shall not be affected by the failure of bar counsel to provide the complainant with information as required by subsection (b) of this rule.

Ariz. R. Sup. Ct. 53

Added June 9, 2003, effective 12/1/2003. Renumbered from Rule 52 and amended June 30, 2010, effective 1/1/2011. Amended Aug. 30, 2012, effective 1/1/2013; amended Aug. 28, 2018, effective 1/1/2019; amended Aug. 28, 2024, effective 8/28/2024.

HISTORICAL NOTES

Source:

Revisers' addition.

Laws 1933, Ch. 66, §§ 37, 40.

Code 1939, §§ 32-268, 32-337.

Rule 23, ARCAP.

A.R.S. former § 32-269.

ABA Model Rules 11, 12, 14(F), 17, 17(E).

Former Rules 33 to 37, 38(b).

Former Rules 53, 54.

Former Rule 52, amended July 20, 1989, effective Sept. 1, 1989; Dec. 12, 1991, effective Jan. 1, 1992; Jan. 30, 1995, effective June 1, 1995; Oct. 30, 1996, effective Dec. 1, 1996, amended April 27, 1998, effective July 1, 1998, amended and effective April 14, 1999, amended May 31, 2000, effective Dec. 1, 2000, amended and effective May 7, 2001, was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.