Rule 59 - [Effective 1/1/2025] Review by the Court(a)Notice of appeal. Within ten (10) days after service of a decision of the presiding disciplinary judge, except reports regarding consent agreements, or a hearing panel, respondent or the state bar may appeal by filing with the disciplinary clerk a notice of appeal and serving a copy on the opposing party. An opposing party may file a notice of cross-appeal within ten (10) days from service of the notice of appeal and serve a copy on the opposing party.(b)Extension of Appeal Time. The presiding disciplinary judge may, upon motion filed not later than 30 days after the expiration of the time for appeal and a showing of excusable neglect, extend the time for filing the notice of appeal for a period not to exceed fourteen (14) days from the date of the order granting the motion.(c)Stay pending appeal.1.Request and Response. A respondent may seek a stay of the decision of the hearing panel by filing a request with the hearing panel within ten (10) days of the date the decision was filed. Within five (5) days of a respondent filing an application for stay pending appeal, the state bar may file a response with the hearing panel.2.Required Showing. A respondent seeking a stay pending appeal must establish the following elements: A. a strong likelihood of success on the merits; B. irreparable harm if the stay is not granted;C. the harm to the respondent outweighs the harm to the party opposing the stay; andD. public policy favors the granting of the stay.3.Conditions of Supervision. The application for stay pending appeal shall be granted subject to appropriate conditions of supervision, except when an interim suspension has been ordered or when the hearing panel, in its discretion, determines no conditions of supervision will protect the public while the appeal is pending.4.Costs and Expenses. No stay of the sanction shall be granted if the only issue on appeal is the assessment of costs and expenses.(d)Transmittal of Record. Upon the filing of a notice of cross-appeal, or upon the expiration of time for filing a notice of cross-appeal, the disciplinary clerk shall have ten (10) days to transmit the entire record to the clerk of the court. The disciplinary clerk shall notify the parties of the transmittal of the record.(e)Notice of Transcripts. A party appealing a decision must arrange for transcription of the hearing on the merits at the party's expense. Within ten (10) days of the notice of the transmittal of the record, a party requesting transcripts for purposes of appeal shall serve the clerk of the court with a notice designating the transcripts requested. Within thirty (30) days of the notice designating the requested transcripts, or as otherwise ordered by the clerk of the court, the party shall file the certified transcript with the clerk of the court and serve a copy on the opposing party.(f)Docketing the Appeal. Upon receipt of the record and the filing of any transcripts of which a party filed notice pursuant to paragraph (e), the clerk of the court shall docket the appeal and send a notice of docketing and filing of the record on appeal and a briefing schedule to the disciplinary clerk, respondent, respondent's counsel, if any, and bar counsel.(g)Time for Filing Briefs. The appellant's opening brief, and appellee's opening brief in a cross-appeal, if any, shall be filed with the clerk of the court no later than thirty (30) days after the notice of docketing. The answering briefs shall be filed with the clerk of the court no later than thirty (30) days after service of the opening brief. A reply brief may be filed with the clerk of the court no later than fifteen (15) days after service of the answering brief. A party who files a cross-appeal may combine in one brief the opening cross-appeal brief and the answering brief no more than thirty (30) days after service of the appellant's opening brief.(h)Briefs; Form, Length, and Content. Briefs shall conform to the requirements of Rule, 4(b), Ariz. R. Civ. App. P. Principal briefs shall not exceed 10,500 words, or thirty (30) pages if prepared in monospaced typeface, and reply briefs shall not exceed 7,000 words, or twenty (20) pages if prepared in monospaced typeface. Briefs shall not be bound. The content of the briefs shall conform to Rule 13, Ariz. R. Civ. App. P.(i)Oral Argument. Oral argument may, in the court's discretion, be scheduled in an appeal upon request of either party or upon the court's own motion.(j)Standard of Review. The court shall review questions of law de novo. In reviewing findings of fact, the court shall apply a clearly erroneous standard.(k)Form of Decision. The court may resolve any matter before it by opinion, memorandum decision, or order, as the court may determine in its discretion.Added June 9, 2003, effective 12/1/2003. Amended and effective 10/12/2005. Amended June 30, 2010, effective 1/1/2011; 8/30/2012, effective 1/1/2013; 8/28/2013, effective 1/1/2014; 9/2/2014, effective 1/1/2015; 12/14/2016, effective 1/1/2017; amended Aug. 22, 2024, effective 1/1/2025.HISTORICAL NOTES
Source:
Revisers' addition.
Laws 1933, Ch. 66, § 40.
Code 1939, §§ 32-340.
A.R.S. former § 32-268.
Rule 23, ARCAP.
ABA Model Rules 11, 14(F), 17(E).
Former Rules 33 to 37.
Former Rule 53.
Former Rule 59, amended Dec. 12, 1991, effective Jan. 1, 1992, amended and effective April 14, 1999; May 31, 2000, effective Dec. 1, 2000, was abrogated by order dated June 9, 2003, effective Dec. 1, 2003.