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Rule 53. Complainants

Arizona Revised Statutes AnnotatedRules of the Supreme Court of Arizona

Arizona Revised Statutes Annotated
Rules of the Supreme Court of Arizona (Refs & Annos)
V. Regulation of the Practice of Law
F. Participants
A.R.S. Sup.Ct.Rules, Rule 53
Rule 53. Complainants
Currentness
(a) Status of Complainant. The complainant is not a party to discipline, disability or reinstatement proceedings. By becoming a complainant, a person submits himself or herself to the jurisdiction of this court and the state bar for all purposes relating to these rules. In order to receive information as provided by this rule, the complainant must keep the state bar informed of any change of address, telephone number, or e-mail address during the pendency of the investigatory or adjudicatory phase of the proceedings. Notice may be accomplished by mailing or otherwise transmitting the notice to the complainant's last known address.
(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.

Credits

Added June 9, 2003, effective Dec. 1, 2003. Renumbered from Rule 52 and amended June 30, 2010, effective Jan. 1, 2011. Amended Aug. 30, 2012, effective Jan. 1, 2013; Aug. 28, 2018, effective Jan. 1, 2019.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 53, AZ ST S CT Rule 53
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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