Rule 76. Grounds for Sanctions, Sanctions, and Implementation
Arizona Revised Statutes AnnotatedRules of the Supreme Court of ArizonaEffective: January 1, 2022
Effective: January 1, 2022
A.R.S. Sup.Ct.Rules, Rule 76
Rule 76. Grounds for Sanctions, Sanctions, and Implementation
3. Failure to respond promptly to any inquiry or request from unauthorized practice of law counsel, superior court, or this court, made pursuant to these rules for information relevant to complaints or matters under investigation concerning conduct of a respondent, or failure to assert the ground for refusing to do so. Upon such inquiry or request for relevant information from counsel, the superior court, or this court, every respondent shall:
1. Consent Agreement. Respondent and unauthorized practice of law counsel may enter into a “Consent Agreement” that states respondent agrees to cease and desist from engaging in acts found to be the unauthorized practice of law, to refund fees collected, to pay costs and expenses, to make appropriate restitution, to the entry of an injunction or finding of contempt, or any other lawful sanction agreed to by the parties.
2. Cease and Desist Order. The superior court may enter an order for a respondent to immediately cease and desist from conduct that constitutes engaging in the unauthorized practice of law. After entry of a cease and desist order or judgment, and service thereof upon the respondent, respondent shall:
3. Injunction. The superior court, at any stage in an unauthorized practice of law proceeding, may enjoin a respondent from engaging in the unauthorized practice of law and order a respondent immediately to cease and desist such conduct. An injunction or order to cease and desist may be issued without proof of actual damages to any person.
4. Civil or Criminal Contempt. The superior court may issue a civil or criminal contempt citation and determine if the respondent is guilty of contempt and, by order, prescribe the sanction, including assessment of costs, expenses and reasonable attorney fees, and the imposition of any other sanction authorized by law.
6. Civil Penalty. The superior court may order a civil penalty up to $25,000 against every respondent upon whom another sanction is imposed. Civil penalties against an alternative business structure shall be deposited in the Alternative Business Structure Fund. Civil fines against a legal paraprofessional shall be deposited in the fund established by the supreme court for that program. Civil penalties against all others shall be payable to the state bar.
Credits
Added Jan. 15, 2003, effective July 1, 2003. Amended Aug. 27, 2020, effective Jan. 1, 2021; Aug. 25, 2021, effective Jan. 1, 2022.
17A Pt. 2 A. R. S. Sup. Ct. Rules, Rule 76, AZ ST S CT Rule 76
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.
End of Document |