Ariz. R. Sup. Ct. 51

As amended through December 3, 2024
Rule 51 - Presiding Disciplinary Judge
(a)Presiding Disciplinary Judge. The supreme court shall appoint a presiding disciplinary judge and other judges as necessary to serve at the pleasure of the supreme court. The court shall periodically review and evaluate the performance of the presiding disciplinary judge and other judges. Any judge appointed pursuant to this paragraph shall be subject to the same qualification and evaluation criteria as the presiding disciplinary judge.
(b)Qualifications. The presiding disciplinary judge shall be an active or judicial member of the state bar and shall have been admitted to the practice of law for at least five years preceding his or her appointment. The presiding disciplinary judge, while serving in that capacity, may not hold any other public office.
(c)Powers and Duties of the Presiding Disciplinary Judge. The presiding disciplinary judge shall be authorized to act in accordance with these rules and to:
1. appoint a staff in accordance with an approved budget as necessary to assist the presiding disciplinary judge in the administration of the judge's office and in the performance of the judge's duties;
2. order the parties in disciplinary proceedings to attend a settlement conference;
3. impose discipline on an attorney, alternative business structure, or legal paraprofessional; transfer an attorney or legal paraprofessional to disability inactive status, and serve as a member of a hearing panel in discipline and disability proceedings, as provided in these rules;
4. shorten or expand time limits set forth in these rules, as the presiding disciplinary judge, in the exercise of discretion, determines necessary;
5. enlist the assistance of members of the bar to conduct investigations in conflict cases;
6. periodically report to the court on the operation of the office of the presiding disciplinary judge;
7. recommend to the court proposed changes or additions to the rules of procedure for attorney and legal paraprofessional discipline and disability proceedings, and to rules and ACJA §§ 7-209 and 7-210 governing discipline of alternative business structures and legal paraprofessionals; and
8. adopt such practices as may from time to time become necessary to govern the internal operation of the office of the presiding disciplinary judge, as approved by the supreme court.
(d)Change of Presiding Disciplinary Judge for Cause. The presiding disciplinary judge shall not be subject to removal by the parties to a proceeding except upon the grounds set forth in A.R.S. § 12-409(B). Any request to remove the presiding disciplinary judge for cause shall be filed as soon as the grounds for removal are discovered. The disciplinary clerk shall designate a volunteer attorney member from the hearing panel pool to hear the matter and to decide by a preponderance of the evidence whether cause exists. Following the hearing, depending on the findings of the assigned hearing panel member, the matter shall be reassigned to the presiding disciplinary judge or referred to the disciplinary clerk for designation of an acting presiding disciplinary judge.

Ariz. R. Sup. Ct. 51

Added June 30, 2010, effective 1/1/2011; amended Aug. 27, 2020, effective 1/1/2021.