Arizona SB 1701: Pascua Yaqui special plates; extension

Bill Text

SB1701 - 572R - I Ver 

 REFERENCE TITLE: attorney general; counsel; fees

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SB 1701

 Introduced by 

 Senators 
 Sundareshan: Alston, Bravo, Diaz, Fernandez, Gonzales, Hatathlie, Kuby, 
 Miranda, Ortiz, Sears

AN 
ACT

Amending sections 41-191 and 41-191.01, 
Arizona Revised Statutes; repealing laws 2022, chapter 311, section 9; relating 
to the attorney general.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section. 1. Section 41-191, Arizona Revised 
Statutes, is amended to read:

START_STATUTE41-191. Attorney general; qualifications; salary; assistants; fees; 
exceptions; outside counsel

A. The attorney general shall have been for not less 
than five years immediately preceding the date of taking office a practicing 
attorney before the supreme court of the 
this state. He the 
attorney general is entitled to receive an annual salary pursuant to 
section 41-1904.

B. The attorney general and his 
assistants assistant attorneys general shall 
devote full time to the duties of the office and shall not directly or 
indirectly engage in the private practice of law or in an occupation 
conflicting with such duties, except:

1. Such prohibition shall not apply to special 
assistants, except that in no instance shall special 
assistants shall not engage in any private litigation in 
which the this state or an officer thereof of this state in his the officer's official capacity is a party.

2. Assistant attorney attorneys general may, but in no circumstances shall be 
required to, represent private clients in pro bono, private civil matters under 
the following circumstances:

(a) The representation will be conducted exclusively 
during off hours or while on leave and the attorney will not receive any 
compensation for such services.

(b) The client is not seeking an award of attorney 
fees for the services.

(c) The services are for an individual in need of 
personal legal services who does not have the financial resources to pay for 
the professional services or for a nonprofit, tax exempt charitable 
organization formed for the purpose of providing social services to individuals 
and families.

(d) The representation will not interfere with the 
performance of any official duties.

(e) The subject matter of pro bono representation is 
outside of the area of practice to which the attorney is assigned in the 
attorney general's office and the activity will not appear to create a conflict 
of interest.

(f) The activity will not reflect adversely on this 
state or any of its agencies.

(g) The assistant attorney general's position will 
not influence or appear to influence the outcome of any matter.

(h) The activity will not involve assertions that 
are contrary to the interest or position of this state or any of its agencies.

(i) The activity does not involve a criminal matter 
or proceeding or any matter in which this state is a party or has a direct or 
substantial interest.

(j) The activity will not utilize use resources that will result in a cost to this state or any 
of its agencies.

(k) The attorney's supervisor may require the 
attorney to submit a prior written request to engage in pro bono work which that includes a provision holding 
the agency harmless from any of the work undertaken by the 
attorney. 

Notwithstanding any provision of law or rule to 
the contrary, representation by an attorney of a pro bono client shall not 
disqualify the office from subsequently participating in any action affecting 
the client.

C. The attorney general may also, within the limits 
of appropriations made therefor, employ attorneys for particular cases upon on a fixed fee basis who shall be 
exempt from the restrictions imposed by this section upon on regular or special assistants.

D. The attorney general may also, in suits to 
enforce state or federal statutes pertaining to antitrust, restraint of trade, 
or price-fixing activities or conspiracies, employ counsel on a fixed contingency fee basis, not to exceed an hourly rate of fifty dollars per hour, such fee to be 
contingent upon and payable solely out of the recovery obtained in suits so 
instituted, except that where the court in which the case is pending has 
the authority to set a fee in conjunction with a given case, and does so set a 
fee, the court awarded fee shall may 
be paid in lieu of the fee provided in this section. contingency 
fee contracts authorized pursuant to this subsection shall comply with chapter 
48 of this title. Employment and payment of counsel under 
this subsection shall not be subject to the limitations imposed by title 35, 
nor shall counsel so the employed counsel be subject to the limitations on private practice or 
litigation imposed upon on regular 
or special assistants.

E. If the attorney general determines that legal 
action is reasonably necessary in order to collect a debt owed