Arizona courts could order a party who intentionally, knowingly, or with gross negligence violates a crime victim's rights to pay the reasonable attorney fees and costs of the victim's lawyer, including free legal aid lawyers.
A court may order a party who intentionally, knowingly, or with gross negligence violates a victim's right to pay reasonable attorney fees and costs to the victim's lawyer, including a pro bono or legal aid lawyer.
The same rules appear in two statute sections: victims have standing to enforce their rights, may use their own lawyer at their own expense, can recover damages from a government body that knowingly or grossly negligently violates their rights, and may be heard on restitution amounts.
The court may order the paying party to cover attorney fees and costs for enforcing a victim's right or fixing a violation. It covers parties who violate rights listed in the victims' bill of rights, Arizona law, or the related chapter or article, and the victim's counsel, including pro bono and legal aid attorneys. The violation must be intentional, knowing, or grossly negligent. Fees must be reasonable. The court "may" order payment; it is not required to.
Sections 8-416 and 13-4437 are both amended, with matching wording on victims' standing, lawyers, damages, and restitution hearings. It covers crime victims and, for damages, governmental entities responsible for violating victims' rights. The damages right does not change any existing immunity under common law or statute. A victim may not be charged a filing fee to bring a special action or seek an order to enforce rights. Victims may present evidence and argue at any hearing to set restitution. The act applies to all cases that are pending or filed on or after the effective date of the amended sections.
No hearings or votes scheduled.