2012: 50th Legislature – 2nd Regular Session
Annual Report of the State Bar of Arizona Public Policy Positions
The State Bar Board of Governors generally takes a formal position on a small number of
bills each legislative session. The constitutional restrictions in Keller v. State Bar of California
and subsequent cases require that positions taken by the State Bar of Arizona must be
narrowly limited to areas which have a substantial impact upon the judiciary, the practice of
law, or the administration of justice.
Bill: HB 2532
Title: Court-Ordered Treatment
Primary Sponsor: Rep. Ash
A.R.S. Title Affected: 36
Summary: Expands and clarifies statutes relating to continued court-ordered treatment by
establishing requirements for evaluating a prisoner's need for continued court-ordered
mental health treatment.
A medical director must file an application for continued court-ordered treatment with the
court alleging the basis for the application, if there is a belief that continued court-ordered
treatment is needed
Modification is also made to the process for the court in making a determination on
continued treatment, including requiring an examiner to consider the patient's history and
compliance with recommended treatment.
The attorney for the patient must be present at all hearings and must be allowed to subpoena
and cross-examine witnesses and present evidence. The patient also has the right to attend
Name of Section: Elder Law and Mental Health Section
State Bar of Arizona Position: Support
Date Position Adopted: Board of Governors Regular Meeting, October 21, 2011
Status: Signed by Governor, Chapter 334, Laws 2012, May 11, 2012.