Discretionary appointment of counsel for plaintiff or defendant

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Legislation, Housing - Discrimination

Ariz. Rev. Stat. Ann. § 41-1491.32 provides, “On application by a person alleging a discriminatory housing practice or by a person against whom a discriminatory housing practice is alleged, the superior court may appoint an attorney for the person.” (emphasis added).

In Simes v. Sparkman, the appellate court observed, “There is no Arizona case law interpreting A.R.S § 41-1491.32 and very little interpreting 42 U.S.C. § 3613(b).  Faced with an application for counsel under 42 U.S.C. § 3613, courts in other jurisdictions have looked for guidance from employment discrimination cases.”  No. 1 CA-CV 18-0413, 2019 WL 1410635 (Az. App. Ct. Mar. 28, 2019). 

Notably, a similar provision exists for employment discrimination, where appointment is permitted “in such circumstances as the court may deem just.” Ariz. Rev. Stat. Ann. § 41-1481(D).



Note:  Per Az. Sup. Ct. R. Rule 111(c), unpublished decisions are not precedential and may only be cited for the purposes set forth in the rule. 

Appointment of Counsel: discretionary Qualified: no