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39 Ariz. St. L.J. 247 (2007)
Two Steps Forward, One Step Back: Arizona's Notice of Claim Requirements and Statute of Limitations Since the Abrogation of State Sovereign Immunity

handle is hein.journals/arzjl39 and id is 255 raw text is: COMMENT
Arizona's Notice of Claim Requirements and
Statute of Limitations Since the Abrogation
of State Sovereign Immunity
Andrew Becket
Since Arizona abrogated state sovereign immunity in 1963, the Arizona
Legislature has instituted increasingly constrictive statutes related to tort
actions against the state. The supposed legislative intent behind these
restrictions was to prevent frivolous claims, allow the state to investigate its
potential liability, afford the state the opportunity to settle, and inform the
legislature of claims for which it may be required to budget. However,
today's statutory scheme serves none of those goals. Instead, the current
statutes deny compensation to legitimately injured parties, and create ethical
dilemmas for attorneys representing those injured parties.
Part II of this comment provides the backdrop for this discussion,
including the history of tort actions against the State of Arizona from 1920
to the present. Part III examines how the current scheme creates unfair
outcomes for legitimately injured parties and how the attorneys for those
parties are presented with ethical dilemmas. Part IV details two proposed
solutions to the problems created by the laws as they stand today. Part V
concludes that Arizona's statutory scheme can be easily adjusted to promote
the goal of justice for Arizona's citizens.
t   Executive Managing Editor, Arizona State Law Journal; J.D. Candidate, Sandra Day
O'Connor College of Law at Arizona State University, May 2007; B.S., Northern Arizona
University. I would like to thank Professor Amy Langenfeld: an exceptional writer, a trusted
advisor, and a good friend. I would also like to thank Professor Robert Bartels for his insight
into the Hernandez decision, and Dean Noel Fidel for his perspectives on the evolution of this
area of law.

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