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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 Two STEPS FORWARD, ONE STEP BACK: Arizona's Notice of Claim Requirements and Statute of Limitations Since the Abrogation of State Sovereign Immunity Andrew Becket I. INTRODUCTION 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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