Oppose SB1081: Restrictions on DCS Attorneys Harm Child Welfare Cases

I urge you to oppose SB1081 when it comes before the Senate Judiciary and Elections Committee on Wednesday. This bill would prohibit an individual attorney representing the Department of Child Safety from appearing before a judge in dependency, adoption, termination of parental rights, or guardianship cases if that attorney had appeared before the same judge in DCS's previous five cases. This arbitrary restriction would severely undermine Arizona's child welfare system at a time when vulnerable children need consistent, experienced legal representation. DCS attorneys develop specialized expertise in complex child welfare law, and this bill would force the department to constantly rotate attorneys away from judges they know, disrupting the continuity that serves children's best interests. In counties with limited judicial resources, this could mean experienced DCS attorneys are effectively barred from appearing in most cases. The practical impact would be devastating. DCS already faces challenges recruiting and retaining qualified attorneys for difficult child welfare cases. This bill would force the department to either hire significantly more attorneys to maintain coverage across all courtrooms or assign less experienced attorneys to critical cases involving child safety, abuse, and family reunification. Neither outcome serves Arizona's children. Senator Finchem's bill offers no evidence that the current system produces biased outcomes or that familiarity between DCS attorneys and judges compromises judicial independence. Judges are bound by professional ethics and the law regardless of which attorneys appear before them. What this bill would accomplish is making it harder for DCS to protect children by artificially limiting the department's ability to deploy its most experienced legal staff where they are needed most. I ask that you vote no on SB1081 in committee. Arizona's child welfare system should prioritize the best interests of vulnerable children, not create bureaucratic barriers that prevent experienced attorneys from advocating effectively for their safety and wellbeing.