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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : COURTS OF RECORD
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12-101 Judges; number; term; election
The supreme court shall consist of five judges. The term of office of each judge
shall be six years and shall take effect on the first Monday in January of the year in
which it begins. Judges shall be elected at the general election next preceding the
expiration of a term of office.
12-102.01 Criminal case processing and enforcement improvement fund
A. The criminal case processing and enforcement improvement fund is established
consisting of monies appropriated to the fund. The purpose of the fund is to improve the
processing of criminal cases in the superior court and the justice courts and the
enforcement of court orders, including the collection of court ordered fees, fines,
penalties, assessments, sanctions and forfeitures.
B. The supreme court shall administer the fund. The supreme court shall allocate
monies in the fund to counties for the planning and implementation of collaborative
projects that are designed to improve the processing of criminal cases and the
enforcement of court orders, including the collection of court ordered fees, fines,
penalties, assessments, sanctions and forfeitures. At a minimum, each project shall
involve the county attorney, county public defender, county legal defender, county
contract indigent defense counsel, superior court, clerk of the superior court, county
manager and justice courts in the county. Additional criminal justice entities may also
be included in the project.
C. To be eligible for funding, pursuant to this section, a county shall submit to
the supreme court a plan that demonstrates how the county attorney, county public
defender, county legal defender, county contract indigent defense counsel, superior court
including the clerk of the superior court, justice courts and other identified criminal
justice entities will work together collaboratively to both:
1. Identify current problems with criminal case processing and the enforcement of
court orders, including the collection of court ordered fees, fines, penalties,
assessments, sanctions and forfeitures.
2. Identify possible solutions and efficiencies to improve the case processing time
and the enforcement of court orders, including the collection of court ordered fees,
fines, penalties, assessments, sanctions and forfeitures.
D. By January 8 of each year, the supreme court shall report to the governor, the
legislature, each county board of supervisors, the joint legislative budget committee and
the ARIZONA criminal justice commission on the progress of the criminal case processing
projects and the enforcement of court orders, including the collection of court ordered
fees, fines, penalties, assessments, sanctions and forfeitures. The county attorney,
indigent defense counsel and county board of supervisors in each county and the attorney
general shall assist the supreme court in preparing the report by providing information
relevant to the report. This information may be combined into one report with the
information required pursuant to section 12-102.02, subsection D.
E. All monies distributed or spent from the fund shall be used to supplement, not
supplant, funding at the level provided in fiscal year 1997-1998 by the counties and the
state to improve the processing of criminal cases and the enforcement of court orders,
including the collection of court ordered fees, fines, penalties, assessments, sanctions
and forfeitures.
F. Monies in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations and are subject to legislative appropriation.
G. On notice from the supreme court, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the fund.
12-102.02 State aid to the courts fund
A. The state aid to the courts fund is established consisting of monies
appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B
and J. The purpose of the fund is to provide state aid to the superior court, including
the clerk of the superior court, and justice courts for the processing of criminal cases.
B. The supreme court shall administer the fund. The supreme court shall allocate
monies in the fund to the superior court, including the clerk of the court, and the
justice courts in each county according to the following composite index formula:
1. The three year average of the total felony filings in the superior court in the
county, divided by the statewide three year average of the total felony filings in the
superior court.
2. The county population, as adopted by the department of economic security,
divided by the statewide population, as adopted by the department of economic security.
3. The sum of paragraphs 1 and 2 divided by two equals the composite index.
4. The composite index for each county shall be used as the multiplier against the
total funds appropriated from the state general fund and other monies distributed to the
fund pursuant to section 41-2421.
C. The presiding judge of the superior court in each county, in coordination with
the chairman of the county board of supervisors or the chairman's designee, the clerk of
the superior court, the presiding justice of the peace and an elected justice of the
peace of the county shall submit a plan to the supreme court that details how the funds
allocated to the county pursuant to this section will be used and how the plan will
assist the county in improving criminal case processing. The presiding judge of the
superior court, the chairman of the board of supervisors or the chairman's designee, the
clerk of the superior court, the presiding justice of the peace and an elected justice of
the peace shall sign the plan and shall indicate their endorsement of the plan as
submitted or shall outline their disagreement with any provisions of the plan. The
supreme court may approve the plan or require changes to the plan in order to achieve the
goal of improved criminal case processing.
D. By January 8, 2001 and every year thereafter by January 8, the supreme court
shall report to the governor, the legislature, the joint legislative budget committee,
each county board of supervisors and the ARIZONA criminal justice commission on the
expenditure of the fund monies for the prior fiscal year and on the progress made in
achieving the goal of improved criminal case processing. This information may be
combined into one report with the information required pursuant to section 12-102.01,
subsection D.
E. All monies spent or distributed from the fund shall be used to supplement, not
supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the
processing of criminal cases in the superior court, including the office of the clerk of
the superior court, and justice courts.
F. Monies in the state aid to the courts fund are exempt from the provisions of
section 35-190 relating to lapsing of appropriations and monies allocated pursuant to
section 41-2421, subsections B and J are subject to legislative appropriation. Any state
general fund monies appropriated to the fund may be spent without further legislative
appropriation.
G. On notice from the supreme court, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the fund. 12-102.03 Local courts assistance fund
A. The local courts assistance fund is established consisting of monies allocated
to the fund pursuant to section 41-2421, subsections E and G. The purpose of the fund is
to provide state aid to the superior court, including the clerk of the court and the
justice courts in each county for the processing of criminal cases.
B. The plan required pursuant to section 12-102.02, subsection C, shall include the
planned expenditure of monies received pursuant to this section. This plan must be
approved by the supreme court prior to the expenditure of such monies.
C. The county treasurer shall invest monies in the fund. Interest earned on fund
monies shall be deposited in the fund.
D. All monies distributed or spent from the fund shall be used to supplement, not
supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the
processing of criminal cases.
12-102 Jurisdiction and duties; court appointments; background investigation
A. The supreme court shall discharge the duties imposed and exercise the
jurisdiction conferred by the constitution and by law.
B. As a condition of appointment to any paid position in the judicial department
that is defined as a noncriminal justice agency under federal law, including nomination
for judicial office by the commissions on appellate and trial court appointments pursuant
to article VI, sections 37 and 41, Constitution of ARIZONA, the court shall require each
applicant to furnish a full set of fingerprints to enable the court to conduct a criminal
background investigation to determine the suitability of the applicant. The court shall
submit the completed applicant fingerprint card to the department of public safety. The
applicant shall bear the cost of obtaining the applicant's criminal history
information. The cost shall not exceed the actual cost of obtaining the applicant's
criminal history information. Applicant criminal history records checks shall be
conducted pursuant to section 41-1750 and Public Law 92-544. The department of public
safety is authorized to exchange the submitted applicant fingerprint card information
with the federal bureau of investigation for a national criminal history records check.
12-103 Seal
The supreme court shall have a seal as devised and adopted by the judges of the
court. The seal shall be kept by the clerk of the court.
12-104 Affixing of seal
A. The seal of the supreme court need not be affixed to any proceedings in the
court except a summons, writ or authentication of a copy of a record or proceedings of
the court or its officers for the purpose of record or evidence in another court or
place.
B. The seal may be affixed by impressing it on the paper or on a substance attached
to the paper and capable of receiving the impression.
12-105 Days for transaction of business
The supreme court shall at all times be open for transaction of business except on
nonjudicial days.
12-106 Salary of justices
Each justice of the supreme court shall receive an annual salary pursuant to section
41-1904.
12-107 Publication of opinions
The supreme court and, pursuant to section 12-120.07, the court of appeals shall
publish their opinions as soon as practicable after they are announced. The opinions
shall be published in suitable volumes which shall contain appropriate headnotes, tables
of cases reported, and tables of statutes cited and construed. Each volume shall also
contain a digest of the law in the reported cases and the words and phrases
construed. The volumes shall, with the approval of the court, be printed and bound.
12-108 Reports of decisions; publication; distribution; publication cost
A. The supreme court may contract with the person who agrees to publish and sell
the report of decisions on terms most advantageous to the state. The contractor shall
agree to publish at the contract price the number of volumes as the supreme court may
require and to deliver the volumes as follows:
1. To the ARIZONA state library, archives and public records the number of copies
necessary for its use and for exchange with the libraries of other states and countries.
2. To the law library of the university of ARIZONA the number of copies necessary
for its use and for exchange with the law libraries of other states and countries.
3. To the law library of ARIZONA state university the number of copies necessary
for its use and for exchange with the law libraries of other states and countries.
4. To each supreme court justice, court of appeals judge, superior court judge, the
clerk of each court, the county attorney and the reporter of decisions of the supreme
court, one copy.
5. To the law library of each county, two copies.
6. To the department of law, thirty copies.
7. To the corporation commission, two copies.
8. To the industrial commission, seven copies.
9. To the department of public safety, two copies.
B. All other agencies, boards, commissions and departments of the state may request
from the contractor additional volumes, which shall be published and delivered at the
contract price to be paid for by the requesting entity.
C. Volumes that are delivered to a person on account of the office held by that
person remain the property of this state and shall have stamped or written on them the
name of the office and shall be kept for the use of the office.
D. Subject to the availability of funds, the cost of publishing reports of
decisions shall be paid from the appropriation to the supreme court. Each entity
receiving a volume shall pay the cost of delivery.
12-109 Promulgation of rules of pleading, practice and procedure; distribution
A. The supreme court, by rules promulgated from time to time, shall regulate
pleading, practice and procedure in judicial proceedings in all courts of the state for
the purpose of simplifying such pleading, practice and procedure and promoting speedy
determination of litigation upon its merits. The rules shall not abridge, enlarge or
modify substantive rights of a litigant.
B. The supreme court shall print and distribute the rules to all members of the
state bar and to all other persons who apply.
C. The rules shall not become effective until sixty days after distribution.
12-110 Advisory board; objections to rules
A. The state bar, or a representative group selected by the bar, shall act as an
advisory board and shall either voluntarily or upon request of a majority of the judges
of the supreme court, consult with, recommend to or advise the court on any matter dealt
with or proposed to be dealt with in the rules.
B. Any member of the state bar or a private citizen may object in writing to a rule
or part thereof and may request changes. The court shall consider the objections and
requests as advice and information only and may act thereon at its discretion.
12-111 Statutes as rules of court
All statutes relating to pleading, practice and procedure shall be deemed rules of
court and shall remain in effect as such until modified or suspended by rules promulgated
by the supreme court.
12-112 Education program for justices and magistrates
The supreme court shall establish a program of continuing education for justices of
the peace and magistrates. The program shall include such courses of study as the
supreme court deems necessary or desirable.
12-113 Judicial collection enhancement fund; purpose; administration; report; definition
A. A judicial collection enhancement fund is established consisting of monies
received from:
1. The time payment fee established in section 12-116.
2. The surcharge paid by a person attending a court ordered diversion program
pursuant to section 12-114.
3. Monies deposited in the fund pursuant to section 12-114.01, section 12-119.01,
subsection B, paragraph 1, section 12-120.31, subsection D, paragraph 1, section
12-284.03, subsection A, paragraph 7, section 22-281, subsection C, paragraph 1 and
section 22-404, subsection C, paragraph 1.
4. Electronic filing and access fees collected pursuant to sections 12-119.02 and
12-120.31.
B. Courts wishing to receive monies from the judicial collection enhancement fund
shall submit a plan to the supreme court. Subject to legislative appropriation, the fund
monies shall be used according to plans approved by the supreme court to train court
personnel, improve, maintain and enhance the ability to collect and manage monies
assessed or received by the courts, including restitution, child support, fines and civil
penalties, to improve court automation, to improve case processing or the administration
of justice and for probation services.
C. The supreme court shall administer the fund and may expend monies in the fund,
subject to legislative appropriation, for local, regional or statewide projects. The
supreme court may directly provide or contract for services consistent with the purposes
of the fund. Monies from the fund shall supplement monies already provided to local
courts for purposes consistent with the purposes of the fund.
D. By January 8 of each year, the supreme court shall report to the governor and
the legislature, for the prior fiscal year, the total monies collected, the amount spent
and for what purposes, including an exact explanation of funds defined as administration
of the fund, the amount remaining in the fund and the number of employees who are paid
from the fund and their job descriptions. The report shall also detail the progress made
in improving the ability of the courts to collect monies.
E. On notice from the supreme court, the state treasurer shall invest and divest
monies in the fund as provided by section 35-313, and monies earned from investment shall
be credited to the fund.
F. After the court determines the amount due, the court shall transmit to the
county treasurer each month the fees collected pursuant to section 12-116, except that
municipal courts shall transmit to the city treasurer each month the fees so collected.
G. The county or city treasurer shall transmit to the state treasurer on or before
the fifteenth day of each month the fees collected pursuant to subsection F of this
section for deposit in the judicial collection enhancement fund.
H. For the purposes of this article, "court authorized diversion program" means a
program in which an individual who is charged with a civil or criminal traffic offense or
any other criminal offense is not prosecuted for the offense on the successful completion
of an authorized diversion program. Successful completion of a defensive driving school
program resulting in dismissal of a civil or criminal traffic offense is considered a
court authorized diversion program under this section.
12-114.01 Probation surcharge; deposit
A. In addition to any other penalty assessment provided by law, a probation
surcharge of five dollars shall be levied on every fine, penalty and forfeiture imposed
and collected by the courts for criminal offenses and any civil penalty imposed and
collected for a civil traffic violation and fine, penalty or forfeiture for a violation
of the motor vehicle statutes, for a violation of any local ordinance relating to the
stopping, standing or operation of a vehicle, except parking violations, or for a
violation of the game and fish statutes in title 17.
B. The monies collected pursuant to this section shall be deposited, pursuant to
sections 35-146 and 35-147, in the judicial collection enhancement fund established by
section 12-113 to be used to supplement monies currently used for the salaries of adult
and juvenile probation and surveillance officers and for support of programs and services
of the superior court adult and juvenile probation departments.
C. The court may waive all or part of a probation surcharge in the same manner and
subject to the same limitations provided for the waiver of penalty assessments in section
12-116.01, subsection E and section 12-116.02, subsection D.
12-114 Surcharge on court ordered diversion programs for traffic offenses; deposit
A. If a court authorizes individuals charged with civil or criminal traffic
offenses to attend a court authorized diversion program, including a defensive driving
school program, it shall require the assessment of a five dollar surcharge on the fees
charged by such court authorized diversion programs.
B. A court or a court authorized diversion program shall collect the five dollar
surcharge and remit the surcharge to the supreme court which shall deposit, pursuant to
sections 35-146 and 35-147, the surcharge in the judicial collection enhancement fund. 12-115 Additional filing, appearance and answer or response fees; deposit
(Rpld. 12/31/13)
A. In addition to any other assessment authorized by law, the supreme court shall
establish an additional fee on each filing, appearance and answer or response fee charged
by a clerk of the superior court.
B. The clerk shall collect the additional fee and monthly remit the additional fees
to the county treasurer. The county treasurer shall transmit the fees to the state
treasurer on or before the fifteenth day of each month for deposit, pursuant to sections
35-146 and 35-147, in the ARIZONA lengthy trial fund established by section 21-222. The
state treasurer shall invest and divest monies in the fund as provided by section 35-313,
and monies earned from investment shall be credited to the fund.
C. The additional fee may be deferred or waived pursuant to sections 12-302 and
12-304.
D. In establishing the additional fees under subsection A of this section, the
supreme court may designate by rule that the additional fees not be imposed on filings in
cases that involve minimal use of court resources or that are not afforded the
opportunity for a trial by jury. 12-116.01 Assessments; fund deposits
A. In addition to any other penalty assessment provided by law, a penalty
assessment shall be levied in an amount of forty-seven per cent on every fine, penalty
and forfeiture imposed and collected by the courts for criminal offenses and any civil
penalty imposed and collected for a civil traffic violation and fine, penalty or
forfeiture for a violation of the motor vehicle statutes, for any local ordinance
relating to the stopping, standing or operation of a vehicle or for a violation of the
game and fish statutes in title 17.
B. In addition to any other penalty assessment provided by law, an additional
penalty assessment shall be levied in an amount of seven per cent on every fine, penalty
and forfeiture imposed and collected by the courts for criminal offenses and any civil
penalty imposed and collected for a civil traffic violation and fine, penalty or
forfeiture for a violation of the motor vehicle statutes, for any local ordinance
relating to the stopping, standing or operation of a vehicle or for a violation of the
game and fish statutes in title 17.
C. In addition to any other penalty assessment provided by law, an additional
penalty assessment shall be levied in an amount of three per cent on every fine, penalty
and forfeiture imposed and collected by the courts for criminal offenses and any civil
penalty imposed and collected for a civil traffic violation and fine, penalty or
forfeiture for a violation of the motor vehicle statutes, for any local ordinance
relating to the stopping, standing or operation of a vehicle or for a violation of the
game and fish statutes in title 17.
D. If any deposit of bail or bond or deposit for an alleged civil traffic violation
is to be made for a violation, the court shall require a sufficient amount to include the
assessment prescribed in this section for forfeited bail, bond or deposit. If bail, bond
or deposit is forfeited, the court shall transmit the amount of the assessment pursuant
to subsection G of this section. If bail, bond or deposit is returned, the assessment
made pursuant to this article shall also be returned.
E. After addition of the penalty assessment, the courts may round the total amount
due to the nearest one-quarter dollar.
F. The judge may waive all or part of the civil penalty, fine, forfeiture and
penalty assessment, except for mandatory civil penalties and fines, the payment of which
would work a hardship on the persons convicted or adjudicated or on their immediate
families. If a fine or civil penalty is mandatory, the judge may waive only all or part
of the penalty assessments prescribed by subsections A, B and C of this section and
section 12-116.02. If a fine or civil penalty is not mandatory and if a portion of the
civil penalty, fine, forfeiture and penalty assessment is waived or suspended, the amount
assessed must be divided according to the proportion that the civil penalty, fine, bail
or bond and the penalty assessment represent of the total amount due.
G. After a determination by the court of the amount due, the court shall transmit,
on the last day of each month, the assessments collected pursuant to subsections A, B, C
and D of this section and a remittance report of the fines, civil penalties and
assessments collected pursuant to subsections A, B, C and D of this section to the county
treasurer, except that municipal courts shall transmit the assessments and the remittance
report of the fines, civil penalties and assessments to the city treasurer.
H. The appropriate authorities specified in subsection G of this section shall
transmit the forty-seven per cent penalty assessment prescribed in subsection A of this
section and the remittance report as required in subsection G of this section to the
state treasurer on or before the fifteenth day of each month for deposit in the criminal
justice enhancement fund established by section 41-2401.
I. The appropriate authorities specified in subsection G of this section shall
transmit the seven per cent penalty assessment prescribed in subsection B of this section
and the remittance report as required in subsection G of this section to the state
treasurer on or before the fifteenth day of each month for allocation pursuant to section
41-2421, subsection J.
J. The appropriate authorities specified in subsection G of this section shall
transmit the three per cent penalty assessment prescribed in subsection C of this section
and the remittance report as required in subsection G of this section to the state
treasurer on or before the fifteenth day of each month for deposit in the ARIZONA
deoxyribonucleic acid identification system fund established by section 41-2419.
K. Partial payments of the amount due shall be transmitted as prescribed in
subsections G, H, I and J of this section and shall be divided according to the
proportion that the civil penalty, fine, bail or bond and the penalty assessment
represent of the total amount due.
12-116.02 Penalty assessments; fund deposits
A. In addition to any other penalty assessment provided by law, there shall be
levied a penalty assessment in an amount of thirteen per cent on every fine, penalty and
forfeiture imposed and collected by the courts for criminal offenses and civil penalties
imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a
violation of the motor vehicle statutes, for a violation of any local ordinance relating
to the stopping, standing or operation of a vehicle or for a violation of the game and
fish statutes in title 17.
B. If any deposit of bail or bond or deposit for an alleged civil traffic violation
is to be made for a violation, the court shall require a sufficient amount to include the
penalty assessment prescribed in this section for forfeited bail, bond or deposit. If
bail, bond or deposit is forfeited, the amount of such penalty assessment shall be
transmitted by the court pursuant to subsection E of this section. If bail, bond or
deposit is returned, the penalty assessment made pursuant to this article shall also be
returned.
C. After addition of the penalty assessment, the courts may round the total amount
due to the nearest one-quarter dollar.
D. The judge may waive all or part of the civil penalty, fine, forfeiture and
penalty assessment, except for civil penalties and fines that are mandatory, the payment
of which would work a hardship on the persons convicted or adjudicated or on their
immediate families. If a fine or civil penalty is mandatory, the judge may waive only
all or part of the penalty assessments prescribed by subsection A of this section and
section 12-116.01. If a fine or civil penalty is not mandatory and if a portion of the
civil penalty, fine, forfeiture and penalty assessment is waived or suspended, the amount
assessed must be divided according to the proportion that the civil penalty, fine, bail
or bond, and the penalty assessment represent of the total amount due.
E. After a determination by the court of the amount due, the court shall transmit,
on the last day of each month, the assessments collected pursuant to subsections A and B
of this section and a remittance report of the fines, civil penalties and assessments
collected pursuant to subsections A and B of this section to the county treasurer, except
that municipal courts shall transmit the assessments and the remittance report of the
fines, civil penalties and assessments to the city treasurer.
F. The thirteen per cent penalty assessment as required in subsection A of this
section shall be transmitted by the appropriate authorities prescribed in subsection E of
this section to the state treasurer on or before the fifteenth day of each month, for
deposit in the medical services enhancement fund, established pursuant to section
36-2219.01.
G. Partial payments of the amount due shall be transmitted as required in
subsections E and F of this section and shall be divided according to the proportion that
the civil penalty, fine, bail or bond, and the penalty assessment, represent of the total
amount due.
12-116.03 Collection agencies
A court may contract with public agencies or private entities to assist in
collecting fines, fees, penalties, costs, surcharges, restitution and assessments that
remain unpaid. The court may add to any underlying amount owed reasonable costs charged
by the contracting agency or entity.
12-116 Time payment fee
(L04, ch 69, sec 3. Eff. 1/1/10)
A. In addition to any other assessment authorized by law, a fee of twelve dollars
shall be assessed on each person who pays a court ordered penalty, fine or sanction on a
time payment basis, including parking penalties, restitution and juvenile monetary
assessments. A time payment basis shall be any penalty, fine or sanction not paid in
full on the date the court imposed the fine, penalty or sanction. Notwithstanding any
other law, the time payment fee shall be collected first after restitution. A judge may
not waive or suspend a time payment fee.
B. Seven dollars of the time payment fee shall be deposited, pursuant to sections
35-146 and 35-147, in the judicial collection enhancement fund established by section
12-113. Two dollars of the time payment fee shall be deposited, pursuant to sections
35-146 and 35-147, in the judicial collection enhancement fund and shall be allocated by
the supreme court to the county public defender training fund established by section
12-117. Three dollars of the time payment fee shall be kept by the court imposing the
fee to be used by the court to improve, maintain and enhance the ability to collect and
manage monies assessed or received by the courts, to improve court automation and to
improve case processing or the administration of justice. For amounts over an amount
determined by the supreme court, the court shall submit a plan to the supreme court which
must be approved by the supreme court prior to the court expending such monies. If the
proposed project was described in the information technology strategic plan submitted by
the court and approved by the supreme court, including the proposed budget for the
project, the project may proceed without further approval of the supreme court. In the
case of the superior court, the presiding judge and clerk of the superior court must
agree on the project or it shall be submitted to and approved by the supreme court. 12-116 Time payment fee
(L04, ch 69, sec 2. Rpld. 1/1/10)
A. In addition to any other assessment authorized by law, a fee of twenty dollars
shall be assessed on each person who pays a court ordered penalty, fine or sanction on a
time payment basis, including parking penalties, restitution and juvenile monetary
assessments. A time payment basis shall be any penalty, fine or sanction not paid in
full on the date the court imposed the fine, penalty or sanction. Notwithstanding any
other law, the time payment fee shall be collected first after restitution. A judge may
not waive or suspend a time payment fee.
B. Eleven dollars of the time payment fee shall be deposited, pursuant to sections
35-146 and 35-147, in the judicial collection enhancement fund established by section
12-113. Two dollars of the time payment fee shall be deposited, pursuant to sections
35-146 and 35-147, in the judicial collection enhancement fund and shall be allocated by
the supreme court to the county public defender training fund established by section
12-117. Seven dollars of the time payment fee shall be kept by the court imposing the
fee to be used by the court to improve, maintain and enhance the ability to collect and
manage monies assessed or received by the courts, to improve court automation and to
improve case processing or the administration of justice. For amounts over an amount
determined by the supreme court, the court shall submit a plan to the supreme court which
must be approved by the supreme court prior to the court expending such monies. If the
proposed project was described in the information technology strategic plan submitted by
the court and approved by the supreme court, including the proposed budget for the
project, the project may proceed without further approval of the supreme court. In the
case of the superior court, the presiding judge and clerk of the superior court must
agree on the project or it shall be submitted to and approved by the supreme court.
12-117 County public defender training fund; appropriation
A. The county public defender training fund is established consisting of monies
allocated to the fund pursuant to section 12-116. The supreme court shall administer the
fund.
B. Each month the supreme court shall deposit in the fund the monies collected for
the fund. All monies deposited in the fund are continuously appropriated to the supreme
court for distribution to each county public defender as provided in subsection C of this
section.
C. The allocation of monies collected shall be made to each county public defender
office in proportion to the number of felony cases assigned to that office in the last
fiscal year.
D. Monies received shall be used exclusively for the purpose of county public
defender training. Each county public defender office receiving training fund monies
shall submit to the supreme court an annual report of all financial receipts and
expenditures from the training fund.
12-118 Use of credit cards by courts
A court may accept a credit card, debit card or other means as approved by the
presiding judge for the payment of any monies payable to the court including but not
limited to bonds, fines, fees, sanctions, penalties, surcharges, assessments and
restitution.
12-119.01 Supreme court fees; distribution
A. Except as otherwise provided by law, fees for the supreme court shall be
established and classified as follows:
Class Description Fee
A Initial case filing fee Petitions for review and cross petitions for Review $ 140.00 Direct appeals and cross appeal appellant 140.00 Special actions petitioner 140.00
B Subsequent case filing fee Intervenors direct appeals and special action $ 70.00 Direct appeals appellee 70.00 Special actions respondent 70.00 Response to petition for review 70.00
E Minimum clerk fee Certifications alone $ 17.00 Certificate of good standing Certificates 17.00
F Per page fee Copies - each page $ .50
G Special fees New and duplicate certificates $ 35.00
B. The clerk of the supreme court shall deposit, pursuant to sections 35-146 and
35-147, all of the monies collected pursuant to subsection A of this section as follows:
1. 27.78 per cent in the judicial collection enhancement fund established by
section 12-113.
2. 26.00 per cent with the state treasurer for transmission to the elected
officials' retirement plan fund established by section 38-802. The monies shall be
transmitted by the state treasurer to the fund pursuant to section 38-810.
3. 46.22 per cent in the state general fund.
12-119.02 Electronic filing and access; fee
A. The supreme court may provide for the electronic filing of documents and
electronic access to court records, pursuant to rules adopted by the court.
B. The court may impose a fee of not more than one hundred dollars per year for an
annual on-line access subscription plus a fee of not more than two dollars per minute
for on-line access to court records.
C. All monies collected pursuant to subsection B of this section shall be
deposited, pursuant to sections 35-146 and 35-147, in the judicial
collection enhancement fund established by section 12-113.
D. All filings made electronically pursuant to this section are subject to the fees
established pursuant to section 12-119.01.
12-119.03 Performance audit; supreme court administration and programs
The auditor general shall conduct a performance audit, as defined in section
41-1278, of the administrative office of the courts at the request of the joint
legislative audit committee that is established pursuant to section 41-1279. The auditor
general shall limit the performance audit to the administration and operation of the
supreme court and to those programs and funds that are administered by the supreme court.
The auditor general shall submit copies of the performance audit to the president of the
senate, the speaker of the house of representatives and the chairpersons of the senate
judiciary committee and the house of representatives judiciary committee, or their
successor committees.
12-119 Facilities management
The supreme court may obtain from the department of administration operational,
maintenance and security assistance for any supreme court facility or may employ
personnel or contract for outside services for the operation, maintenance and security of
such facility. The supreme court and division one of the court of appeals shall be
housed in the ARIZONA courts building.
12-120.01 Qualifications of judges; terms; ballots; vacancies
A. A judge of the court of appeals shall be:
1. Not less than thirty years of age.
2. Of good moral character.
3. A qualified elector of the county of his residence, and a resident of such
county for not less than three years next preceding taking office.
4. A resident of the division in which he is elected.
5. Admitted to the practice of law in the state of ARIZONA for not less than five
years next preceding taking office.
6. A resident of ARIZONA for not less than five years next preceding taking office.
B. Except for the initial term, each judge shall hold office for a term of six
years to commence on the first Monday in January following his retention election and
until his successor is appointed and qualified. Each judge shall be appointed by the
governor and serve an initial term pursuant to article VI, section 37, Constitution of
ARIZONA.
12-120.02 Election of judges
A. In division 1, of the fifteen judges who are on the bench on July 1, 1995, ten
of the judges shall be residents of and elected for retention from Maricopa county and
five of the judges shall be residents of the remaining counties in the division and shall
be elected for retention by the voters of the counties in division 1, excluding Maricopa
county. If the sixteenth judge is a resident of Maricopa county, the judge shall be
elected for retention by the voters of Maricopa county. If the sixteenth judge is not a
resident of Maricopa county, the judge shall be elected for retention by the voters of
the counties in division 1, excluding Maricopa county.
B. In division 2, four of the judges shall be residents of and elected from Pima
county and two of the judges shall be residents of the remaining counties in the division
and shall be elected by the voters of the counties in division 2, excluding Pima county.
12-120.03 Salary of judges
Each judge of the court of appeals shall receive an annual salary pursuant to
section 41-1904.
12-120.04 Chief judge; duties
A. The chief judge of each division shall be elected annually by the members of the
division. The chief judge may be a member of any department of the division. The chief
judge shall serve in such capacity until his successor has been elected as provided by
this section.
B. The chief judge shall exercise administrative supervision over the division in
which he serves, shall have such other duties as may be provided by rules of the supreme
court and shall apportion the business to the departments in such manner as to equalize
the distribution of business among them.
C. The chief judge may, and upon direction by the chief justice of the supreme
court shall, designate one department to hear and determine all reviews authorized by the
provisions of section 23-951. Such designated department may also hear and determine
other matters assigned to it by the chief judge.
D. In the absence of the chief judge from the place at which the court is held, or
his inability to act, the other judges shall select one of their own number to perform
the duties and exercise the powers of the chief judge during such absence or inability to
act.
E. The judges of each department shall periodically select a presiding judge and a
member to act as the presiding judge to perform the duties and exercise the powers of the
presiding judge during the absence or inability to act of the presiding judge.
F. The chief judge of division 2 shall be eligible to be the presiding judge of a
department.
G. The chief judge of division 1 shall designate one department to hear and
determine all appeals authorized by section 12-170. This department may also hear and
determine other matters assigned to it by the chief judge.
12-120.05 Seal; affixing of seal
A. The court of appeals shall have a seal which shall be kept by the clerk of each
division.
B. The seal of the court of appeals need not be affixed to any proceedings in the
court except a summons, writ or authentication of a copy of a record or proceedings of
the court or its officers for the purpose of record or evidence in another court or
place.
C. The seal may be affixed by impressing it on the paper or on a substance attached
to the paper and capable of receiving an impression.
12-120.06 Days for transaction of business
The court of appeals shall at all times be open for transaction of business except
on nonjudicial days.
12-120.07 Opinions; publication
A. The chief judge shall assign three of the judges to each department, and such
assignment may be changed by him from time to time. Each of the departments shall have
the power to hear and determine causes and all questions arising therein. The presence
of three judges shall be necessary to transact any business in either of the departments;
except such as may be done in chambers and except as may be otherwise permitted by
law. The opinions of a division or of a department of the court of appeals shall be in
writing, the grounds stated, and shall be concurred in by a majority of a department if
heard by a department or of the division if heard by the division. An opinion of a
division or a department of a division shall be the opinion of the court of appeals.
B. The opinions of the court of appeals shall be published and distributed in the
same manner as provided for the publication and distribution of opinions of the supreme
court.
12-120.08 Appointment of clerk; oath; compensation
A. Each division shall appoint a clerk of the court and other required personnel,
all of whom shall serve at the pleasure of the court.
B. The clerk of each division shall, before entering on the duties of his office,
take the oath of office.
C. The clerk and other personnel shall receive compensation as determined pursuant
to section 38-611.
12-120.09 Duties of clerk; records; certified copies
A. The clerk of each division shall:
1. Issue writs and processes of the court.
2. Enter, under the direction of the court, all orders, judgments and decrees
required to be entered, the title of each action, the date of filing it in the court of
appeals, and a memorandum of all subsequent proceedings, with the date and the fees
charged.
3. Keep such other books of record and perform such other duties as required by law
or the court.
B. The clerk shall furnish a certified copy of any record or proceeding of the
court upon receiving the fee for the copy, except that no fee shall be required from
state or other public officers whose duties require such certified copy.
C. The clerk of each division of the court of appeals may destroy or provide for
the destruction of all documents, records, instruments, books, papers, depositions,
exhibits and transcripts in any action or proceeding in the court of appeals, or
otherwise filed or deposited in the clerk's custody pursuant to rules established by the
supreme court.
D. A photographic or electronic reproduction or image of any of the records
described in this section, which has been certified by the person in charge of such
reproduction as being an exact replica of the original, shall be received in evidence in
all courts, and in hearings before any officer, board or commission having jurisdiction
or authority to conduct such hearings, in like manner as the original.
E. The clerk shall notify the director of the ARIZONA state library, archives and
public records of records designated for destruction pursuant to court rules. The state
library, during the time prescribed by court rule, may review and inspect these
records. During this time period, the state library may remove any of these records for
storage and retrieval.
12-120.10 Post of duty
The designated post of duty of judges of the court of appeals who are elected by the
voters of the counties in division one, excluding Maricopa county, and in division two,
excluding Pima county, as prescribed by the terms of section 12-120.02, shall be deemed
to be their place of physical residence.
12-120.21 Jurisdiction and venue
A. The court of appeals shall have:
1. Appellate jurisdiction in all actions and proceedings originating in or
permitted by law to be appealed from the superior court, except criminal actions
involving crimes for which a sentence of death has actually been imposed.
2. Jurisdiction to issue writs of certiorari to review the lawfulness of awards of
the industrial commission and to enter judgment affirming or setting aside the awards.
3. Jurisdiction to issue injunctions and other writs and orders necessary and
proper to the complete exercise of its appellate jurisdiction.
4. Jurisdiction to hear and determine petitions for special actions brought
pursuant to the rules of procedure for special actions, without regard to its appellate
jurisdiction.
B. A case or appeal of which the court of appeals has jurisdiction in an action or
proceeding originating in or permitted by law to be appealed from the superior court in a
county shall be brought or filed in the division which contains that county. An
application for a writ of certiorari to review the lawfulness of an award of the
industrial commission shall be brought in division 1.
12-120.22 Appeals; transfer of case, appeal or petition for a writ
A. Appeals to the court of appeals shall be taken from the superior court in the
manner prescribed for appeals to the supreme court and within like time.
B. No case, appeal or petition for a writ brought in the supreme court or court of
appeals shall be dismissed for the reason only that it was not brought in the proper
court or division, but it shall be transferred to the proper court or division.
12-120.23 Transfer of case and appeal by the supreme court
The supreme court may transfer to the court of appeals for decision a case or appeal
pending before the supreme court if the case or appeal is within the jurisdiction of the
court of appeals.
12-120.24 Rehearing review by supreme court; issuance of mandate
A party against whom a decision has been rendered or against whom a motion for
dismissal of the action has been granted in the court of appeals may file in such court a
motion for rehearing after the rendition of the decision or order of dismissal, setting
forth with particularity the reasons why he believes the decision or order of dismissal
erroneous. The opposite party may file his response to such motion. If the motion is
denied, and the party against whom the decision or order has been rendered desires a
further review by the supreme court, he shall serve upon the opposite party and file with
the clerk of the division a statement that he desires such review. The clerk of the
division shall thereupon transmit the record in the case to the clerk of the supreme
court. The supreme court shall either grant or deny the request for review. No further
briefs or oral argument shall be filed or had unless the supreme court so directs. If no
request for review by the supreme court has been filed, or upon the receipt from the
clerk of the supreme court of notification that the request for review has been denied,
the clerk of the division shall, if the matter has been decided by formal opinion, issue
the mandate of the court of appeals, if no written formal opinion has been rendered then
by certified copy of the order of the court.
12-120.31 Fees and costs; distribution
A. Fees and costs in the court of appeals shall be the same as supreme court fees
and costs pursuant to section 12-119.01.
B. Fees charged by the court of appeals for electronic filing of documents and
electronic access shall be the same amount as fees charged by the supreme court and are
subject to the provisions of section 12-119.02.
C. The court of appeals shall retain 8.36 per cent of all of the monies it collects
monthly pursuant to subsection A of this section. The retained monies shall be used to
improve, maintain and enhance the ability to collect and manage monies assessed or
received by the court, to improve court automation and to improve case processing or the
administration of justice. The clerk of the court of appeals shall submit a plan to the
supreme court that the supreme court shall approve before the court spends the retained
monies.
D. Excluding the monies that are retained pursuant to subsection C of this section,
the clerk of the court of appeals shall deposit, pursuant to sections 35-146 and 35-147,
all monies collected pursuant to subsection A of this section as follows:
1. 19.42 per cent in the judicial collection enhancement fund established by
section 12-113.
2. 26.00 per cent with the state treasurer for transmission to the elected
officials' retirement plan fund established by section 38-802. The monies shall be
transmitted by the state treasurer to the fund pursuant to section 38-810.
3. 46.22 per cent in the state general fund.
12-120.32 Additional fees
A. No additional fees shall be charged when an appeal or petition for a writ is
transferred to another court.
B. The filing fees required under section 12-119.01 for petitions for review of a
decision of the court of appeals, cross petitions for review and responses to petitions
for review shall be paid at the time of filing pursuant to the rules of civil appellate
procedure. A party who files a cross petition for review shall not pay a subsequent
filing fee for a response. A party who fails to file a response or who fails to appear
in the proceeding shall not be charged a fee and shall not be entitled to be heard. No
fee may be charged for filing a special action or a response to a special action arising
out of a criminal case if the defendant has been declared indigent by the trial court.
12-120 Creation of court of appeals; court of record; composition; sessions
A. There is created a court of appeals which shall constitute a single court and
such court shall be a court of record.
B. The court of appeals shall be divided into two divisions which shall be
designated as division 1 and division 2. Division 1 shall have sixteen judges,
consisting of the chief judge and five departments of three judges each, denominated,
respectively, department A, department B, department C, department D and department
E. Division 2 shall have six judges, consisting of two departments of three judges each,
denominated, respectively, department A and department B.
C. Division 1 shall consist of the counties of Maricopa, Yuma, La Paz, Mohave,
Coconino, Yavapai, Navajo and Apache.
D. Division 2 shall consist of the counties of Pima, Pinal, Cochise, Santa Cruz,
Greenlee, Graham and Gila.
E. The sessions of divisions 1 and 2 shall be held in Phoenix and Tucson,
respectively. Sessions may be held at places other than Phoenix or Tucson when in the
opinion of a majority of the judges of a division or department the public interest so
requires. The judges of the respective divisions and departments may hold sessions in
either division and shall do so when directed by the chief justice of the supreme
court. Each judge of the court of appeals may participate in matters pending before a
different division or department.
F. No more than three judges of the court of appeals, including superior court
judges and retired judges sitting with the court, shall hear and determine a matter and
render a decision, and a majority of two of the three judges shall be sufficient to
render a decision.
12-121 Number of judges; petition for approval of additional judges; additional method
A. In each county of the state there shall be a superior court for which at least
one judge shall be elected. In each county having a census enumeration greater than
thirty thousand inhabitants, and upon petition by the board of supervisors of such county
to the governor and his approval thereof, there shall be an additional judge of the
superior court for each thirty thousand inhabitants, or majority fraction thereof, or the
additional judge of the superior court may be authorized, based on the procedure
prescribed by the terms of subsections B and C.
B. Upon petition by the board of supervisors of a county to the governor and his
approval thereof, there shall be an additional judge of the superior court provided that
the board of supervisors has determined, as prescribed in subsection C, that the county
has acquired since the last census enumeration the required number of inhabitants for an
additional judge as provided in subsection A.
C. The determination of the board of supervisors shall be based on, but not limited
to, recent estimates of population, if any, of any area within the county issued by the
bureau of the census, auto registrations, nonagricultural employment, gross utility
revenues and retail sales.
D. Additional judges authorized by the terms of this section shall be appointed or
elected as provided by law.
12-122 General power of superior court
The superior court, in addition to the powers conferred by constitution, rule or
statute, may proceed according to the common law.
12-123 Jurisdiction and powers
A. The superior court shall have original and concurrent jurisdiction as conferred
by the constitution, and concurrent jurisdiction with justices of the peace of
misdemeanors where the penalty does not exceed a fine of one thousand dollars or
imprisonment for six months.
B. The court, and the judges thereof, shall have all powers and may issue all writs
necessary to the complete exercise of its jurisdiction.
12-124 Appellate jurisdiction; issuance of writs
A. The superior court shall have appellate jurisdiction in all actions appealed
from justices of the peace, inferior courts, boards and officers from which appeals may,
by law, be taken.
B. The superior court may issue writs of certiorari to inferior courts, boards or
officers to compel a return of their proceedings, examine or try such proceedings and
give any judgment or make any order necessary in furtherance of justice.
C. The superior court may issue writs of prohibition or other remedial writs
necessary to carry out its powers.
12-125 Procedure for appeal when not prescribed
When the right of appeal to the superior court from an officer, board or commission
is provided by law, but the manner of taking the appeal and the procedure thereon is not
prescribed, the laws relating to taking appeals from courts of justices of the peace
shall apply insofar as conformable.
12-126 Seal; affixing of seal
A. The superior court shall have a seal which shall be the vignette of Abraham
Lincoln with the words "seal of the superior court of the state of ARIZONA in and for the
county of ____________" surrounding the vignette. The seal shall be kept by the clerk of
the court.
B. The seal of the superior court need not be affixed to any proceedings in the
court except a summons or writ, the proof of a will, the appointment of an executor,
administrator or guardian, or the authentication of a copy of a record or proceedings of
the court or its officers for the purpose of record or evidence in another court or
place.
C. The seal may be affixed by impressing it on the paper or on a substance attached
to the paper, and capable of receiving the impression.
12-127 Days for transaction of business; exceptions
A. The superior court shall at all times be open for transaction of business except
on nonjudicial days. No business shall be transacted on a legal holiday except:
1. To give, upon its request, instructions to a jury deliberating on its verdict.
2. To receive a verdict or discharge a jury.
3. For the exercise of the powers of a magistrate in a criminal action or in a
proceeding of a criminal nature.
B. Writs of injunction, attachment, garnishment, replevin, and prohibition may be
issued and served on any day.
12-128.01 Receipt of salary by judges and commissioners; affidavit; pending and undetermined causes; violation; classification
A. A superior court judge or commissioner shall not receive his salary unless such
judge or commissioner either certifies that no cause before such judge or commissioner
remains pending and undetermined for sixty days after it has been submitted for decision
or there is submitted by the chief justice of the ARIZONA supreme court a certification
that such superior court judge or commissioner has been physically disabled during the
preceding sixty days or that good and sufficient cause exists to excuse the application
of this section to particularly identified litigation then pending.
B. Any certification submitted by the chief justice pursuant to subsection A shall
set forth in detail the nature and duration of the physical disability involved or the
reason why subsection A should not apply to the specified pending litigation.
C. Any person who issues or causes to be issued any check, warrant or payment to a
judge or commissioner knowing that, pursuant to this section, such judge or commissioner
should not receive his salary is guilty of a class 3 misdemeanor.
12-128 Salary of judges; payment by state and counties
Judges of the superior court shall each receive an annual salary pursuant to section
41-1904 which is payable one-half by this state and one-half by the counties
respectively.
12-129 Expenses of judge sitting in other county or supreme court
A. When a judge of the superior court in any county is called into another county
by the superior judge thereof, or by the governor, to hold court or preside over any
proceeding, the judge shall be paid a per diem subsistence allowance pursuant to section
38-624 by the county into which the judge is called. The board of supervisors shall pay
the per diem amount only on the order of the presiding judge of the court in which the
legal proceedings are held.
B. The expenses of superior court judges called to sit with the supreme court shall
be paid from the general fund of the state.
12-130 Place of holding court; accommodations
A. The regular sessions of the superior court shall be held at the county seat and
at such other places within the county authorized by the county board of supervisors.
B. If a room for holding the court is not provided by the county, together with
attendants, fuel, lights and supplies suitable and sufficient for the transaction of
business, the court may direct the sheriff to provide them and the expenses shall be a
county charge.
C. In addition to regular sessions, sessions of the superior court may be held at
places other than the county seat or other place within the county authorized by the
board of supervisors when in the opinion of the judge or judges of such court in any
county the public interest so requires, provided facilities are available for such
sessions.
12-133 Arbitration of claims; agreement of reference; arbitration award; powers of arbitrators; compensation of arbitrators; appeals; deposits; costs
A. The superior court, by rule of court, shall do both of the following:
1. Establish jurisdictional limits of not to exceed fifty thousand dollars for
submission of disputes to arbitration.
2. Require arbitration in all cases which are filed in superior court in which the
court finds or the parties agree that the amount in controversy does not exceed the
jurisdictional limit.
B. The court may waive the arbitration requirement on a showing of good cause if
all parties file a written stipulation waiving the arbitration requirement.
C. The court shall maintain a list of qualified persons within its jurisdiction who
have agreed to serve as arbitrators, subject to the right of each person to refuse to
serve in a particular assigned case and subject further to the right of any party to show
good cause why an appointed arbitrator should not serve in a particular assigned case.
The court rules shall provide that the case subject to arbitration shall be assigned for
hearing to a panel of three arbitrators, or in the alternative, to a single arbitrator,
each of whom shall be selected by the court.
D. Regardless of whether or not suit has been filed, any case may be referred to
arbitration by an agreement of reference signed by the parties or their respective
counsel for both sides in the case. The agreement of reference shall define the issues
involved for determination in the arbitration proceeding and may also contain
stipulations with respect to agreed facts, issues or defenses. In such cases, the
agreement of reference shall take the place of the pleadings in the case and shall be
filed of record.
E. The arbitration award shall be in writing, signed by a majority of the
arbitrators and filed with the court. The court shall enter the award in its record of
judgments. The award has the effect of a judgment upon the parties unless reversed upon
appeal.
F. The arbitrators shall administer oaths or affirmations and conduct the hearings
pursuant to court rule. The clerk of the superior court shall issue subpoenas, which are
enforceable as provided by law.
G. Each arbitrator shall be paid a reasonable sum, not to exceed seventy-five
dollars per day, to be specified by the rules of the appointing court, for each day
necessarily expended by the arbitrator in the hearing and determination of the case. The
compensation of the arbitrators shall be paid by the county, in which the court has
jurisdiction, from its general revenues and shall not be taxed as costs.
H. Any party to the arbitration proceeding may appeal from the arbitration award to
the court in which the award is entered by filing, within the time limited by rule of
court, a demand for trial de novo on law and fact.
I. Upon appeal, at the time of filing the demand for trial de novo, and as a
condition of filing, the appellant shall deposit a sum equal to the total compensation of
the arbitrators, but not exceeding ten per cent of the amount in controversy, which sum
shall be deposited with the county. If the court finds that the appellant is unable to
make the deposit by reason of lack of funds, the court shall allow the filing of the
appeal without the deposit. The deposit shall be refunded to the appellant if the
judgment on the trial de novo is at least twenty-five per cent more favorable than the
monetary relief or other type of relief granted by the arbitration award. If the judgment
on trial de novo is not at least twenty-five per cent more favorable than the monetary
relief or other type of relief granted by the arbitration award, the court shall order
that the deposit be used to pay, or that the appellant pay if the deposit is
insufficient, the following costs and fees, unless the court finds on motion that the
imposition of the costs and fees would create such a substantial economic hardship as not
to be in the interest of justice:
1. To the county, the compensation actually paid to the arbitrator.
2. To the appellee, those costs taxable in any civil action and reasonable attorney
fees as determined by the trial judge for services necessitated by the appeal.
3. Reasonable expert witness fees that are incurred by the appellee in connection
with the appeal.
J. An arbitrator is personally immune from suit with respect to all acts done and
actions taken in furtherance of the purposes of this section.
K. The jurisdictional limit under subsection A, paragraph 1 does not apply to
arbitration that is conducted under an alternative dispute resolution program approved by
the supreme court.
12-134 Mediation; fee
A. A court may refer cases to mediation and other alternative dispute resolution
procedures to promote the resolution of cases filed in the court.
B. The board of supervisors in each county, in cooperation with the presiding judge
of the superior court in the county, may establish a reasonable fee for alternative
dispute resolution services provided by the court in the county. If a judicial officer
provides the alternative dispute resolution services, a fee shall not be imposed. The
superior court in each county shall transmit the fees collected pursuant to this section
to the county treasurer for deposit in the local alternative dispute resolution fund
established pursuant to section 12-135.01.
12-135.01 Local alternative dispute resolution fund; report
A. If an alternative dispute resolution fee is established pursuant to section
12-134, the county treasurer shall establish a local alternative dispute resolution
fund. The superior court shall transmit monthly to the county treasurer for deposit in
the local alternative dispute resolution fund all fees that are collected pursuant to
section 12-134.
B. The presiding judge of the superior court shall administer the fund and may
expend monies in the fund to establish, maintain, evaluate and enhance programs that are
developed pursuant to sections 12-133 and 12-134. The county treasurer shall disburse
monies from the fund only at the direction of the presiding judge of the superior court.
C. On notice from the presiding judge of the superior court, the county treasurer
shall invest and divest monies in the fund, and monies earned from investments shall be
credited to the fund.
D. Monies in the fund shall be used to supplement, not supplant, funding that would
otherwise be made available for alternative dispute resolution programs.
E. On or before January 10 of each year, the county treasurer shall submit an
annual report to the presiding judge of the superior court indicating the total amount of
monies in the local alternative dispute resolution fund.
12-135 Alternative dispute resolution fund
A. The alternative dispute resolution fund is established consisting of monies
deposited in the fund pursuant to section 12-284.03, subsection A, paragraph 5 and
section 22-281, subsection C, paragraph 2.
B. Courts wishing to participate in the alternative dispute resolution program may
apply to the supreme court for funding. The supreme court shall administer the fund and
may expend monies in the fund for local, regional or statewide projects that establish,
maintain, improve or enhance alternative dispute resolution programs.
C. On notice from the supreme court, the state treasurer shall invest and divest
monies in the alternative dispute resolution fund as provided by section 35-313, and
monies earned from investment shall be credited to the fund.
D. Monies from the alternative dispute resolution fund that are provided to local
courts shall be used to supplement, not supplant, local funding that would otherwise be
made available for alternative dispute resolution programs.
E. The supreme court shall use monies that are deposited in the fund pursuant to
section 12-284.03, subsection A, paragraph 5 to implement, administer and fund
alternative dispute resolution programs for the superior court in the counties that apply
for funding.
F. The supreme court shall use monies that are deposited in the fund pursuant to
section 22-281, subsection C, paragraph 2 to implement, administer and fund alternative
dispute resolution programs for justice courts that apply for funding.
G. Monies in the fund are exempt from the provisions of section 35-190 relating to
lapsing of appropriations. 12-136 Indian tribal courts; involuntary commitment orders; recognition
A. Notwithstanding any law to the contrary, an involuntary commitment order of an
ARIZONA tribal court filed with the clerk of the superior court shall be recognized and
is enforceable by any court of record in this state, subject to the same procedures,
defenses and proceedings for reopening, vacating or staying as a judgment of the
court. The ARIZONA supreme court may adopt rules regarding recognition of tribal court
involuntary commitment orders. The state, through the attorney general, shall be given
notice of the filing at the time the commitment order is filed and shall have five days
from receipt of the written notice of the filing of the order to appear as a party and
respond. A patient committed to a state mental health treatment facility under this
section shall be subject to the jurisdiction of the state.
B. Decisions regarding discharge or release of a patient committed pursuant to
subsection A shall be made by the facility providing involuntary treatment. Ten days
prior to discharge or release, the state mental health treatment facility shall notify
the tribal court which issued the involuntary commitment order of the facility's
intention to discharge or release a patient. Any necessary outpatient follow-up and
transportation of the patient to the jurisdiction of the tribal court, within the time
set forth in the notice, shall be provided for in an intergovernmental agreement between
the tribe and the department of health services.
12-141 Appointment of judges pro tempore
Upon request of the presiding judge of the superior court in any county the chief
justice of the state supreme court may appoint judges pro tempore of the superior court
for such county in the manner provided by this article and subject to the approval of the
board of supervisors of the county.
12-142 Qualifications of judge pro tempore; residence; salary; exclusion from retirement provisions
A. A judge pro tempore of the superior court shall be:
1. Not less than thirty years of age.
2. Of good moral character.
3. Admitted to the practice of law in this state for not less than five years next
preceding his appointment.
4. A resident of this state for not less than five years next preceding his
appointment.
B. A judge pro tempore may be appointed to serve in the county of his residence or
in a county of which he is not a resident.
C. The salary of a judge pro tempore shall be paid for the period of the
appointment based on an annual salary equal to that of a superior court judge. A judge
pro tempore may agree in advance to donate any or all of his services.
D. Judges pro tempore are not subject to any provision of law relating to the
retirement of judges.
12-143 Payment of salaries and other expenses; providing facilities; judicial employees
A. The salary of a judge pro tempore shall be paid one-half by the state and
one-half by the county to which such judge is assigned.
B. The sessions of the superior court presided over by a judge pro tempore shall be
held wherever the county board of supervisors may direct, if approved by the chief
justice of the supreme court. The expense for the court and other required facilities
such as attendants, judicial employees, fuel, lights and supplies suitable and sufficient
for the transaction of business shall be provided by the county.
C. Assignment of judicial employees to the court over which a judge pro tempore
presides, such as any deputy clerk of the court, certified superior court reporter,
bailiff, interpreter and adult probation officer, shall be made by the county.
12-144 Limitations; term; reappointment; extension of duties; powers and duties
A. The chief justice of the supreme court may appoint a judge pro tempore of the
superior court for a county pursuant to section 12-141 without regard to the number of
judges that are prescribed by section 12-121.
B. The term of a judge pro tempore may be for any period of time not to exceed
twelve months for any one term. The chief justice may reappoint a person who was
previously appointed as a judge pro tempore. The chief justice may at any time terminate
the term of a judge pro tempore.
C. The judicial powers and duties of a judge pro tempore shall extend beyond the
period of the judge pro tempore's appointment for the purpose of hearing and determining
any proceeding necessary to a final determination of a cause heard by the judge in whole
or in part during the period of the judge's appointment.
D. The powers and duties of a judge pro tempore of the superior court are the same
as are provided for superior court judges in article 2 of this chapter.
12-145 Appointment of judges pro tempore of the court of appeals
Upon request of the chief judge of a division of the court of appeals, the chief
justice of the state supreme court may appoint judges pro tempore of the court of appeals
for such division in the manner prescribed by this article, subject to the availability
of appropriated funds.
12-146 Qualifications of court of appeals judge pro tempore; residence; salary; exclusion from retirement provisions
A. A judge pro tempore of the court of appeals shall be:
1. Not less than thirty years of age.
2. Of good moral character.
3. Admitted to the practice of law in this state for not less than five years next
preceding his appointment.
4. A resident of this state for not less than five years next preceding his
appointment.
B. A judge pro tempore may be appointed to serve in the division of his residence
or in a division of which he is not a resident.
C. The salary of a judge pro tempore shall be paid for the period of his
appointment based on an annual salary equal to that of a judge of the court of
appeals. A judge pro tempore may agree in advance to donate any or all of his services.
D. Judges pro tempore are not subject to any provision of law relating to the
retirement of judges.
12-147 Limitations; term; reappointment; extension of duties; powers and duties
A. The chief justice of the state supreme court may appoint a judge pro tempore for
a division of the court of appeals as provided for in section 12-145 without regard to
the number of judges prescribed by section 12-120, subsection B.
B. The term of a judge pro tempore may be for any period of time not to exceed six
months for any one term, and a person previously appointed as judge pro tempore may be
reappointed by the chief justice. The chief justice may at any time terminate the term
of a judge pro tempore.
C. The judicial powers and duties of a judge pro tempore shall extend beyond the
period of his appointment for the purpose of hearing and determining any proceeding
necessary to a final determination of a cause heard by him in whole or in part during the
period of his appointment.
D. The powers and duties of a judge pro tempore of the court of appeals are the
same as are provided for court of appeals judges in article 1.1 of this chapter, relating
to the court of appeals.
12-161 Definition of tax court
A. In this chapter, unless the context otherwise requires, "tax court" means the
tax department of the superior court in Maricopa county when exercising the original
jurisdiction of the superior court over cases of equity and at law which involve the
legality of any tax, impost or assessment.
B. This court shall be known as the ARIZONA tax court.
12-162 Administration of the tax court; principal office; travel expenses; facilities; employees
A. The tax court is under the administrative supervision of the presiding judge of
the superior court in Maricopa county, who shall establish the personnel and budget
requirements of the principal office of the court.
B. The principal office of the tax court is at the superior court in Maricopa
county, which county shall fund the personnel and budget requirements of the principal
office as determined by the presiding judge.
C. The tax court may hold hearings in any county seat to provide a reasonable
opportunity for taxpayers to appear before the court. If the court holds hearings in any
county other than the county in which the principal office is located, the travel and per
diem expenses of the tax judge and tax court staff shall be paid by the county in which
the tax court is sitting.
D. If holding court in any county other than the county in which the principal
office is located, the county in which the tax court is sitting shall provide reasonable
access to existing facilities for the hearing and trial of tax cases in accordance with
section 12-130 and guidelines approved by the supreme court.
E. The clerk of the tax court shall be a deputy clerk of the superior court.
12-163 Assignment to tax court
A. Except as provided in subsection B of this section, if it appears from the
pleadings or other pleadings filed with the superior court that an action involves the
imposition, assessment or collection of a tax including all questions of law and fact
relating to disputes about taxes arising under title 5, chapter 1, 2, 3 or 4, title 23,
chapter 4 or 6 or title 20, 28, 42, 43 or 48, or disputes between political subdivisions
of this state regarding taxes, except for criminal cases which involve any of the
foregoing, the presiding judge of the superior court shall assign the action to the tax
court. Actions involving appeals to the superior court concerning taxes imposed or
collected by local jurisdictions shall also be assigned by the presiding judge to the tax
court.
B. An action involving the imposition, assessment or collection of a tax, including
questions of law or fact relating to a dispute about taxes, arising under title 42,
chapters 11 through 16 may be filed in either the tax court or the superior court.
C. The supreme court shall adopt rules regarding the identification and assignment
of actions to the tax court including a requirement that any action involving matters to
be assigned to the tax court under subsection A of this section be identified as a tax
court matter at the time of filing, by captioning the pleading "in the ARIZONA tax
court".
D. If any order not amounting to a judgment has been entered by the superior court
prior to assignment of the matter to the tax court, the tax court may, on application of
any party or on its own motion within thirty days after the assignment, reconsider any
order so entered.
12-164 Qualifications and assignment of tax judge; qualifications and appointments of judges pro tempore and commissioners assigned to the tax court
A. A judge of the tax court shall be a superior court judge who has been duly
selected as provided by law and assigned to the tax court by the presiding judge of the
superior court in Maricopa county.
B. In addition to the qualifications prescribed by law for a superior court judge,
a judge of the tax court shall demonstrate a willingness to specialize in tax cases and a
willingness to serve as a tax judge for at least two years or the remainder of his
current term of office, whichever is less.
C. In addition to the qualifications set forth in section 12-142, a judge pro
tempore appointed to serve in the tax court by the chief justice of the supreme court
pursuant to section 12-141 shall qualify under minimum standards of experience and
education in tax law established by the supreme court.
D. In addition to the qualifications set forth in section 12-211, a court
commissioner appointed to serve in the tax court by the presiding judge of Maricopa
county pursuant to section 12-213 shall qualify under minimum standards of experience and
education in tax law established by the supreme court.
12-165 Venue; change of judge
A. All actions involving disputes arising under the jurisdiction of the tax court
shall be brought in the superior court in Maricopa county.
B. Except for actions that involve disputes about taxes arising under title 42,
chapters 11 through 16, an action involving a tax, impost or assessment that is filed in
another county shall be transferred to the tax court.
C. A change of judge in the tax court shall be granted only for cause as prescribed
in section 12-409. If a party to an action described by section 12-163, subsection B,
exercises its right to a change of judge, the action shall not be reassigned to the tax
court.
12-166 Commencement of proceedings
Except as provided in this article, proceedings in the tax court shall be governed
by the rules of civil procedure in the superior court.
12-167 Filing fees; filing by mail
A. Except as provided in subsection B of this section, the filing and appearance
fees in the tax court are the same as the statutory fees in the superior court and are
subject to the same exemptions provided by law for this state or a county, city, town or
political subdivision.
B. The filing and appearance fees for small claims actions in the tax court are
established pursuant to section 12-284 and are subject to the same exemptions provided by
law for this state or a county, city, town or political subdivision. If the tax judge
determines that a small claims action should be heard as a regular tax court case, the
judge shall require the parties to pay the full fees prescribed in subsection A of this
section less any filing and appearance fees already paid.
C. Actions filed in the tax court are subject to all fees for the services and in
the amounts prescribed in section 12-284 for the clerk of the superior court.
D. Filings with the tax court may be made by mail. If a pleading is filed by mail,
the date of the postmark is the date of filing.
12-168 Proceedings
A. Proceedings before the court are original, independent proceedings and shall be
tried de novo.
B. If an action is an appeal from an order or determination of an administrative
agency, the action shall be an original proceeding in the nature of a suit to set aside
the order or determination.
12-169 Rules of procedure; reporting
A. The superior court in Maricopa county may adopt rules of procedure and practice
for the tax court if supplemental rules to the existing rules of civil procedure for the
superior court and the uniform rules of practice of the superior court are needed to
simplify procedures and pleadings in the tax court. All rules of the tax court shall be
approved by the supreme court.
B. All proceedings before the tax court, except small claims proceedings, shall be
officially reported unless this requirement is waived by the parties with the consent of
the tax judge.
12-170 Decisions; judgment; appeal
A. The tax court, except when it is sitting as a small claims tax court, shall
render its decision in writing and, on its own motion or at the request of a party,
include a concise statement of the facts found and the conclusions of law reached by the
court.
B. In its judgment the court shall grant the relief, invoke the remedies and issue
any orders which are appropriate to its decision.
C. The judgment is final unless within thirty days after the entry of the judgment
a notice of appeal is filed with the clerk of the tax court. The appeal shall be heard
by a department of division 1 of the court of appeals designated by the chief judge of
the division pursuant to section 12-120.04.
12-171 Publication of decisions
Decisions of the tax court that the court finds are of general public interest,
other than decisions relating to ad valorem property tax, shall be published and
distributed in the same manner as provided for the publication and distribution of the
opinions of the supreme court.
12-172 Small claims procedures; election; judge
A. A taxpayer may elect to use simplified, small claims procedures in the following
cases:
1. Disputes concerning the valuation or classification of property in which the
property is class three property as described in section 42-12003 or in which the full
cash value of all real and personal property does not exceed one million dollars.
2. Disputes concerning all other taxes in which the amount of the taxes, interest
at the time of assessment and penalties in dispute is less than five thousand dollars.
B. A taxpayer elects to use small claims procedures by indicating in the caption of
the complaint that the matter is a small claims procedure in the tax court.
C. The judge or a commissioner of the tax court shall hear small claims cases.
12-173 Notice; dismissal; removal
A. After the taxpayer makes an election to use small claims procedures, the
applicable state or local taxing authority shall be notified and provided a copy of the
complaint by mail by the clerk of the tax court and becomes a party to the small claims
case after receiving the notice.
B. A taxpayer may dismiss a small claims case before the entry of judgment by
notifying the clerk of the tax court in writing. A dismissal by the taxpayer is with
prejudice.
C. The judge or commissioner may reclassify a small claims procedure as a regular
tax court case if the requirements of section 12-172 are not met.
12-174 Hearing; representation; no appeal right
A. A small claims hearing shall be informal and the judge or commissioner may hear
any testimony and receive any evidence necessary for a just and equitable determination
of the case. All testimony shall be given under oath.
B. A party in a small claims case may appear on his own behalf or may be
represented by an attorney licensed in this state or any other person the court allows to
participate in the hearing.
C. The judgment in a small claims case in the tax court is conclusive on all
parties and shall not be appealed. The judgment may include any orders necessary to
effectuate the judgment but shall not be considered as judicial precedent or be given any
effect in any other proceeding.
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