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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : JUDICIAL OFFICERS AND EMPLOYEES
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12-201 Oath; office; deputies
A. The clerk of the supreme court shall, before entering on the duties of his
office, take the oath of office.
B. The clerk shall keep his office at the capitol, and may appoint deputies.
12-202.01 Preservation and destruction of records
A. The clerk of the supreme court 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 supreme court, or otherwise filed or deposited in the
clerk's custody pursuant to rules adopted by the supreme court.
B. 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.
C. 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.
12-202 Duties; record of proceedings; certified copies
A. The clerk shall:
1. Attend sessions of the court.
2. Issue writs and processes of the court.
3. 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 supreme
court, and a memorandum of all subsequent proceedings, with the date and the fees
charged.
4. Keep such other books of record and perform such other duties as required by law
or the court.
B. The record of the proceedings of the court shall be read, corrected and signed
by the chief justice.
C. The clerk shall furnish a certified copy of any record or proceeding of the
court upon receiving the fee therefor, except no fee shall be required from state or
other public officers whose duties require such certified copy.
12-203 Salary of clerk and deputy; administrative director
The clerk of the supreme court, the deputy clerk and the administrative director of
the supreme court shall receive compensation as determined pursuant to section 38-611.
12-211 Appointment; qualifications and residence
A. Each judge of the superior court may appoint a court commissioner.
B. To be eligible to serve as a court commissioner a person shall be a United
States citizen and a resident of the county in which appointed. He shall reside at the
county seat or at such other city or town within the jurisdiction of the judge making the
appointment as may be designated by the judge.
12-212 Powers; compensation
A. The court commissioner may:
1. In the absence or inability to act of the judge appointing him, hear and
determine ex parte motions for orders and writs, except orders for injunctions.
2. Take proof and report his conclusions upon any matter of fact, other than an
issue of fact raised by the pleadings, on which information is required by the
court. Either party may object to the report within five days after receiving written
notice that it has been filed.
3. Take and approve bonds and undertakings in actions or proceedings in the court
and examine the sureties thereon.
4. Administer oaths and take affidavits and depositions in any action or proceeding
whatever.
5. Take acknowledgments and proof of deeds and other instruments requiring proof or
acknowledgment under the laws of the state.
6. Charge and collect the same fees for performance of official acts as notaries
public for like services.
7. Adopt an official seal upon which is engraved the words "court
commissioner,...... (insert name of county) county, ARIZONA" and authenticate official
acts with his seal.
8. Enter judgments pursuant to section 23-737.01.
B. When the court commissioner performs services in place of the judge of the
superior court he shall be paid such amount as the court determines to be reasonable,
considering the services performed. The state and county shall each pay one-half of the
amount.
12-213 Commissioners in certain counties; appointment; powers and duties; salary
A. In counties having three or more superior court judges, the presiding judge may
appoint court commissioners to serve at his pleasure who shall have such powers and
duties as shall be provided by statute or by rule of the supreme court, save and except
such commissioners are expressly prohibited, except in default hearings, from making any
ex parte orders which would deprive any person or persons from custody of their child or
children, or change of counsel of attorneys, or deprive any person of their liberty, or
deprive any person or entity from their property or the use thereof, or any injunctive
relief.
B. Commissioners appointed under subsection A shall receive an annual salary set by
the presiding judge which may not exceed ninety per cent of the salary of a judge of the
superior court. The commissioner's salary shall be a county charge. An appointed
commissioner shall be a duly licensed member of the state bar of ARIZONA and shall have
engaged in active general practice of the law for a period of not less than three years
next preceding his appointment.
12-221 Appointment and oath
Each judge of the superior court shall appoint a court reporter. Before entering
upon his duties, the court reporter shall take and subscribe the official oath to be
administered by the judge of the court.
12-223 Attendance at and report of proceedings; sale of transcripts
A. The court reporter shall attend court during the hearing of all matters before
it unless excused by the judge. He shall make stenographic notes of all oral proceedings
before the court, but unless requested by court or counsel, he need not make stenographic
notes of arguments of counsel to a jury, nor of argument of counsel to the court in the
absence of a jury.
B. Upon payment or tender of the fees therefor, he shall furnish to any person a
typewritten transcript of all or any part of the proceedings reported by him, and upon
request, certify that such transcript is a correct and complete statement of such
proceedings.
12-224 Salary; fees for transcripts; free transcripts; office supplies
A. The salary of the court reporter shall be fixed by the presiding judge of the
court, with the approval of the board of supervisors of the county, and shall be paid by
the county.
B. The reporter shall receive from a party ordering an appeal transcript, two
dollars fifty cents per page for the original, and thirty cents per page for each copy if
ordered at the same time and by the same party.
C. The reporter, when requested in advance, shall furnish free of charge to the
county attorney or the attorney general a copy of the transcript of testimony when a
transcript is made on an appeal in a criminal case, and to the attorney general when the
state is a party.
D. The reporter, when requested, shall furnish at county expense to the county
attorney or the attorney general a copy of the transcript of testimony of any proceeding
held in the superior court when the state or an instrumentality thereof is ordered to
provide such transcripts by a federal court in a habeas corpus proceeding in the federal
courts or when ordered by the ARIZONA supreme court to provide such transcripts in a
habeas corpus proceeding in state court.
E. The necessary supplies for conduct of the office of reporter shall be furnished
by the county.
12-225 Appointment of deputies; compensation
A. The court reporter may employ deputies who shall be compensated by him.
B. When the reporter is prevented from performing his duties because of absence on
public business, or when more than one judge is holding court at the same time in the
county or any division thereof, the reporter may appoint a deputy to perform the services
of reporter during the period and at the compensation the judge provides by order. Such
compensation shall be a county charge.
12-231 Appointment and duties
Each judge of the superior court may appoint such bailiffs as necessary to insure
orderly transaction of the business of the court. The appointing judge shall prescribe
the duties of the bailiff.
12-241 Appointment; court attendance
The court may when necessary appoint interpreters, who may be summoned in the same
manner as witnesses, and shall be subject to the same penalties for disobedience.
12-242 Interpreters for deaf persons;proceedings; definitions
(L00, ch 98, sec. 1. Eff. 10/1/07)
A. The court shall in any civil or criminal case or grand jury proceeding in which
a deaf person is party to such action, either as a witness, complainant, defendant or
attorney, appoint a qualified interpreter to interpret the proceedings to the deaf
person, to interpret the deaf person's testimony or statements and to interpret
preparations with the deaf person's attorney.
B. A department, board, commission, agency or licensing authority of this state or
a political subdivision of this state shall, in any proceeding before such department,
board, commission, agency or licensing authority in which a deaf person is a principal
party of interest or witness, appoint a qualified interpreter to interpret the
proceedings to the deaf person and to interpret the deaf person's testimony or
statements.
C. If a person known or ascertained to be deaf is arrested and taken into custody
for any alleged violation of a criminal law of this state, the arresting officer, the
officer's superiors or the court shall procure a qualified interpreter in order to
properly interpret any of the following:
1. Warnings of the person's constitutional privilege against self-incrimination as
it relates to custodial interrogation.
2. Interrogation of the deaf person.
3. The deaf person's statements.
D. If a juvenile whose parent or parents are deaf is brought before a court for any
reason, the court shall appoint a qualified interpreter to interpret the proceedings and
testimony for the deaf parent or parents and to interpret any statements or testimony the
deaf parent or parents may be called upon to give to the court.
E. If a communication made by a deaf person through an interpreter is privileged,
the privilege extends also to the interpreter.
F. If the interpreter or the deaf person determines that effective communication is
not occurring the court or appointing authority shall permit the interpreter or the deaf
person to nominate a qualified intermediary interpreter to provide interpreting services
between the deaf person and the appointed interpreter during proceedings.
G. A deaf person entitled to the services of an interpreter under this section may
knowingly and intelligently waive these services. A deaf person who has waived an
interpreter under this subsection may provide an interpreter at the deaf person's own
expense.
H. As used in this section:
1. "Deaf person" means a person whose hearing impairment is so significant that the
individual is impaired in processing linguistic information through hearing.
2. "Qualified interpreter" means a person who has a valid license of competency
authorized by the commission for the deaf and the hard of hearing.
12-242 Interpreters for deaf persons; proceedings; definitions
(L82, ch 258, sec 2)
A. The court shall in any civil or criminal case or grand jury proceeding in which
a deaf person is party to such action, either as a witness, complainant, defendant or
attorney, appoint a qualified interpreter to interpret the proceedings to the deaf
person, to interpret the deaf person's testimony or statements and to interpret
preparations with the deaf person's attorney.
B. A department, board, commission, agency or licensing authority of this state or
a political subdivision of this state shall in any proceeding before such department,
board, commission, agency or licensing authority in which a deaf person is a principal
party of interest or witness, appoint a qualified interpreter to interpret the
proceedings to the deaf person and to interpret the deaf person's testimony or
statements.
C. If a person known or ascertained to be deaf is arrested and taken into custody
for any alleged violation of a criminal law of this state, the arresting officer, his
superiors or the court shall procure a qualified interpreter in order to properly
interpret any of the following:
1. Warnings of the person's constitutional privilege against self-incrimination as
it relates to custodial interrogation.
2. Interrogation of the deaf person.
3. The deaf person's statements.
D. If a juvenile whose parent or parents are deaf is brought before a court for any
reason, the court may appoint a qualified interpreter to interpret the proceedings and
testimony for the deaf parent or parents and to interpret any statements or testimony the
deaf parent or parents may be called upon to give to the court.
E. If a communication made by a deaf person through an interpreter is privileged,
the privilege extends also to the interpreter.
F. If the only available interpreter does not possess adequate interpreting skills
for the particular situation, the court or appointing authority may permit the deaf
person to nominate another person to act as an intermediary interpreter between the deaf
person and the appointed interpreter during proceedings.
G. A deaf person entitled to the services of an interpreter under this section may
knowingly and intelligently waive these services. A deaf person who has waived an
interpreter under this subsection may provide his own interpreter at his own expense,
without regard to whether the interpreter is qualified under this section.
H. As used in this section:
1. "Deaf person" means a person whose hearing impairment is so significant that the
individual is impaired in processing linguistic information through hearing.
2. "Qualified interpreter" means a person who has a certificate of competency
authorized by the ARIZONA council for the deaf.
12-251 Adult probation officers and support staff; appointment; qualifications
A. The presiding judge of the superior court in each county shall appoint a chief
adult probation officer who shall serve at the pleasure of the presiding judge. Such
chief adult probation officer, with the approval of the presiding judge of the superior
court, shall appoint such deputy adult probation officers and support staff as are
necessary to provide presentence investigations and supervision services to the
court. Presentence investigations and probation services may be provided to the justice
courts in each county for persons who are convicted of violating section 28-1381 or
28-1382 or title 13, chapter 14, 35.1 or 36 and who are placed on supervised probation by
the court. Presentence investigations and supervised probation services may be provided
by a county probation office to a municipal court through an intergovernmental agreement
entered into by the respective county and municipality. On approval of the presiding
judge and in accordance with policies and procedures developed by the supreme court, the
presiding judge of the superior court may direct that presentence investigations and
supervised probation services be provided for other persons if a risk of violence exists
or if it would be in the best interest of justice. Those deputy adult probation officers
engaged in case supervision shall supervise no more than an average of sixty adults who
reside in the county on probation to the court. Such deputy adult probation officers
shall hold office under rules and procedures established by the supreme court.
B. Each adult probation officer appointed pursuant to subsection A of this section
shall give bond in the principal amount to be fixed by the court and approved by the
judge making the appointment, conditioned upon the faithful performance by such officer
of the officer's official duties and the payment of all monies coming into the officer's
possession as such officer to the person, officer or body entitled to receive the
monies. Any adult probation officer covered by a blanket faithful performance bond
payable to the county or covered by state risk management shall be deemed to be in
compliance with this section.
C. Probation department personnel shall qualify under minimum standards of
experience and education established by the supreme court. Such standards may differ for
counties of less than three hundred thousand persons from counties with three hundred
thousand persons or more. Notwithstanding section 12-265, any additional salary costs
that might be required as a result of the adoption of minimum salary standards by the
supreme court may be paid by funds made available to the probation department pursuant to
sections 12-267 and 12-268 or by the supreme court.
D. Presently appointed adult probation officers who qualify under the provisions of
subsection C of this section shall be retained in their position as long as they are
qualified.
12-252 Salaries and expenses
A. The salary ranges of the adult probation department personnel shall be fixed by
the board of supervisors on recommendation of the presiding judge of the superior
court. Adult probation department personnel shall be hired pursuant to the rules and
procedures approved by the supreme court.
B. The expenses and allowances of the adult probation officers incurred in
performance of their duty or in the execution of the orders of the court shall, when
approved by the presiding judge of the superior court, be paid in the amounts provided in
sections 38-623 and 38-624 in accordance with the approved expenditure plan pursuant to
section 12-267, subsection B.
12-253 Powers and duties
The adult probation officer shall:
1. Make and file a complete record of persons placed under suspended sentence by
the court, and of all reports made to the officer in writing or in person, in accordance
with the conditions imposed by the court.
2. Exercise general supervision and observation over persons under suspended
sentence, subject to control and direction by the court.
3. Serve warrants, make arrests and bring persons before the court who are under
suspended sentences. The officer has the authority of a peace officer in the performance
of the officer's duties.
4. Investigate cases referred to the officer for investigation by the court in
which the officer is serving and report to the court. In an investigation for a
presentence report, the adult probation officer shall promptly inquire into the
circumstances of the offense, the convicted person's history of delinquency or
criminality, social history, employment history, family situation, economic status,
including the ability to contribute to reimbursement for the costs of the person's legal
defense pursuant to section 11-584, education and personal habits. The presentence
report shall contain a recommendation by the officer regarding contribution by the
convicted person toward the costs of legal defense pursuant to section 11-584. The
officer shall also promptly inquire into the physical, emotional and financial impact of
the offense on the victim and the emotional and financial impact of the offense on the
immediate family of the victim and shall notify the victim or the immediate family of the
victim of the right to appear personally or by counsel at any aggravation or mitigation
proceeding.
5. Secure and keep a complete identification record of every person released under
a suspended sentence and a written statement of the conditions of the suspension.
6. Obtain and assemble information concerning the conduct of persons placed under
suspended sentence and report the information to the court.
7. Bring defaulting probationers into court when in his judgment the conduct of the
probationer justifies the court to revoke suspension of the sentence.
12-254 Chief adult probation officer; duties; other officers' duties
A. In each county having a chief adult probation officer, such officer, with the
approval of the presiding judge, shall:
1. Establish organizational and operational procedures for the deputy adult
probation officers of the county.
2. Direct the work and activities of the deputy adult probation officers of the
county.
3. Supply such information as may be requested by the state department of
corrections pursuant to section 41-1604, subsection A, paragraph 6.
4. Perform other duties assigned by the presiding judge, which duties may include
serving as a juvenile probation officer, if such officer meets the minimum qualification
prescribed by section 8-203, subsection C.
B. In a county having no chief probation officer the adult probation officer shall
supply the information required by subsection A, paragraph 3 of this section.
12-255 Private enterprise probation services
Nothing in this article prevents a presiding judge of the superior court in a county
from entering into agreements with private enterprises to provide supervision and
counseling services for persons placed on probation in the county.
12-259.01 Powers and duties
An adult surveillance officer shall:
1. Have the authority of a peace officer in the performance of the officer's
duties.
2. Under the direction of the chief probation officer:
(a) Exercise supervision and observation over persons who are sentenced to
probation, including:
(i) Visual contact with each probationer.
(ii) Contact with the probationer's employer and family.
(b) Report to the court if the probationer engages in conduct constituting an
offense.
(c) Monitor the payment of restitution and probation fees and bring before the
court any probationer who fails to pay restitution or fees.
(d) Serve warrants, make arrests and bring before the court persons who are under
suspended sentence or who have violated the terms of probation.
3. Obtain and assemble information concerning the conduct of persons who are
sentenced to probation, including weekly arrest records, and report the information to
the court.
4. Bring a defaulting probationer into court if, in the judgment of the adult
probation officer, the probationer's conduct justifies revoking probation.
5. Secure and keep a complete identification record of each supervised person and a
written statement of the conditions of the person's probation.
6. Perform any other responsibilities that are required by the terms and conditions
imposed by the court.
12-259 Adult surveillance officers; appointment; qualifications; salaries; expenses
A. Adult surveillance officers shall be appointed and shall qualify pursuant to
section 12-251.
B. Adult surveillance officers shall be hired, salary ranges shall be fixed and
expenses and allowances shall be paid pursuant to section 12-252.
12-261 Administration
The state supreme court shall carry out the provisions of this article.
12-262 Submission of plan; use of funds
The presiding judge of the superior court in each county desiring to improve,
maintain or expand juvenile probation services, or to achieve or maintain the average
adult probation case supervision requirement prescribed in section 12-251, may prepare a
plan in accordance with guidelines issued by the supreme court. The plan shall be
submitted to the state supreme court. The supreme court guidelines shall require that
the plan include:
1. That funds received under this article shall be used primarily for payment of
salaries of probation officers supervising adults or juveniles on probation to the
superior, justice or municipal court.
2. That the funds provided by the state for this purpose will be utilized to
supplement county funds provided for probation services.
3. The proposed budget necessary to implement the plan, including the amount
currently budgeted for that county's probation program.
12-263 Approval and revocation of plans
The supreme court shall have the authority to reject any plan submitted pursuant to
section 12-262. Upon approval of a plan submitted, the supreme court shall enter into a
funding agreement with the county and shall make payments to the county as necessary to
carry out the agreement.
12-264 Continued allocation of funds
By May 31 and December 31 of each year, each presiding judge of the superior court
operating a program under this article shall submit to the supreme court an evaluation
report describing the program and its accomplishments. If, in the judgment of the court,
the program is successful or has shown reasonable promise of being successful, the court
may continue such funding. If the program has not shown reasonable success as agreed to
in the funding agreement, the court shall require submission of a new plan or
modification of the existing plan as a condition of continued funding.
12-265 Allocation of funds; prohibition
A. Any county operating a program under this article shall receive a base amount of
twenty thousand dollars from the funds appropriated annually for the purpose of carrying
out this article. The remainder of any appropriated funds, excluding funds appropriated
for administration, shall be made available to each participating county based upon the
supreme court's determination of the need for and probable effectiveness of each plan
submitted pursuant to this article. The supreme court shall allocate such funds
available according to this section.
B. Funds apportioned to each county shall be distributed within the county between
the adult and juvenile probation departments in proportion to the adult and juvenile
populations of that county based on the most recently available census figures from the
department of economic security or may be distributed on any other basis approved by both
the juvenile and adult probation departments of such counties and by the supreme court.
C. State funds awarded to any county under this article must be utilized to
improve, maintain or expand existing juvenile probation programs or to achieve or
maintain the average adult probation case supervision requirement prescribed in section
12-251. No state funds may be used to increase any salaries funded under current county
probation programs.
12-266 Administrative personnel
The supreme court may employ such personnel as it deems necessary to carry out the
duties of this article.
12-267 Adult probation services fund; accounts; expenditure plan; use
A. The board of supervisors shall designate a chief fiscal officer who shall
establish and administer an adult probation services fund consisting of:
1. County general fund appropriations for adult probation.
2. State appropriations for adult probation including:
(a) Monies for adult probation officers authorized by article 6 of this chapter.
(b) Monies for state aid for adult probation services authorized by this article.
(c) Monies for adult community punishment programs established pursuant to article
11 of this chapter.
(d) Monies for adult intensive probation pursuant to title 13, chapter 9.
3. Probation fees collected pursuant to section 13-901.
4. Federal monies provided for adult probation.
5. Adult probation monies from any other source.
B. The chief fiscal officer shall establish and maintain separate accounts in the
fund showing receipts and expenditures of monies from each source listed in subsection A
of this section. The presiding judge of the superior court shall annually present to the
board of supervisors for approval a detailed expenditure plan for the adult probation
services fund accounts. Any modifications to the expenditure plan affecting state
appropriations shall be made in accordance with the rules and procedures established by
the supreme court. Any modifications to the expenditure plan affecting county
appropriated funds shall be made in accordance with the policies established by the
county. The chief fiscal officer shall disburse monies from the fund accounts only at
the direction of the presiding judge of the superior court. The chief fiscal officer of
each county shall, on or before August 31 of each year for the preceding fiscal year,
submit an annual report to the supreme court showing the total amount of receipts and
expenditures in each account of the adult probation services fund.
C. The state monies in the adult probation services fund shall be used in
accordance with guidelines established by the supreme court or the granting authority.
D. State monies expended from the adult probation services fund shall be used to
supplement, not supplant, county appropriations for the superior court adult probation
department.
E. Up to twenty-five thousand dollars annually deposited in the adult probation
services fund shall be used to pay the annual assessment on member states of the
interstate compact for the supervision of adult offenders established in section 31-467,
subsection B.
F. County monies in the adult probation services fund shall be used in accordance
with the fiscal policies and procedures established by the board of supervisors.
12-268 Juvenile probation fund; use
A. The board of supervisors shall designate a chief fiscal officer who shall
establish and administer a juvenile probation fund consisting of:
1. County general fund appropriations for juvenile probation.
2. Court information cost monies received pursuant to section 8-134, subsection L.
3. State appropriations for juvenile probation, except monies in the juvenile
probation services fund established by section 8-322 and except monies in the court
appointed special advocate fund established by section 8-524, but including:
(a) Monies for juvenile probation officers authorized by section 8-203.
(b) Monies for state aid for juvenile probation services authorized by this
article.
(c) Monies for family counseling services established by title 8, chapter 2,
article 5.
(d) Monies for juvenile intensive probation services established by title 8,
chapter 3, article 4.
4. Probation fees collected pursuant to section 8-321, subsection N for community
based alternative programs or diversion programs administered by the juvenile court.
5. Probation fees collected pursuant to section 8-341.
6. Federal monies provided for juvenile probation services.
7. Juvenile probation monies from any other source.
B. The chief fiscal officer shall establish and maintain separate accounts in the
fund showing receipts and expenditures of monies from each source listed in subsection A
of this section. The presiding juvenile judge of the superior court shall annually
present to the board of supervisors for approval a detailed expenditure plan for the
juvenile probation services fund accounts. Any modifications to the expenditure plan
affecting state appropriations shall be made in accordance with the rules and procedures
established by the supreme court. Any modifications to the expenditure plan affecting
county appropriated funds shall be made in accordance with the policies established by
the county. The chief fiscal officer shall disburse monies from the fund accounts only
at the direction of the presiding juvenile judge of the superior court. The chief fiscal
officer, on or before August 31 of each year for the preceding fiscal year, shall submit
an annual report to the supreme court showing the total amount of receipts and
expenditures in each account of the juvenile probation services fund.
C. The state monies in the juvenile probation services fund shall be used in
accordance with guidelines established by the supreme court or the granting authority.
D. State monies expended from the juvenile probation services fund shall be used to
supplement, not supplant, county appropriations for the superior court juvenile probation
department.
E. County monies in the juvenile probation services fund shall be used in
accordance with the fiscal policies and procedures established by the board of
supervisors.
12-281 Oath; bond; salary; prohibition
A. The clerk of the superior court shall take the oath of office and give a bond in
the sum of five thousand dollars conditioned upon the faithful performance of the duties
of that office and the payment of all monies to the person entitled to receive them. The
bond is subject to approval by the presiding superior court judge.
B. In counties having a population of five hundred thousand or more persons, as
determined by the latest preceding federal decennial census, the annual salary of the
clerk of the superior court is seventy-six thousand six hundred dollars until modified.
C. In counties having a population of less than five hundred thousand persons, as
determined by the latest preceding federal decennial census, the annual salary of the
clerk of the superior court is sixty-three thousand eight hundred dollars until modified.
D. The annual salary of the clerk of the superior court shall be reviewed by the
commission on salaries for elective state officers pursuant to section 41-1903.
E. The clerk of the superior court and the clerk's deputies are prohibited from
practicing law or forming a partnership with an attorney-at-law. This subsection does not
prohibit the clerk or the clerk's employees from providing to the public, including
litigants, information regarding documents routinely filed with the clerk. 12-282 Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information
A. The clerk shall keep custody at the county seat, and shall take charge of and
safely keep and dispose of according to court rules all books, papers and records which
may be filed or deposited in custody.
B. The clerk may destroy all documents, records, instruments, books, papers,
depositions, exhibits and transcripts in any action or proceeding in the superior court,
or otherwise filed or deposited in custody pursuant to rules established by the supreme
court.
C. The clerk shall notify the director of the ARIZONA state library, archives and
public records of records designated for destruction and shall provide these records to
the director pursuant to court rules.
D. A photographic or electronic reproduction or image of any of the records
described in this section, which has been certified by the clerk in charge of such
reproduction or imaging 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. A
state or local agency shall accept any of the records under this subsection as a
registration of a record or a procedure if the agency receives the record from the clerk
of the superior court through electronic transmission and the electronically reproduced
document states that the copy received is a full, true and correct copy of the original
on file with the clerk of the court.
E. The clerk may produce an abstract of marriage in lieu of a reproduction of the
recorded marriage license. An abstract of marriage shall include the name of the bride at
the time of the marriage, the name of the groom, the date of the marriage and the date on
which the marriage license was recorded.
F. Any voucher filed in support of an account by a trustee, a personal
representative or any litigant may be withdrawn if a certified copy is retained on file.
Pursuant to court rules the clerk may destroy the voucher or, if requested to do so, may
deliver the voucher to the trustee, personal representative or litigant. No notification
is necessary prior to destruction of such vouchers.
G. Records destroyed pursuant to section 8-343 are exempt from this section.
H. Beginning on October 1, 1998, the clerk shall provide information on both
parents and each child in a child support case to the child support case registry
established pursuant to section 46-442. The information shall be in a format prescribed
by the department of economic security and shall include the following:
1. The full name of each parent and child.
2. The social security number or any other uniform identification numbers of each
parent and child.
3. The date of birth of each parent and child.
4. Any case identification number.
5. Any other information required by the United States secretary of health and
human services.
I. The clerk shall provide the information required in subsection H of this section
for child support cases with a support order established, modified or registered in this
state on or after October 1, 1998. The clerk shall provide the information to the child
support case registry established pursuant to section 46-442 within ten days after the
order is entered or the information is updated. The information shall be provided by
electronic, magnetic or other means as prescribed by the department of economic security.
12-283 Powers and duties
A. The clerk, in addition to the other duties prescribed by law or rule of court,
shall:
1. Attend each session of the court held in the county.
2. Keep a list of fees charged in actions.
3. Keep books of record required by law or rule of court.
B. The clerk may provide a consumer reporting agency, as defined in title 44,
chapter 11, article 6 with a copy of:
1. A court order obligating a person to pay child support or spousal maintenance.
2. An order for assignment under section 25-323 or 25-504.
C. A clerk who provides the information in subsection B of this section to a
consumer reporting agency shall also provide the information to the child support
enforcement administration in the department of economic security.
D. The clerk may, in accordance with procedures established by the board of
supervisors, appoint deputies, clerks and assistants necessary to conduct the affairs of
the office of the clerk. The appointments shall be in writing and shall be filed in the
office of the county recorder. The clerk shall be the appointing authority and shall
administer and supervise all employees of the clerk's office.
E. The clerk shall submit an annual budget request, which shall be coordinated with
the presiding judge, to the county board of supervisors. The clerk shall be responsible
for the funds appropriated by the board to the clerk.
F. The clerk shall maintain and provide access to court records in accordance with
applicable law or rule of court. The clerk shall keep a docket in the form and style as
prescribed by the supreme court.
G. The clerk is responsible for the operations of the clerk's office.
H. The clerk may provide programs to assist in the enforcement of child support,
spousal maintenance and parenting time and in the establishment and modification of child
support.
12-284.01 Document storage and retrieval conversion fund; purpose
A. A document storage and retrieval conversion fund for the clerk of the superior
court is established consisting of monies received pursuant to subsection C of this
section.
B. Except as provided in section 12-284.02, the clerk of the superior court shall
administer the fund. The clerk, in coordination with the presiding judge, shall expend
monies in the fund, subject to approval by the county board of supervisors, in order to
defray the cost of converting and maintaining the clerk's document storage and retrieval
system to micrographics or computer automation. The monies collected pursuant to section
12-284.02, subsection B shall be used to improve access to court records.
C. In addition to the filing or appearance fee charged pursuant to chapter 3,
article 2 of this title or section 12-1705, the presiding judge of the superior court may
assess each person required to pay a filing or appearance fee under such article or
sections an additional fee of not to exceed fifteen dollars. All monies received from
the additional fee pursuant to this subsection shall be transmitted to the county
treasurer and placed in the document storage and retrieval conversion fund for the clerk
of the superior court.
D. The clerk shall annually submit to the presiding judge the amount of projected
revenues to be raised for the document storage and retrieval conversion fund pursuant to
this section. If projected revenues of the fund are deemed insufficient to pay for
conversion costs, fund monies may accumulate until sufficient monies are available in the
fund.
12-284.02 Electronic filing and access; fee
A. The presiding judge of the superior court may provide for the electronic filing
of documents and electronic access to superior court records, pursuant to rules adopted
by the supreme court.
B. The presiding judge 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 superior court records. The clerk of the court shall
collect the fees and transmit them to the county treasurer who shall account for them
separately and deposit them in the document storage and retrieval conversion fund
established by section 12-284.01. The clerk of the court shall spend monies deposited in
the fund pursuant to this section to improve access to superior court records, in
coordination with the presiding judge of the superior court and the board of supervisors.
C. All filings that are made electronically pursuant to this section are subject to
the fees established pursuant to section 12-284.
12-284.03 Distribution of fees
A. Excluding the monies that are kept by the court pursuant to subsection B of this
section, the county treasurer shall transmit, distribute or deposit all monies received
from the clerk of the superior court pursuant to section 12-284, subsection K as follows:
1. 1.31 per cent to the state treasurer for deposit in the drug and gang
enforcement account established by section 41-2402 for the purposes of section 41-2402,
subsection H.
2. 8.87 per cent to the state treasurer for deposit in the domestic violence
shelter fund established by section 36-3002.
3. 1.93 per cent to the state treasurer for deposit in the child abuse prevention
fund established by section 8-550.01.
4. In the county law library fund established by section 12-305, either:
(a) 7.62 per cent if the county treasurer is serving in a county with a population
of more than five hundred thousand persons according to the most recent United States
decennial census.
(b) 15.30 per cent if the county treasurer is serving in a county with a population
of five hundred thousand persons or less according to the most recent United States
decennial census.
5. 0.35 per cent to the state treasurer for deposit in the alternative dispute
resolution fund established by section 12-135.
6. To the elected officials' retirement plan fund established by section 38-802,
either of the following percentages, which shall be distributed to the fund pursuant to
section 38-810:
(a) 23.79 per cent if the county treasurer is serving in a county with a population
of more than five hundred thousand persons according to the most recent United States
decennial census.
(b) 15.30 per cent if the county treasurer is serving in a county with a population
of five hundred thousand persons or less according to the most recent United States
decennial census.
7. 17.07 per cent to the state treasurer for deposit in the judicial collection
enhancement fund established by section 12-113.
8. 0.26 per cent to the state treasurer for deposit in the confidential
intermediary and fiduciary fund established by section 8-135.
9. In the county general fund, the following percentages:
(a) 31.29 per cent if the county treasurer is serving in a county with a population
of more than five hundred thousand persons according to the most recent United States
decennial census.
(b) 32.10 per cent if the county treasurer is serving in a county with a population
of five hundred thousand persons or less according to the most recent United States
decennial census.
B. 7.51 per cent of the monies transmitted, distributed or deposited pursuant to
subsection A of this section shall be kept and used by the court collecting the fees in
the same manner as the seven dollars of the time payment fee prescribed by section
12-116, subsection B. 12-284 Fees
A. Except as otherwise provided by law, the clerk of the superior court shall
receive fees classified as follows:
Class Description Fee
A Initial case filing fee
Tax case$115.00
Filing complaint or petition 115.00
Filing intervenor 115.00
Additional plaintiffs 115.00
Filing foreign judgment 115.00
Ownership of real property becomes an issue plaintiff115.00
Appellant
(except under sections 12-1809 and 13-3602) 115.00
Change of venue to this county 115.00
Petition for change of name 115.00
Filing a process server application 115.00
B Subsequent case filing fee
Filing answer or initial appearance$ 61.00
Additional defendants 61.00
Notice of appeal to appellate courts
(except under section 12-2107) 61.00
Cross-appeal by appellee (except under section 12-2107) 61.00
Ownership of real property becomes an issue defendant 61.00
Jurisdiction exceeded appellee
(within 20 days of filing) 61.00
Response to show cause that does one or more
of the following:
1. Requests affirmative relief or counterrelief
2. Attacks the sufficiency of process or the proceedings
3. Takes other affirmative action 61.00
C Initial case filing fee
Filing petition for annulment$ 91.00
Filing for dissolution/legal separation petition 91.00
Petition in formal testacy or appointment
proceeding 91.00
Application for informal probate or informal
appointment 91.00
Petition for supervised administration petition
to appoint guardian 91.00
Petition to appoint conservator or make other
protective order 91.00
Opposing petition in testacy or appointment
proceedings or appointment of guardian or
conservator 91.00
Single estate application or petition under
title 14, chapter 3, section 14-3938 91.00
Domestic relations case for which a fee is not
specifically prescribed 91.00
D Subsequent case filing fee
Filing answer to annulment$ 46.00
Filing for dissolution/legal separation answer 46.00
Any person opposing contested petition if no
prior payment made 46.00
Postadjudication petitions in
domestic relations cases 46.00
Postjudgment activities in probate cases 46.00
E Minimum clerk fee
Filing power of attorney$ 18.00
Change of venue to another county transmittal
fee 18.00
Change of venue to another county pursuant to
section 12-404 transmittal fee 18.00
Filing transcript and docketing judgment from
any courts 18.00
Issuance of writs of: attachment, execution,
possession, restitution, prohibition and
enforcement of order of judgment-garnishment 18.00
Certified copy or abstract of marriage
application or license 18.00
Filing oath and bond of notary public 18.00
Certificate of correctness of copy of record 18.00
Justice of peace certificate 18.00
Notary public certificate 18.00
Each certificate of clerk to any matter in
clerk's record not specifically provided 18.00
Filing any paper or performing any act for which
a fee is not specifically prescribed 18.00
Subpoena - (civil) 18.00
Research in locating a document (per year or
source researched) 18.00
Exemplification (per certification) 18.00
Authentication (per certification) 18.00
Seal a court file 18.00
Reopen a sealed court file 18.00
Retrieve bank records 18.00
Reel of film alpha index per year (plus per page
fee below) 18.00
Payment history report 18.00
Certification under one document certification 18.00
Civil traffic appeal 18.00
F Per page fee
Making copies (on appeal and on request)
per page$ .50
Making extra copies per page .50
Making photographic or photostatic copies
per page .50
Comparison fee of papers furnished by applicant
per page .50
Alpha index per page .50
G Special fees
Small claim tax case$ 15.00
Marriage license and return of a
marriage license 50.00
Postage and handling 5.00
Notary services 5.00
Stop payment on check 10.00
B. The clerk of the superior court shall receive the fees prescribed in subsection
A of this section for the following services:
1. Making copies of papers and records required to be made by the clerk on appeal,
and copies of papers and records in the clerk's office made on request in other cases,
for each legal size page of original.
2. Making extra copies of the papers and records mentioned in paragraph 1 of this
subsection, required or requested for each page of copy of such papers and records.
3. In a clerk's office, in which a photographic or photostatic method of recording
is used or is available for use in cooperation with other public offices, preparing
copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or
fraction of a page of copy. Portions of several pages of records may be combined in one
page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of
the recorded marriage license. The fee shall apply to matters whether recorded in such
office by longhand, typing, electronic, photographic or photostatic methods. The fees for
copies are exclusive of the fees for certification or authentication.
4. Issuing a certificate as to official capacity of a notary public or justice of
the peace and affixing a seal to the certificate.
5. Each subpoena issued in a civil proceeding or filing any paper or performing any
act for which a fee is not specifically prescribed by law, but the clerk shall not charge
for the clerk's services in administering the oath in connection with any affidavit,
petition, letters or other pleading or document which, after administration of the oath
therefor, is promptly filed by the clerk and becomes a part of a case or matter of record
in the office of the clerk.
C. In addition to the fees required by subsection A of this section, the clerk
shall charge and collect a surcharge of fifteen dollars for each filing of a
postadjudication petition in a domestic relations case for which a fee presently is
charged under class D in subsection A of this section. The surcharge shall be used
exclusively to fund domestic relations education and mediation programs established
pursuant to section 25-413. Each month the clerk shall transmit the monies the clerk
collects pursuant to this subsection to the county treasurer for deposit in the domestic
relations education and mediation fund established by section 25-413.
D. Excluding the monies that are collected pursuant to subsection C of this
section, each month the clerk shall transmit seventy-five per cent of the monies
collected for subsequent case filing fees for postadjudication petitions in domestic
relations cases under class D in subsection A of this section to the county treasurer for
deposit in the expedited child support and parenting time fund established pursuant to
section 25-412. The remaining twenty-five per cent of the monies collected pursuant to
this subsection shall be distributed pursuant to section 12-284.03.
E. At the commencement of each action for annulment, dissolution of marriage, legal
separation, maternity or paternity, the petitioner shall pay to the clerk of the court
the initial case filing fee for the action provided in subsection A of this section. At
the time of filing a response, the respondent shall pay to the clerk of the court the
subsequent case filing fee for the action provided in subsection A of this section. In
each county where the superior court has established a conciliation court, the petitioner
and respondent shall each pay to the clerk a sixty-five dollar fee. The monies from the
additional fee shall be used to carry out the purposes of the conciliation court pursuant
to title 25, chapter 3, article 7.
F. In garnishment matters:
1. A fee shall not be charged for filing an affidavit seeking only the release of
exempt wages.
2. A fee shall not be charged for filing a garnishee's answer, for filing a
judgment against the garnishee or for the issuance or return of process incident to such
a judgment.
3. For any contest relating to or any controversion of a garnishment matter, unless
the contesting party has paid an appearance fee in that cause, the required appearance
fee shall be paid, except that the garnishee shall not pay a clerk's fee.
G. A person who is cited to appear and defend an order to show cause shall not be
charged an appearance fee. The person may stipulate to or consent to the entry of an
order without the payment of an appearance fee. An appearance fee shall be paid if the
person is present in person or by an attorney and does one or more of the following:
1. Requests affirmative relief or counterrelief.
2. Attacks the sufficiency of process or the proceedings.
3. Takes other affirmative action.
H. A petitioner shall not be charged a fee for requesting an order of protection
pursuant to section 13-3602 or an injunction against harassment pursuant to section
12-1809. A defendant shall not be charged an answer fee in an order of protection action
if the defendant requests a hearing pursuant to section 13-3602, subsection I or in an
injunction against harassment action if the defendant requests a hearing pursuant to
section 12-1809, subsection H.
I. A person who files a registrar's order pursuant to section 32-1166.06 shall not
be charged a fee.
J. The clerk of the court shall charge and collect a forty-six dollar filing fee
for a petition for emancipation of a minor filed pursuant to chapter 15 of this title.
Each month the clerk shall transmit the monies the clerk collects pursuant to this
subsection to the county treasurer for deposit in the emancipation administrative costs
fund established by section 12-2456.
K. Except for monies that are collected pursuant to subsections C, D, E and J of
this section, the clerk of the superior court shall transmit monthly to the county
treasurer all monies collected pursuant to this section for distribution or deposit
pursuant to section 12-284.03. 12-285 Refusal of clerk to disburse fine or forfeiture; classification
A clerk of the superior court who receives a fine or forfeiture and knowingly fails
or refuses to pay or disburse it according to law within thirty days after receipt
thereof, is guilty of a class 2 misdemeanor.
12-286 Investment of deposits; definition
A. The clerk of the superior court may invest monies received in trust in interest
bearing savings accounts or certificates of deposit in banks or savings and loan
associations doing business in this state whose accounts are insured by the federal
deposit insurance corporation or the federal savings and loan insurance
corporation. Deposits in excess of the insured amount shall be secured by the depository
as prescribed in section 35-323.
B. Interest earned on investments made pursuant to this section shall be deposited
in the county general fund.
C. The clerk of the superior court shall establish an accounting system for all
monies received in trust which are invested in interest bearing savings accounts or
certificates of deposits pursuant to this section.
D. If the county has established a county attorney victim compensation fund
pursuant to section 11-538, on the fifteenth day of each month the clerk of the superior
court shall transmit seventy-five per cent of the interest earned on restitution monies
that are received in trust as prescribed by subsection F, paragraph 4 of this section and
that accumulated in the previous month and seventy-five per cent of the interest earned
on juvenile restitution monies that are received in trust as prescribed by subsection F,
paragraph 5 of this section and that accumulated in the previous month to the county
treasurer for deposit in the county attorney victim compensation fund.
E. If the county has established a clerk of the superior court victim location fund
pursuant to section 12-287, on the fifteenth day of each month the clerk of the superior
court shall transmit twenty-five per cent of the interest earned on restitution monies
that are received in trust as prescribed by subsection F, paragraph 4 of this section and
that accumulated in the previous month and twenty-five per cent of the interest earned on
juvenile restitution monies that are received in trust as prescribed by subsection F,
paragraph 5 of this section and that accumulated in the previous month to the county
treasurer for deposit in the clerk of the superior court victim location fund.
F. In this section, "monies received in trust" means monies received in a fiduciary
capacity by the clerk including all of the following:
1. Civil trust monies.
2. Dissolution sale of proceeds monies.
3. Probate and guardianship trust monies.
4. Criminal bonds and restitution.
5. Juvenile restitution.
6. Habeas corpus trust monies.
7. Mental incompetent trust monies.
8. Adoption trust monies.
9. Condemnation bonds.
10. Support monies.
12-287 Clerk of the superior court victim location fund; exemption from lapsing
A. The board of supervisors may establish a clerk of the superior court victim
location fund in the county treasury consisting of monies that are distributed pursuant
to section 12-286, subsection E. The clerk of the superior court in cooperation with the
board of supervisors shall administer the fund.
B. The clerk of the superior court shall use monies in the fund to either:
1. Locate victims of crime whose restitution monies are being held by the clerk of
the superior court.
2. Notify the county treasurer in writing to transfer monies from the fund to the
county attorney victim compensation fund.
C. The clerk of the superior court shall annually submit to the board of
supervisors the fund balance and the amount of revenues that the clerk projects will be
available in the fund for the next fiscal year.
D. Monies in the fund shall be used to supplement, not supplant, monies that would
otherwise be allocated to the clerk for the purpose of locating victims of crime.
E. Any monies in the fund remaining unexpended and unencumbered at the end of the
fiscal year do not revert to the county general fund.
12-288 Removal of debts from accounting system
The clerk of the superior court may remove from the clerk's accounting system all or
part of any debt due to the clerk as prescribed by section 12-284, subsection A if the
clerk does all of the following:
1. Bills the debtor at least four times.
2. Submits the debt for collection to a collection agency licensed pursuant to
title 32, chapter 9 and waits at least one year while the agency attempts collection.
3. Reports the debt to a credit bureau.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Sends to the administrator of the funds or account prescribed in section
12-284.03 a written report of all of the debts proposed to be removed from the clerk's
accounting system. The clerk shall send the report by certified mail. The report shall
include all of the following:
(a) The amount of the debt and the date it was incurred.
(b) The name of the debtor.
(c) The reason for proposing the removal.
6. Waits thirty days from the date the clerk sends the report pursuant to paragraph
5 of this section and does not receive an objection from the administrator of the funds
or account prescribed in section 12-284.03.
12-289 Spousal maintenance enforcement enhancement fund; surcharge
A. The spousal maintenance enforcement enhancement fund is established for the
clerk of the superior court consisting of monies received pursuant to subsection B of
this section. The clerk of the superior court shall administer the fund. Subject to the
approval of the board of supervisors and in coordination with the presiding judge, the
clerk shall spend monies in the fund to enhance enforcement of spousal maintenance
orders.
B. In addition to the fees required by section 12-284, subsection A, the clerk
shall charge and collect a surcharge of five dollars for each filing of a petition or an
answer for annulment, dissolution of marriage or legal separation. The clerk shall use
this surcharge only for the purposes prescribed in this section.
12-298 Appointment of family law referee or court commissioner; compensation; qualifications; duties; powers; procedures
A. Notwithstanding section 12-213 family law referees or court commissioners shall
be appointed by the presiding judge of the superior court in each county to provide for
the expeditious establishment and enforcement of support orders brought pursuant to title
25, chapter 5, article 1 and chapter 9, article 10 of this title and actions that are
additionally brought pursuant to the ARIZONA state plan for support collection under the
requirements of title IV-D of the social security act (42 United States Code section
651). Family law referees or court commissioners need not be appointed in counties which
have received expedited process waivers pursuant to 42 United States Code section 666
(a)(2).
B. Reasonable compensation for family law referees shall be fixed by the presiding
judge.
C. The family law referees or court commissioners shall conduct hearings in
assigned matters dealing with the establishment and enforcement of support obligations
brought under the ARIZONA state plan for support collection pursuant to the requirements
of title IV-D of the social security act (42 United States Code section 651). The powers
of a family law referee are those granted to a master under rule 53, ARIZONA rules of
civil procedure. Court commissioners shall have authority to hear and determine matters
arising under this subsection or subsection A of this section in addition to the powers
granted to court commissioners under rules of the supreme court.
D. The family law referee shall prepare a report on the matters submitted to him
consisting of written findings and recommendations. The family law referee shall not
ordinarily be required to file with his report a transcript of the proceedings but shall
make sufficient findings of fact in his report to justify the recommendations made to the
court. The family law referee shall file the report with the clerk of the court along
with the original exhibits. The clerk shall provide a copy of the report to all parties.
E. The family law referee may make recommendations of a reasonable amount of child
support, using factual findings and applicable support guidelines. The family law
referee may make findings regarding support arrearages owed. The family law referee may
make recommendations regarding the method and manner of payment, imposition of assignment
of earnings or periodic entitlements, or other matters or remedies involved in the
establishment or enforcement of support obligations. Unless objection is timely made,
the court may accept the family law referee's findings and recommendations and make its
order in accordance with them.
F. Either party may file written objections to the findings and recommendations of
the family law referee within fifteen days after being served with them. The objecting
party shall provide notice for a hearing on the objection as prescribed in rule 6(c),
ARIZONA rules of civil procedure. The court shall accept the findings of fact of the
family law referee unless they are clearly erroneous. The court, after a hearing, may
adopt the report, modify it in whole or in part, receive further evidence or recommit it
with instructions.
G. If a party does not appear before the family law referee after appropriate
service, the family law referee may proceed ex parte or may cause a notice to be served
on that party of the intent to recommend judgment on the pleadings. Service of such
notice shall be by regular mail to the last known address of the party and is deemed
complete on mailing. The notice shall advise the nonappearing party that he has fifteen
days from the date of mailing to appear or otherwise object to entry of judgment on the
pleadings. The court may enter judgment on the pleadings on recommendation of the family
law referee if the party does not appear within fifteen days after notice.
12-299.01 Submission of plan; use of monies; prohibitions
A. Subject to available monies, the supreme court shall allocate monies to the
superior court in a participating county to establish and operate community punishment
programs.
B. The presiding judge of the superior court in each county desiring to participate
in the community punishment program prescribed in this article may prepare a plan
pursuant to guidelines issued by the supreme court. The plan shall be submitted to the
supreme court. The supreme court guidelines shall require that the plan include programs
and services which:
1. Enhance the adult probation services system by developing additional probation
conditions, programs and services for offenders placed on supervised probation and
intensive probation.
2. Provide programs, services and increased supervision, surveillance and control
to special probation populations.
3. Promote accountability of offenders to their local community by requiring
financial restitution to victims of crimes or community work service to local governments
and community agencies.
4. Reduce the number of felony offenders committed by the superior court to county
jails by ordering strict terms of control, supervision and correctional treatment as
conditions of supervised probation and intensive probation.
5. Maintain safe and cost effective community punishment programs which emphasize
supervision, surveillance and control of offenders.
6. Encourage the involvement of local officials and interested citizens in
developing local community punishment programs.
7. Promote the development of community punishment programs and services which are
tailored to the specific needs of the superior court in each participating county.
C. The plan shall include a proposed budget necessary to implement and operate the
plan. All monies provided shall be used to supplement monies currently used for
community based sentencing and adult probation programs and services.
D. Monies may be used to develop or expand the range of community punishment
programs and services at the local level. Programs and services may include the
following:
1. Noncustodial programs and services which involve supervision and surveillance
but do not involve housing the offender in a jail or residential facility. Examples
include community work service supervision, victim restitution supervision, house arrest,
electronic monitoring, victim-offender reconciliation or mediation, alcohol or drug abuse
outpatient treatment and psychological or psychiatric counseling.
2. Community residential programs which involve supervision in a residential
setting. Examples include restitution centers, halfway houses, detoxification centers,
inpatient drug or alcohol treatment and emergency shelters.
3. Individualized services which evaluate the special needs of the population
served under this article. Services to the court to assist in the evaluation and
screening of eligible offenders may include purchasing psychological, medical,
educational or vocational services, drug or alcohol urine screening and a plan for
diagnostic evaluations of specific clients. Other services which may be purchased on an
individualized basis include job training, alcohol or drug counseling, individual or
family counseling, literacy training and education, high school equivalency and
transportation subsidies. These services are intended to supplement and enhance the
local adult probation system and to enable felony offenders to be treated near their
homes.
E. Community punishment monies may be used to implement victims' rights programs
and services, case classification and supervision strategies by funding additional
probation officers to personally interview victims and witnesses, conduct presentence
investigations and supervise reduced case loads of select felony offenders.
F. Community punishment monies may be used to acquire, renovate and operate
community based facilities established to provide the programs and services set forth in
subsections B and D.
G. The presiding judge of the superior court may enter into agreements with
qualified private human services agencies for the provision of any or all of these
programs and services.
H. Private human service agencies shall not use these monies to supplant existing
monies from this state or the local government for existing community sentencing programs
and services.
I. Monies shall not be used for the construction, renovation or operation of county
or municipal jails.
12-299.02 Community punishment advisory committee; duties
A. In the discretion of the presiding judge of the superior court, a community
punishment advisory committee may be appointed before submitting a plan under this
article.
B. If a community punishment advisory committee is appointed pursuant to this
article, the advisory committee shall:
1. Be composed of at least five members, not more than one-half of whom shall be
appointed from the disciplines of law enforcement, corrections, education, mental health,
victim services, social services or probation and at least one-half of whom shall be
other citizens having an interest in and knowledge of the criminal justice system.
2. Have a chairman and vice-chairman appointed by the presiding judge of the
superior court.
3. Operate subject to guidelines and procedures established by the supreme court.
C. The advisory committee shall perform the following duties:
1. Assess community-wide sentencing needs and advise the presiding judge regarding
specific programs and services.
2. Review the proposed local plan and make recommendations to the presiding judge.
3. Monitor the effectiveness of local community punishment programs and services
and advise the presiding judge regarding needed modifications.
4. Inform and educate the general public regarding the need for community
punishment programs.
5. Make a report on a periodic basis to the presiding judge on the status and
effectiveness of community punishment programs and services.
D. An advisory committee initially established pursuant to this article shall
receive an orientation developed and conducted by the presiding judge with the assistance
of the supreme court and the adult probation department.
E. The chief adult probation officer shall provide staff assistance to the advisory
committee.
12-299.03 Duties of the supreme court; evaluation
A. The supreme court shall:
1. Implement and administer the community punishment program.
2. Adopt necessary guidelines, rules, standards and policies to implement this
article.
3. Facilitate the development of local plans.
4. Develop and implement an application process and procedures.
5. Review and approve plans and budgets.
6. Allocate funding.
7. Provide statewide training and technical assistance to the superior court, adult
probation departments and advisory committees regarding community punishment.
8. Conduct an evaluation of all programs on a periodic basis to ensure program
accountability. The evaluation report shall include information for the superior court in
each participating county on the number of offenders serving suspended sentences on
probation and intensive probation, the average cost per offender, the amount of
restitution, fines and fees paid, the number of community restitution hours contributed
by offenders and the number of offenders who have successfully completed terms of
probation. The report shall be submitted to the governor, the speaker of the house of
representatives and the president of the senate. The supreme court may contract with a
private consultant to prepare this evaluation report.
B. The supreme court may contract directly with private human service agencies to
develop, implement and operate community punishment programs. 12-299.04 Budget requests
The presiding judge of the superior court shall annually submit a proposed budget
for the following fiscal year for the community punishment program to the supreme
court. The supreme court shall review and analyze each county budget and include the
requests in its annual budget request along with costs necessary for the supreme court to
administer the program.
12-299.05 Administrative personnel
The supreme court may employ such personnel as it deems necessary to carry out this
article.
12-299 Definitions
In this article, unless the context otherwise requires:
1. "Advisory committee" means a local community punishment advisory committee
appointed by the presiding judge of the superior court.
2. "Application process and procedures" means the criteria and guidelines developed
by the supreme court for establishing community punishment plans, granting monies for
programs authorized by this article and monitoring and reviewing programs funded under
this article.
3. "Community punishment" means programs for persons placed on supervised probation
or intensive probation which are established pursuant to this article and provide for
increased conditions of probation and community based programs and services that
emphasize supervision, surveillance, control, public protection, community work service,
restitution and victims' rights and that provide opportunities for rehabilitation and
treatment.
4. "Community punishment plan" means a document which is prepared by the presiding
judge of the superior court and submitted to the supreme court pursuant to the
requirements set forth in the application process and procedures.
5. "Private human services agency" means a nonprofit or for profit organization
which provides treatment, housing or other services to individuals, families or groups.
6. "Renovation" means the repair, remodeling, alteration or expansion of existing
buildings or structures to make them habitable or suitable for program
operations. Renovation includes the acquisition and installation of necessary initial
equipment.
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