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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Justices of the Peace and Other Courts Not of Record
Chapter : MUNICIPAL COURTS
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22-401 Municipal court defined
The term " municipal court" as used in this title includes city or town magistrates'
courts and all other courts established by law in incorporated cities and towns.
22-402 Establishment and jurisdiction
A. In each city or town incorporated under the general laws of this state, there
shall be a municipal court.
B. Every court established pursuant to subsection A, and every court established in
a city incorporated under the provisions of title 9, chapter 2, article 5 or incorporated
under the provisions of a special act or charter, has jurisdiction of all cases arising
under the ordinances of the city or town, and has jurisdiction concurrently with justices
of the peace of precincts in which the city or town is located, of violations of laws of
the state committed within the limits of the city or town.
C. Notwithstanding subsections A and B and in lieu of establishing or maintaining a
municipal court, a city or town may enter into an intergovernmental agreement as
authorized by title 11, chapter 7, article 3 to provide the services of a municipal
court, including the jurisdiction of all cases arising under the ordinances of the city
or town, with either:
1. A justice of the peace in whose jurisdiction the city or town is located and the
county in which the city or town is located.
2. Another city or town located within the same county as the city or town.
22-403 Presiding officer of municipal court; appointment; compensation; justice of the peace as magistrate
A. The presiding officer of the municipal court shall be a magistrate, who shall be
selected in a manner provided by the charter or ordinances of the city or town. The
magistrate shall receive such compensation as provided by the governing body of the city
or town.
B. A justice of the peace in the city or town shall be eligible to the office of
magistrate without thereby forfeiting his office as justice of the peace.
22-404 Disposition of fines and forfeitures
A. All fines and forfeitures that are collected in a municipal court maintained by
a city or town that pays the salaries of the municipal court officers shall be paid to
the treasurer of the city or town in which the court is located.
B. Except as otherwise provided by law, fees for the municipal court shall be
established and classified as follows:
Class Description Fee
E Minimum clerk fee $ 17.00 Research in locating a document 17.00 Record duplication 17.00
F Per page fee Copies of any documents per page $ 0.50
C. Excluding the monies that are kept by the court pursuant to subsection D of this
section, the municipal court shall monthly transmit all monies that are collected
pursuant to subsection B of this section to the city or town treasurer. The city or town
treasurer shall distribute or deposit all of the monies received pursuant to this
subsection as follows:
1. 19.18 per cent to the state treasurer for deposit in the judicial collection
enhancement fund established by section 12-113.
2. 72.51 per cent to the city or town general fund.
D. 8.31 per cent of the monies transmitted pursuant to subsection C 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.
E. A city or town may establish and assess fees for court programs and services.
22-405 Collection of fines
A. A municipal court may enforce the collection of monies owed to the municipal
court for delinquent fines, fees, sanctions, penalties and restitution through execution
or another appropriate process. The action shall be filed in the municipal court and
shall be conducted in the same manner as civil actions in justice of the peace courts.
B. A peace officer may serve writs or other process that are issued pursuant to
this section. The peace officer shall abide by the procedure for service of process that
is established by court rule.
22-406 Civil action to recover penalty; procedure
The city or town may maintain a civil action in the municipal court for the recovery
of a penalty or forfeiture provided for the violation of an ordinance. The action shall
be brought and conducted as civil actions in justice of the peace courts.
22-407 Failure to make payment or disbursement of fines or forfeitures received; classification
A presiding officer of a municipal court who knowingly receives a fine or forfeiture
and knowingly fails or refuses or neglects to pay or disburse it according to law within
thirty days after receipt thereof, is guilty of a class 2 misdemeanor.
22-408 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 municipal court records, pursuant to rules adopted
by the supreme court, after consulting with the governing body of the city or town in
which the municipal court is located.
B. The presiding judge of the superior 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 municipal court records. The
municipal court shall collect the fees and transmit them to the city treasurer who shall
account for them separately. The municipal court shall spend monies collected by the
municipal court and deposited with the city treasurer pursuant to this section to
improve access to municipal court records and to pay for administrative costs related to
the improved access, subject to the approval of the presiding judge of the superior
court.
C. If the program established pursuant to this section requires any additional
expenditures by a governing body of a city or town, the presiding judge of the superior
court shall obtain approval of the additional expenditure from the governing body of the
city or town in which the municipal court is located.
D. The monies deposited in the city treasury pursuant to this section shall be
continually available for purposes consistent with the purposes of this section.
E. Monies deposited pursuant to this section shall supplement monies already
provided to the courts for purposes consistent with the purposes of this section.
F. All filings that are made pursuant to this section are subject to the fees
established pursuant to section 22-404.
22-421 Commencement of action; arrest or summons; examination of witnesses
A. Proceedings in the municipal court for violations of ordinances committed within
the corporate limits of the city or town shall be commenced by complaint under oath and
in the name of the state, setting forth the offense charged, with such particulars of
time, place, person and property as to enable the defendant to understand distinctly the
character of the offense complained of and to answer the complaint.
B. If the magistrate is satisfied that the offense complained of has been committed
by the person charged, he shall issue a summons or a warrant of arrest. Before issuing a
summons or warrant of arrest on a complaint, the magistrate may subpoena and examine
witnesses as to the truth of the complaint.
22-422 Docket
A docket shall be kept by the magistrate, in which there shall be entered each
action and proceedings of the court therein.
22-423 Procedure
The rules of criminal procedure for the superior court, including the provisions
regarding bail, issuance of subpoenas and punishment for disobedience thereof shall apply
to municipal courts so far as applicable and when not otherwise prescribed.
22-424 Bail; preparation of schedule; designation; civil deposits
A. The defendant, at any time after arrest, and before conviction, shall be
admitted to bail, if bailable.
B. The magistrate shall:
1. Prepare a schedule of traffic violations not involving the death of a person or
any felony traffic offense, listing specific bail for each violation.
2. Designate a deputy other than a law enforcement officer and a specific location
at which the deputy shall, during hours when the court is not open, set the amount of
bail in accordance with the foregoing schedule and collect such bail, or accept proper
bail bonds in lieu thereof, for and on behalf of the court.
C. The magistrate shall prepare a schedule of civil traffic violations, listing a
specific deposit for each violation. The magistrate shall designate a person, a specific
location and the hours which such person will be at the location to accept proper
deposits for civil traffic violations for and on behalf of the court.
22-425 Jury trials and appeals in municipal courts
A. In the trial of offenses for violation of ordinances of cities or towns of such
a nature as by the common law were not triable before a jury, no jury trial shall be
granted.
B. Either party may appeal from a municipal court to the superior court in the same
manner as appeals are allowed from justice of the peace courts.
22-426 Jury formation in municipal courts; optional procedure
A. Except for the substitute method allowed by section 21-331, subsection C,
incorporated cities and towns shall provide for the formation and summoning of juries in
the same manner as provided for in courts of record.
B. For the selection of potential jurors, lists of registered voters shall be
furnished by the county recorder or jury commissioner of the county wherein the municipal
court is located. In addition to the voters list, the municipal court shall use a list
of the names and addresses of all persons in the city who are at least eighteen years of
age and who have been licensed pursuant to title 28, chapter 8, article 4 or 5. Only
persons residing within the city limits are eligible for jury service in municipal court.
C. The drawing and disposition of names and the impaneling of juries shall be
accomplished in the same manner as in courts of record.
22-427 Authority of city or town magistrate
Notwithstanding any other provision of the law to the contrary, a city or town
magistrate may perform his duties as authorized by law without the corporate limits of
the city or town of which he is the magistrate pursuant to an intergovernmental agreement
authorized by title 11, chapter 7, article 3 or of the political subdivision in which a
regional jail facility is located, provided that any such regional jail facility shall be
created pursuant to a joint exercise of powers agreement authorized by title 11, chapter
7, article 3, in which the city or town is a participant.
22-428 Custody of records filed; purging; destruction
A. The magistrate shall keep in custody 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 municipal court may destroy all documents, records, instruments, books,
papers, depositions, exhibits and transcripts in any action or proceeding in the
municipal court or otherwise filed or deposited in custody pursuant to rules established
by the supreme court.
C. The magistrate or the magistrate's designee 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 shall have the opportunity in a time
prescribed by court rule to review and inspect these records. During this time period,
the state library may remove any of these records for storage and retrieval.
D. Subsection C does not apply if the director of the ARIZONA state library,
archives and public records has previously approved the destruction of records.
22-429 Judgment; imprisonment for fine; limitation; lien
A. When the defendant pleads guilty or is convicted either by the court or by a
jury, the court shall pronounce judgment on the plea or verdict. A sentence of fine,
imprisonment or both may be pronounced on the judgment.
B. If the court sentences the defendant to pay a fine, and the defendant fails to
comply with the order, the court, after a hearing, may order that the defendant receive
credit toward payment of the fine for jail time served at a minimum of one dollar of the
fine for each one day of imprisonment. The sentence shall not extend beyond the term of
imprisonment for which the defendant might be sentenced for the offense of which the
defendant has been found guilty.
C. A sentence that the defendant pay a fine, with or without the alternative of
imprisonment, shall constitute a lien in like manner as a judgment for money rendered in
a civil action.
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