USA Statutes : arizona
Title : Counties
Chapter : COUNTY OFFICERS
11-401 Enumeration of officers
A. The officers of the county are:
1. Sheriff.
2. Recorder.
3. Treasurer.
4. School superintendent.
5. County attorney.
6. Assessor.
7. Supervisors.
8. Clerk of the board of supervisors.
9. Tax collector.
B. The county treasurer shall be ex officio tax collector.

11-402 Qualifications
A person shall not be eligible for a county office, whether elective or appointive,
nor shall a certificate of election or commission issue to any person, unless he is, at
the time of his election or appointment, eighteen years of age or over, a resident of the
state, an elector of the county or precinct in which the duties of the office are to be
exercised and able to read and write the English language. The board of supervisors
shall be the sole judge of such qualifications, subject to review by certiorari in the
superior court.

11-403 Practice of law prohibited to certain officers; exceptions
A. The sheriff and constable and their deputies are prohibited from practicing law,
or forming a partnership with an attorney-at-law.
B. In a county of the first class having a population of sixty thousand or over, as
determined by the official census of the United States, the county attorney or his
deputies shall not engage in the private practice of law, except:
1. With consent of the board of supervisors, a special deputy county attorney may
be appointed upon a fee basis in like manner as a special assistant attorney general.
2. Deputy county attorneys may, but in no circumstances shall be required to,
represent private clients in pro bono, private civil matters under the following
circumstances:
(a) The representation will be conducted exclusively during off hours or while on
leave and the attorney will not receive any compensation for such services.
(b) The client is not seeking an award of attorney fees for the services.
(c) The services are for an individual in need of personal legal services who does
not have the financial resources to pay for the professional services or for a nonprofit,
tax exempt charitable organization formed for the purpose of providing social services to
individuals and families.
(d) The representation will not interfere with the performance of any official
duties.
(e) The subject matter of pro bono representation is outside of the area of
practice to which the attorney is assigned in the county attorney's office and the
activity will not appear to create a conflict of interest.
(f) The activity will not reflect adversely on this state, the county or any of
their agencies.
(g) The deputy county attorney's position will not influence or appear to influence
the outcome of any matter.
(h) The activity will not involve assertions that are contrary to the interest or
position of this state, the county or any of their agencies.
(i) The activity does not involve a criminal matter or proceeding or any matter in
which this state or the county is a party or has a direct or substantial interest.
(j) The activity will not utilize resources that will result in a cost to this
state, the county or any of their agencies.
(k) The attorney's supervisor may require the attorney to submit a prior written
request to engage in pro bono work which includes a provision holding the agency harmless
from any of the work undertaken by the attorney.

Notwithstanding any provision of law or rule to the contrary, representation by an
attorney of a pro bono client shall not disqualify the office from subsequently
participating in any action affecting the client.

11-404 Residence of county officers
The following officers shall reside within the county:
1. Judge of the superior court.
2. Treasurer and ex officio tax collector.
3. Clerk of the board of supervisors.
4. Sheriff.
5. Assessor.
6. County attorney.
7. Recorder.
8. School superintendent.
9. Public defender.

11-405 Limitations on absence of officer from state
A county officer shall not absent himself from the state for more than thirty days
without the consent of the board of supervisors.

11-406 Term of office
A. County and precinct officers for whose election and term of office no other
provision is made, shall be elected at the regular general election and shall hold office
for a term of two years from the first day of January subsequent to their election.
B. One person only shall be elected to an office to which are attached other
offices ex officio.

11-407 Duties of successors to office
A. When the term of office for which an officer has been elected or appointed is
terminated by operation of law, death, resignation or removal, leaving unperformed any
duty imposed by law, the successor in office shall perform all acts and complete all
unfinished official business commenced by his predecessor.
B. The incoming sheriff shall execute certificates of sale or deeds of sales made
by his predecessor.

11-408 Consolidation of offices
Where offices are consolidated, the person elected or appointed to fill the offices
consolidated shall take the oath of office and give the bond required for each, discharge
the duties and receive the compensation of each office.

11-409 Deputies and employees; appointment
The county officers enumerated in section 11-401 may, by and with the consent of,
and at salaries fixed by the board, appoint deputies, stenographers, clerks and
assistants necessary to conduct the affairs of their respective offices. The
appointments shall be in writing, and filed in the office of the county recorder.

11-410 Use of county resources or employees to influence elections; prohibition
A. A county shall not use its personnel, equipment, materials, buildings or other
resources for the purpose of influencing the outcomes of elections. Notwithstanding this
section, a county may distribute informational reports on a proposed bond election as
provided in section 35-454. Nothing in this section precludes a county from reporting on
official actions of the county board of supervisors.
B. Employees of a county shall not use the authority of their positions to
influence the vote or political activities of any subordinate employee.
C. Nothing contained in this section shall be construed as denying the civil and
political liberties of any employee as guaranteed by the United States and ARIZONA
Constitutions.

11-411 Performance of duties at place other than county seat; record filing
When, in the opinion of the chief officer of any county office, the public interest
requires the performance of any duties of the office at a place other than the county
seat, the duties may be performed at such place by a duly appointed and qualified deputy
of the county officer, in the same manner, and with like effect as if performed at the
county seat. Records of all duties so performed shall be filed in the office of the
county officer at the county seat.

11-412 Seals for certain officers
The board of supervisors, treasurer and recorder shall each have a seal of office
bearing the name of the county and the office.

11-413.01 Permissive five-day week
A. The board of supervisors in any county, in lieu of the provisions of section
11-413, may provide by resolution that county offices shall be open for the transaction
of business each day from Monday through Friday only, if the board deems that service to
the public will not be impaired thereby.
B. The resolution adopted by the board shall provide that every county office shall
be open, except on legal holidays, for the transaction of business from Monday through
Friday, and shall establish a nine-hour period between the hours of eight o'clock a.m.
and six o'clock p.m. during which such offices shall remain open; provided that the
criminal division of the sheriff's office shall be open at all times.

11-413 Office hours
A. Every county officer in counties of the first and second class, except the
sheriff, shall, except on legal holidays, keep his office open for the transaction of
business from nine o'clock a.m. to five o'clock p.m. each day from Monday through Friday,
and from nine o'clock a.m. to one o'clock p.m. on Saturday.
B. The criminal division of the sheriff's office shall be open at all times.
C. In counties of the third class, every county officer shall, except on legal
holidays, keep his office open for the transaction of business from nine o'clock a.m. to
twelve o'clock noon, and from one o'clock p.m. to five o'clock p.m. each day from Monday
through Friday, and from nine o'clock a.m. to one o'clock p.m. on Saturday.

11-414 Monthly statement of fees earned; disposition of fees
A. County and precinct officers entitled to receive or collect fees, except
notaries public, shall file on the first day of the month an itemized statement of all
fees earned during the last month in the conduct of their official duties with the clerk
of the board and the county treasurer, and all fees earned, as shown by the statement,
shall be paid into the county treasury at the time of filing the statement.
B. The sheriff of a county in which prisoners of the United States are received or
kept shall in like manner pay into the county treasury the money received therefor.

11-416 Liability for failure to collect and remit fees
Every salaried county or precinct officer failing to collect the prescribed fees and
pay them into the county treasury is liable to the county therefor.

');11-419 County salaries
A. In counties having a population of five hundred thousand or more persons, as determined by the latest preceding federal decennial census, beginning January, 2005, the following annual salaries shall be paid to county officers:

       Officer                                           Annual Salary       Attorney                                              $109,450      Assessor                                                67,800      Recorder                                                67,800      Sheriff                                                 89,225      Superintendent of schools                               67,800      Supervisor                                              67,800      Treasurer                                               67,800 

B. In counties having a population of less than five hundred thousand persons, as determined by the latest preceding federal decennial census, beginning January, 2005, the following annual salaries shall be paid to county officers:

       Officer                                           Annual Salary       Attorney                                              $109,450      Assessor                                                56,500      Recorder                                                56,500      Sheriff                                                 89,225      Superintendent of schools                               56,500      Supervisor                                              56,500      Treasurer                                               56,500 

C. Each of the officers named in subsections A and B, other than the board of supervisors and the county attorney, may appoint a chief deputy who shall receive an annual salary agreed upon by the board of supervisors and the officer appointing the deputy. D. The county attorney shall devote full time to the county attorney's official duties and shall not engage in the private practice of law. The county attorney shall appoint a chief deputy who shall receive an annual salary agreed upon by the board of supervisors and the officer appointing the chief deputy. E. In any county included under subsection B, a chief deputy county attorney shall not be appointed unless authorized by the board of supervisors who may authorize or prohibit the chief deputy from engaging in the private practice of law. The annual salary of the chief deputy shall be in an amount agreed upon by the county attorney and the board of supervisors. F. In case of a vacancy in office of any elected county officer included in subsections A and B, the salary of the person appointed to fill such vacancy shall be the same for the balance of the unexpired term as that being paid the previous officeholder. 11-422 Salary of clerk of the board
A. The board of supervisors in each county shall appoint a clerk and determine his
salary.
B. A clerk of a board of supervisors shall not be paid compensation other than the
salary determined by the board but the clerk may be reimbursed for his actual necessary
expenses incurred in the performance of his duties.

11-424.01 Salaries of precinct officers other than justices of the peace; definition
A. At the regular June meeting of the several boards of supervisors preceding a
general election, the boards shall fix the salaries of all precinct officers, other than
justices of the peace, for those officers to be elected for the four-year period
commencing on the first day of the following January.
B. In precincts with an average of no more than one hundred total civil cases on
file over the previous four years, the constables shall receive annual salaries of not
more than fifteen thousand dollars.
C. In precincts with an average of more than one hundred total civil cases on file
over the previous four years, the constables shall be paid as follows:
1. In precincts with fewer than ten thousand registered voters, annual salaries of
not more than twenty-three thousand five hundred dollars.
2. In precincts with ten thousand or more registered voters but fewer than twelve
thousand registered voters, annual salaries of not less than twenty-nine thousand four
hundred thirty-seven nor more than thirty-six thousand one hundred dollars.
3. In precincts with twelve thousand or more registered voters but fewer than
sixteen thousand registered voters, annual salaries of not less than thirty-six thousand
one hundred nor more than forty-five thousand eight hundred twenty-five dollars.
4. In precincts with sixteen thousand or more registered voters, annual salaries of
not less than forty-eight thousand two hundred ninety-four nor more than fifty-five
thousand six hundred fifty-four dollars.
D. The board of supervisors shall determine, subject to subsections B and C, the
salary of a constable appointed to fill a vacancy caused otherwise than by expiration of
term. Nothing in this subsection shall be deemed to authorize an increase or decrease in
the salary during the term of office of a constable appointed to fill a vacancy.
E. As used in this section, "registered voter" means a qualified elector of a
precinct who is registered on June 1 of each year.

11-424.02 Receipt of salary by justices of the peace; affidavit; pending and undetermined causes; violation; classification
A. A justice of the peace or a justice of the peace pro tempore shall not receive
his salary unless such justice either certifies that no cause before such justice 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
justice of the peace 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
justice of the peace or a justice of the peace pro tempore knowing that, pursuant to this
section, such justice should not receive his salary is guilty of a class 3 misdemeanor.

11-441 Powers and duties
A. The sheriff shall:
1. Preserve the peace.
2. Arrest and take before the nearest magistrate for examination all persons who
attempt to commit or who have committed a public offense.
3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections
which may come to the knowledge of the sheriff.
4. Attend all courts, except justice and police courts, when an element of danger
is anticipated and attendance is requested by the presiding judge, and obey lawful orders
and directions issued by the judge.
5. Take charge of and keep the county jail, including a county jail under the
jurisdiction of a county jail district, and the prisoners therein.
6. Endorse upon all process and notices the year, month, day, hour and minute of
reception, and issue to the person delivering it, on payment of fees, a certificate
showing the names of the parties, title of paper and time of reception.
7. Serve process and notices in the manner prescribed by law and certify under the
sheriff's hand upon the process or notices the manner and time of service, or if the
sheriff fails to make service, the reasons for failure, and return them without
delay. When returnable to another county, the sheriff may enclose such process or
notices in an envelope, addressed to the officer from whom received, and deposit it
postage prepaid in the post office. The return of the sheriff is prima facie evidence of
the facts stated in the return.
8. Secure, as soon as possible, the home of a deceased person located outside the
boundaries of an incorporated city or town if the sheriff is unable to determine or
locate the heirs or executor of the deceased person.
B. The sheriff may in the execution of the duties prescribed in subsection A,
paragraphs 1 through 4 command the aid of as many inhabitants of the county as the
sheriff deems necessary.
C. The sheriff shall conduct or coordinate within the county search or rescue
operations involving the life or health of any person, or may assist in such operations
in another county at the request of that county's sheriff, and may request assistance
from any persons or agencies in the fulfillment of duties under this subsection.
D. The sheriff may, in the execution of the duties prescribed in this section,
request the aid of volunteer posse and reserve organizations located in the county.
E. The sheriff may assist in the execution of the duties prescribed in this section
in another county at the request of that county's sheriff.
F. The sheriff may require any prisoner who is on work release to reimburse the
county for reasonable expenses incurred in connection with the release.

11-442 Ranger deputies; appointment and compensation
By and with the advice and consent of the board of supervisors, the sheriff may
appoint ranger deputies whose compensation shall be fixed by the board, not to exceed one
hundred twenty-five dollars per month for each deputy for salary and expenses
incurred. Every ranger deputy shall provide and keep at his own expense a means of
travel to be used by him in the discharge of his duty.

11-443 Vacancy in office
When a vacancy occurs in the office of sheriff the chief deputy shall execute the
office until the vacancy is filled.

11-444 Expenses of sheriff as county charge; expense fund
A. The sheriff shall be allowed actual and necessary expenses incurred by the
sheriff in pursuit of criminals, for transacting all civil or criminal business and for
service of all process and notices, and such expenses shall be a county charge, except
that the allowable expenses of service of process in civil actions shall be as provided
in section 11-445.
B. The board shall, at the first regular meeting in each month, set apart from the
expense fund of the county a sum sufficient to pay the estimated traveling and other
expenses of the sheriff during the month, which shall be not less than the amount paid
for the expenses for the preceding month. The sum so set apart shall thereupon be paid
over to the sheriff for the payment of such expenses.
C. At the end of each month the sheriff shall render a full and true account of
such expenses, and any balance remaining unexpended shall be paid by the sheriff into the
county treasury. If the sum so paid over is insufficient to pay the expenses incurred
during the month, the excess shall be allowed and paid as other claims against the
county.

11-445 Fees chargeable in civil actions by sheriffs, constables and private process servers; authority of private process servers; background investigation; constables' logs
A. The sheriff shall receive the following fees in civil actions:
1. Serving each true copy of the original summons in a civil suit, sixteen dollars,
except that the sheriff shall not charge a fee for service of any document pursuant to
section 13-3602 or any injunction against harassment pursuant to section 12-1809 if the
court indicates the injunction arises out of a dating relationship.
2. Summoning each witness, sixteen dollars.
3. Levying and returning each writ of attachment or claim and delivery, forty-eight
dollars.
4. Taking and approving each bond and returning it to the proper court when
necessary, twelve dollars.
5. Endorsing the forfeiture of any bond required to be endorsed by him, twelve
dollars.
6. Levying each execution, twenty-four dollars.
7. Returning each execution, sixteen dollars.
8. Executing and returning each writ of possession or restitution, forty-eight
dollars plus a rate of forty dollars per hour per deputy for the actual time spent in
excess of three hours.
9. Posting the advertisement for sale under execution, or any order of sale, twelve
dollars.
10. Posting or serving any notice, process, writ, order, pleading or paper required
or permitted by law, not otherwise provided for, sixteen dollars.
11. Executing a deed to each purchaser of real property under execution or order of
sale, twenty-four dollars.
12. Executing a bill of sale to each purchaser of real and personal property under
an execution or order of sale, when demanded by the purchaser, sixteen dollars.
13. For services in designating a homestead or other exempt property, twelve
dollars.
14. For receiving and paying money on redemption and issuing a certificate of
redemption, twenty-four dollars.
15. Serving and returning each writ of garnishment and related papers, forty
dollars.
16. For the preparation, including notarization, of each affidavit of service or
other document pertaining to service, eight dollars.
B. The sheriff shall also collect the appropriate recording fees if applicable and
other appropriate disbursements.
C. The sheriff may charge:
1. Fifty-six dollars plus disbursements for any skip tracing services performed.
2. A reasonable fee for storing personal property levied on pursuant to title 12,
chapter 9.
D. For traveling to serve or on each attempt to serve civil process, writs, orders,
pleadings or papers, the sheriff shall receive two dollars forty cents for each mile
actually and necessarily traveled but, in any event, not to exceed two hundred miles, nor
to be less than sixteen dollars. Mileage shall be charged one way only. For service made
or attempted at the same time and place, regardless of the number of parties or the
number of papers so served or attempted, only one charge for travel fees shall be made
for such service or attempted service.
E. For collecting money on an execution when it is made by sale, the sheriff and
the constable shall receive eight dollars for each one hundred dollars or major portion
thereof not to exceed a total of two thousand dollars, but when money is collected by the
sheriff without a sale, only one-half of such fee shall be allowed. When satisfaction or
partial satisfaction of a judgment is received by the judgment creditor after the sheriff
or constable has received an execution on the judgment, the commission is due the sheriff
or constable and is established by an affidavit of the judgment creditor filed with the
officer. If the affidavit is not lodged with the officer within thirty days of the
request, the commission shall be based on the total amount of judgment due as billed by
the officer and may be collected as any other debt by that officer.
F. The sheriff shall be allowed for all process issued from the supreme court and
served by the sheriff the same fees as are allowed the sheriff for similar services upon
process issued from the superior court.
G. The constable shall receive the same fees as the sheriff for performing the same
services in civil actions, except that mileage shall be computed from the office of the
justice of the peace originating the civil action to the place of service.
H. Private process servers duly appointed or registered pursuant to rules
established by the supreme court may serve all process, writs, orders, pleadings or
papers required or permitted by law to be served prior to, during or independently of a
court action, including all such as are required or permitted to be served by a sheriff
or constable, except writs or orders requiring the service officer to sell, deliver or
take into the officer's custody persons or property, or as may otherwise be limited by
rule established by the supreme court. A private process server is an officer of the
court. As a condition of registration, the supreme court shall require each private
process server applicant to furnish a full set of fingerprints to enable a criminal
background investigation to be conducted to determine the suitability of the
applicant. The completed applicant fingerprint card shall be submitted with the fee
prescribed in section 41-1750 to the department of public safety. The applicant shall
bear the cost of obtaining the applicant's criminal history record information. The cost
shall not exceed the actual cost of obtaining the applicant's criminal history record
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 federal criminal records check. A private process server may charge
such fees for services as may be agreed upon between the process server and the party
engaging the process server.
I. Constables shall maintain a log of work related activities including a listing
of all processes served and the number of processes attempted to be served by case
number, the names of the plaintiffs and defendants, the names and addresses of the
persons to be served except as otherwise precluded by law, the date of process and the
daily mileage.
J. The log maintained in subsection I of this section is a public record and shall
be made available by the constable at the constable's office during regular office hours.
Copies of the log shall be filed monthly with the clerk of the justice court and with the
clerk of the board of supervisors.
11-446 Payment of fees into county treasury
The sheriff shall pay into the county treasury, on the first Monday of each month,
all fees and mileage earned and collected by him.

11-447 Service of process regular on its face
A sheriff or other ministerial officer is justified in the execution of, and shall
execute all process and orders regular on their face and issued by competent authority,
whatever may be the defect in the proceedings upon which they were issued.

11-448 Duty to show process

The officer executing process shall then, and so long as he retains it, upon
request, show a conformed copy of the process, with all papers attached, to any
interested person.


11-449 Liability relating to writs, levies or sales
If a sheriff neglects to make due return of a writ or paper delivered to him to be
served or executed, or is guilty of any misconduct in the service or execution thereof,
he is liable to the party aggrieved for damages sustained, and, in addition, for a
penalty of two hundred dollars. If the sheriff to whom a writ of execution is delivered
neglects or refuses, after demand by the creditor, to levy upon or sell property of the
party named in the writ which is subject to levy or execution, he is liable to the
creditor for the value of the property.

11-450 Effect of directions of party upon liability of sheriff in execution of process
No direction or authority by a party to a sheriff in respect to the execution of
process or return thereof, or to any act or omission relating thereto, shall discharge or
excuse the sheriff from liability for neglect or misconduct, unless in writing and signed
by the party or his attorney.

11-451 Proceedings upon failure to pay over money
If a sheriff or deputy fails to pay over to the county, according to law, any money
collected or received by the sheriff or deputy for the county, or fails to pay over to
the person entitled thereto any money collected or received by the sheriff or deputy by
virtue of the sheriff's or deputy's office, the county attorney of the county, or such
person entitled thereto, may proceed against the sheriff or deputy in the superior court,
by an order to show cause why the sheriff or deputy should not pay over the money. Upon
the hearing, the court may order the sheriff or deputy to pay to the county or person the
amount found due, with not to exceed twenty-five per cent thereof as damages for the
failure, together with the costs of the proceeding. Upon failure to comply with the
order the sheriff or deputy may be committed to jail as for contempt. When the sheriff
is so committed, and remains committed for sixty days, the sheriff's office is vacant.


11-452 Survival of action against deceased sheriff
Any action for the malfeasance, misfeasance or nonfeasance of a sheriff or his
deputies may be prosecuted against the personal representative of the sheriff in like
manner as if the cause of action survived at common law.

11-454 Service on sheriff
Service of a paper, other than process, upon the sheriff may be made by delivering
it to him or to one of his deputies, or to a person in charge of the office during office
hours. When the sheriff is a party to an action or proceeding, the process and orders
therein, which it would otherwise be the duty of the sheriff to execute, shall be
executed by a constable, or a person appointed by the court.

11-455 Employment of prisoners; work projects
The sheriff may employ prisoners, inside or outside the county jail, who have been
sentenced to imprisonment in the county jail to such labor or occupation as he deems
necessary, including, but not limited to, agricultural work projects or the production of
articles needed for construction, operation, maintenance or use of a county department,
office, institution or agency.

11-456 Delivery of property and papers to successor; return of executed process
A. The sheriff shall deliver to his successor in office:
1. The jail of the county, or of a county jail district, with all its
appurtenances, and all the property of the county therein.
2. All prisoners then confined in the jail.
3. All process, commitments or other papers or documents in his custody authorizing
or relating to the confinement of the prisoners, and if any process has been returned, a
statement in writing of the contents thereof and when returned.
4. All writs and other original process, and all documents for the summoning of a
grand or petit jury, then in his hands which have not been fully executed by him.
5. All executions, attachments and final process, and all property in his hands or
possession by virtue of the levy of any writ.
B. Upon such delivery, the former sheriff shall execute in duplicate an instrument
reciting the property, process, documents and prisoners delivered, specifying
particularly the process or other authority by which each prisoner was committed and is
detained, and whether such process or authority is returned or delivered to the new
sheriff. The instrument shall be delivered to the new sheriff, who shall in writing upon
the duplicate copy, acknowledge receipt of the property, process, documents and prisoners
therein specified, and shall deliver the duplicate and acknowledgment to the former
sheriff.
C. The former sheriff shall return in his own name all original process,
attachments and executions which he has fully executed.

11-457 Refusal to deliver property or papers to successor
If a former sheriff neglects or refuses to deliver to his successor the jail,
process, documents and prisoners in his charge, as required by section 11-456, the
successor may take possession of the jail, take custody of the prisoners therein
confined, and may compel the delivery of the process and documents in the manner provided
by law.

11-458 Refusal by sheriff to pay or disburse fine or forfeiture received; classification
A sheriff who receives a fine or forfeiture and knowingly fails or refuses to pay or
disburse it according to law within thirty days after the receipt thereof, is guilty of a
class 2 misdemeanor.

11-459.01 County prisoner complaints to entities; procedure
A. If a county operates a facility that provides medical and health services to
inmates and the facility has been accredited by the national commission on correctional
health care or the American correctional association, the board of supervisors of that
county may require that a prisoner under the supervision of the county sheriff's office
exhaust all internal grievance procedures before filing a complaint with any regulatory
entity regulating health professions as defined in section 32-3101.
B. If a prisoner files a complaint with an entity pursuant to subsection A of this
section, the prisoner shall attach a copy of the county sheriff's office final grievance
response to the complaint. 11-459 Prisoner work, community restitution work and home detention program; eligibility; monitoring; procedures; home detention for persons sentenced for driving under the influence of alcohol or drugs; community restitution work committee; members; duties
A. The sheriff may establish a prisoner work, community restitution work and home
detention program for eligible sentenced prisoners, which shall be treated the same as
confinement in jail and shall fulfill the sheriff's duty to take charge of and keep the
county jail and prisoners.
B. A prisoner is not eligible for a prisoner work, community restitution work and
home detention program if any of the following applies:
1. After independent review and determination of the jail's classification program,
the prisoner is found by the sheriff to constitute a risk to either himself or other
members of the community.
2. The prisoner has a past history of violent behavior.
3. The prisoner has been convicted of a serious offense as defined by section
13-604 or has been determined to be a dangerous and repetitive offender.
4. Jail time is being served as a result of a felony conviction.
5. The sentencing judge states at the time of the sentence that the prisoner may
not be eligible for a prisoner work, community restitution work and home detention
program.
6. The prisoner is sentenced to a county jail and is being held for another
jurisdiction.
C. For prisoners who are selected for the program, the sheriff may require
electronic monitoring in the prisoner's home whenever the prisoner is not at his regular
place of employment or while the prisoner is assigned to a community work task. If
electronic monitoring is required, the prisoner shall remain under the control of a home
detention device that constantly monitors the prisoner's location in order to determine
that the prisoner has not left his premises. In all other cases, the sheriff shall
implement a system of monitoring using visitation, telephone contact or other appropriate
methods to assure compliance with the home detention requirements. The sheriff may place
appropriate restrictions on prisoners in the program, including testing prisoners for
consumption of alcoholic beverages or drugs or prohibiting association with individuals
who are determined to be detrimental to the prisoner's successful participation in the
program.
D. If a prisoner is placed on electronic monitoring pursuant to subsection C of
this section, the prisoner shall pay an electronic monitoring fee in an amount ranging
from zero to full cost and thirty dollars per month while on electronic monitoring,
unless, after determining the inability of the prisoner to pay these fees, the sheriff
assesses a lesser fee. The fees collected shall be used by the sheriff to offset
operational costs of the program.
E. Prisoners who are selected for the home detention program shall be employed in
the county in which they are incarcerated. The sheriff shall review the place of
employment to determine whether it is appropriate for a home detention prisoner. If the
prisoner is terminated from employment or does not come to work, the employer shall
notify the sheriff's office. Alternatively, or in addition, a community restitution work
assignment may be made by the sheriff to a program recommended to the sheriff by the
community restitution work committee. If a prisoner is incapable of performing community
restitution or being employed, the sheriff may exempt the prisoner from these programs.
F. The sheriff may require that a prisoner who is employed during the week also
participate in community restitution work programs on weekends.
G. The sheriff may allow prisoners to be away from home detention for special
purposes, including church attendance, medical appointments or funerals. The standard for
review and determination of such leave is the same as that implemented to decide
transportation requests for similar purposes made by prisoners confined in the county
jail.
H. Community restitution work shall include public works projects operated and
supervised by public agencies of this state or counties, cities or towns on
recommendation of the community restitution work committee and approval of the sheriff.
The community restitution work committee may also recommend and the sheriff may approve
other forms of community restitution work sponsored and supervised by public or private
community oriented organizations and agencies.
I. The community restitution work committee is established in each county and is
composed of two designees of the sheriff, a representative of the county attorney's
office selected by the county attorney, a representative of a local police agency
selected by the police chief of the largest city in the county and three persons selected
by the county board of supervisors from the private sector. A sheriff's designee shall
serve as committee chairman and schedule all meetings. The committee shall meet as often
as necessary, but no less than once every three months, for the purpose of considering
and recommending appropriate community restitution work projects for home detention
prisoners. The committee shall make its recommendations to the sheriff. Members are not
eligible to receive compensation.
J. At any time the sheriff may terminate a prisoner's participation in the prisoner
work, community restitution work and home detention program and require that the prisoner
complete the remaining term of the prisoner's sentence in jail confinement.
K. If authorized by the court, a person who is sentenced pursuant to section
28-1381 or 28-1382 shall not be placed under home detention in a prisoner work, community
restitution work and home detention program except as provided in subsections L through Q
of this section.
L. By a majority vote of the full membership of the board of supervisors after a
public hearing and a finding of necessity a county may authorize the sheriff to establish
a home detention program for persons who are sentenced to jail confinement pursuant to
section 28-1381 or 28-1382. If the board authorized the establishment of a home
detention program, a county sheriff may establish the program. A prisoner who is placed
under the program established pursuant to this subsection shall bear the cost of all
testing, monitoring and enrollment in alcohol or substance abuse programs unless, after
determining the inability of the prisoner to pay the cost, the court assesses a lesser
amount. The county shall use the collected monies to offset operational costs of the
program.
M. If a county sheriff establishes a home detention program under subsection L of
this section, a prisoner must meet the following eligibility requirements for the
program:
1. The provisions of subsection B of this section apply in determining eligibility
for the program.
2. If the prisoner is sentenced under section 28-1381, subsection I, the prisoner
first serves a minimum of twenty-four consecutive hours in jail.
3. Notwithstanding section 28-1387, subsection C, if the prisoner is sentenced
under section 28-1381, subsection K or section 28-1382, subsection D or F, the prisoner
first serves a minimum of fifteen consecutive days in jail before being placed under home
detention.
4. The prisoner is required to comply with all of the following requirements for
the duration of the prisoner's participation in the home detention program:
(a) All of the provisions of subsections C through H of this section.
(b) Testing at least once a day for the use of alcoholic beverages or drugs by a
scientific method that is not limited to urinalysis or a breath or intoxication test in
the prisoner's home or at the office of a person designated by the court to conduct these
tests.
(c) Participation in an alcohol or drug program, or both. These programs shall be
accredited by the department of health services or a county probation department.
(d) Prohibition of association with any individual determined to be detrimental to
the prisoner's successful participation in the program.
(e) All other provisions of the sentence imposed.
5. Any additional eligibility criteria that the county may impose.
N. If a county sheriff establishes a home detention program under subsection L of
this section, the court, on placing the prisoner in the program, shall require electronic
monitoring in the prisoner's home and, if consecutive hours of jail time are ordered,
shall require the prisoner to remain at home during the consecutive hours ordered. The
detention device shall constantly monitor the prisoner's location to ensure that the
prisoner does not leave the premises. Nothing in this subsection shall be deemed to waive
the minimum jail confinement requirements under subsection M, paragraph 2 of this
section.
O. The court shall terminate a prisoner's participation in the home detention
program and shall require the prisoner to complete the remaining term of the jail
sentence by jail confinement if either:
1. The prisoner fails to successfully complete a court ordered alcohol or drug
screening, counseling, education and treatment program pursuant to subsection M,
paragraph 4, subdivision (c) of this section, section 28-1381, subsection J or L or
section 28-1382, subsection E or G.
2. The prisoner leaves the premises during a time that the prisoner is ordered to
be on the premises without permission of the court or supervising authority.
P. At any other time the court may terminate a prisoner's participation in the home
detention program and require the prisoner to complete the remaining term of the jail
sentence by jail confinement.
Q. The sheriff may terminate the program at any time.
R. A person who is sentenced pursuant to section 28-1383 shall not be placed under
home detention in a prisoner work, community restitution work and home detention program.
11-461 Recording instruments; keeping records; identification; location
A. The recorder shall have custody of and shall keep all records, maps and papers
deposited in the recorder's office.
B. The recorder shall record separately, in typewriting, in a legible hand or by
use of photostatic or photographic machines or by a system of microphotography, all
instruments or writings required or authorized by law to be recorded. In a like manner,
the recorder shall record any other instrument offered for recording provided the
instruments meet the requirements of section 11-480.
C. The recorder may accept a digitized image of a recordable instrument for
recording if it is submitted by a title insurer or title insurance agent as defined in
section 20-1562, by a state chartered or federally chartered bank insured by the federal
deposit insurance corporation, by an active member of the state bar of ARIZONA, by an
agency, branch or instrumentality of the federal government or by a governmental entity
and the instrument from which the digitized image is taken conforms to all applicable
laws relating to the recording of paper instruments.
D. Instruments shall be recorded consecutively as of the time they are
received. The recorder shall affix to each instrument, either by hand or in a digitized
form, a notation or notations sufficient to provide:
1. A record identification to uniquely identify each instrument and to fix its
position within the sequence of recordings.
2. A record location to enable each instrument to be retrieved for purposes of
inspection.
E. Instruments may be recorded in docket books, in separate record books or in
suitable containers, if the location of each instrument can be determined from notations
both on the instrument and in the appropriate index. Reference to any recorded
instrument may be made by the record location without further description.
F. Any reference to docket and page, or book and page, or similar indication means
the record location as notated on each recorded instrument.


11-462 Enumeration of indices
A. Every recorder shall keep indices to the instruments that have been
recorded. There shall be at least one entry in the indices for each instrument recorded
and this entry shall show at least the date of recording, the docket and page number
where recorded, the grantor or the equivalent, if any, and the grantee or the equivalent,
if any.
B. The recorder may elect to keep some or all of the indices by categories
according to the type of instrument. In this case, he must establish at least the
following categories in which each instrument shall be indexed both by the grantor or the
equivalent and by the grantee or the equivalent: conveyances of real property,
mortgages, releases of mortgages, miscellaneous, leases, secured transactions,
assignments of mortgages and leases, governmental liens, nongovernmental liens,
attachments, judgments, and agreements. In addition the recorder, under this option,
shall maintain at least the following additional categories: powers of attorney, official
bonds, executions, lis pendens, mine location notices and partnerships.
C. The recorder may elect to keep some or all of the indices by grantor and by
grantee. In this case, the entry in the indices for each instrument shall also include a
description or code indicating the type of instrument recorded.
D. No other provisions of law shall prevent a recorder from indexing as specified
in this section.

11-463 Manner of keeping indices
A. The recorder may keep single or multiple indices of official records. The
indices may be kept in distinctly marked volumes or may be stored by electronic or other
storage and retrieval media.
B. The names of the grantor or the equivalent or the grantee or the equivalent in
the several indices which are kept in volumes shall be arranged in alphabetical order.
C. Indices which are recorded or generated by computer shall have adequate
safeguards for the preservation and integrity of the indices and shall allow for
reasonable access by the public.

11-464 Master forms
A. On presentation, the recorder shall record master forms in the official records,
indexing the forms in such manner that they can be easily located.
B. A recorded master form, or a numbered portion of a master form, may be
incorporated by reference in any subsequent recorded instrument. If the entire form is
not applicable, the reference shall state which portion or portions are to be included.
C. Any instrument which references a recorded master form shall contain an
acknowledgment by the person executing the instrument that he has received a copy of the
recorded master form or applicable portion of it as part of the instrument which he is
executing.
D. This section does not affect contractual relations of parties to any
transaction.

11-465 Discharge papers of service personnel
The recorder shall record without fee the discharge papers of officers and enlisted
personnel of the military and naval forces of the United States. Information contained in
the military service record DD-214 or its equivalent shall not be disclosed to the
general public if stored in electronic format. The county recorder shall provide access
to a military service record DD-214 or its equivalent only to an official of the United
States, a claimant or the guardian, attorney or personal representative of a claimant as
needed in accordance with section 39-122 to be used in connection with a claim for a
pension, an allotment, an allowance, compensation, insurance or other benefits that is to
be presented to a department or bureau of the United States government.


11-466 Certified copies of judgments affecting real property
The recorder shall file and record with the record of deeds, grants and transfers,
certified copies of final judgments partitioning or affecting the title to or possession
of real property, any part of which is located in the county.

11-468 Place of recording instrument
When any instrument is authorized or required by law to be recorded, it shall be
recorded, unless otherwise expressly provided, in the office of the county recorder of
the county in which the property or thing, or part thereof, affected by the instrument is
located, but if only personal rights are affected thereby, then in the county where the
parties thereto reside.

11-469 Time instrument deemed recorded; certificate; copies
A. An instrument shall be considered recorded from the time it is accepted for
record, as provided by sections 11-461 and 11-480. The recorder shall certify every
instrument so recorded, indicating the hour, day, month and year of recording and the
record identification of the instrument. When the instrument is recorded the recorder
shall return it to the party designated in the instructions. If no such instructions are
given, the instrument shall be returned to the party who presented it for recording.
B. The recorder upon demand shall make and deliver certified copies of instruments
recorded in his office.

11-470 Receipt for instrument
When an instrument authorized by law to be recorded is deposited in the recorder's
office for record, the recorder shall give to the person depositing the instrument, if
required, a receipt specifying the particulars thereof.

11-471 Manner of recording
The recorder shall, without delay, record each instrument authorized to be recorded
which is deposited with him for record, except where otherwise provided, with the
acknowledgments, proofs, affidavits and certificates thereon, and other papers thereto
annexed, in the order and as of the time when they are deposited for record, by entering
them for record word for word and letter for letter, and the hour, day, month and year
when the instrument recorded was deposited in his office for record.

11-472 Keeping of blotter
A. The recorder shall keep a blotter in which shall be entered as soon as
reasonably possible after every instrument is accepted for the record the nature of every
instrument filed or recorded, the parties thereto or affected thereby, the time it was
accepted for the record and the fee paid for the filing or recording.
B. Until the information pertaining to an instrument accepted for the record has
been entered on the blotter, as required by subsection A, the instrument, a copy of the
instrument or a record of the instrument must be available to the public for inspection
and copying from and after the time it has been accepted for the record. The instrument,
a copy of the instrument or a record of the instrument which is available to the public
for inspection and copying shall disclose the information required by subsection A.

11-473 Inspection of records
All books of record and indices in the recorder's office, and all instruments and
papers on file therein, shall during office hours be open for inspection by any person,
and may be inspected without charge. The recorder shall arrange the books of record and
indices, or copies of the books and indices, in his office in suitable places to
facilitate their inspection.

11-474 Copies of records; certification
A. The recorder shall, upon the application and payment of the fees provided
therefor, make copies of instruments recorded or filed in his office and furnish a
certificate stating:
1. The names of the parties to the instrument.
2. The dates thereof.
3. The book and page or record location number of the recording.
B. In lieu of attaching the certificate the recorder may affix a recorder
certification stamp and seal directly to the record copy.

11-475.01 Document storage and retrieval conversion and maintenance fund; purpose
A. A document storage and retrieval conversion and maintenance fund is established
in each county consisting of monies received pursuant to subsection C.
B. The board of supervisors shall administer the fund and, in cooperation with the
county recorder, expend monies in the fund in order to defray the cost of converting the
county recorder's document storage and retrieval system to micrographics or computer
automation. Monies in the fund may only be used for purchasing hardware and software,
training employees to operate the system, maintaining the system, purchasing equipment
maintenance agreements and updating the system hardware or software for the county
recorder's office. Monies in the fund shall not be expended for expenses other than for
the support of the county recorder's automation system. If the expenditures are
determined by the auditor general to be improper and inconsistent with this section, the
county general fund shall reimburse the document storage and retrieval conversion and
maintenance fund for all improper and inconsistent expenditures.
C. In addition to any other fee charged pursuant to this article, the board of
supervisors may assess a special recording surcharge of not to exceed four dollars for
each instrument, paper or notice filed with the county recorder. All monies received
pursuant to this subsection shall be transmitted to the county treasurer and placed in
the document storage and retrieval conversion and maintenance fund.
D. The county recorder shall annually submit to the board of supervisors the amount
of projected revenues to be raised for the document storage and retrieval conversion and
maintenance 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.

11-475 Fees; exemption
A. The county recorder shall receive the following fees:
1. Recording papers required or authorized by law to be recorded, if the fee is not
otherwise specified in this section, five dollars for the first five pages plus one
dollar for each additional page. In no case shall the charge for additional pages exceed
two hundred fifty dollars.
2. Recording papers to which the United States, the state or a political
subdivision thereof, including cities, towns and irrigation, drainage and electrical
districts, is a party, when recorded at the request of the United States, the state or
such political subdivision, three dollars for the first five pages, plus fifty cents for
each additional page, such fee to apply only if the fee is to be paid from public
monies. Those fees due the county recorder from the state for recording papers may be
paid on a monthly basis.
3. Preparing and certifying copies of a record in the recorder's office, one dollar
for each page or partial page. In addition for attaching the recorder's certificate and
seal, three dollars.
4. Issuing a certificate pursuant to section 47-9523, ten dollars for each name,
plus one dollar for each financing statement or statement of assignment reported therein.
B. The standard fee shall be charged for the first indexing category indicated by
the caption of any instrument. Three dollars shall be charged for each additional
indexing category on the same instrument.
C. The standard fee shall be charged for the first assignment, partial assignment,
release, partial release or other modification of any instrument. Three dollars shall be
charged for each additional transaction on the same instrument.
D. Notwithstanding the provisions of subsection A, paragraph 3 of this section, the
recorder shall prepare and furnish copies and certifications at one-half of the
established fee when requested by any state agency for official purposes.
E. One dollar shall be charged for each instrument if the recorder is required to
deliver such instruments by mail. The fee collected pursuant to this subsection shall be
deposited into the county general fund.
F. The county recorder shall not receive a fee for performing the duties prescribed
by this section for an office, agency or department of the county where the document is
to be recorded. This exemption shall apply only when such fees would otherwise be paid
from public monies.
11-476 Preservation of county records; transcription and certification
A. When county records or indexes become defaced, worn or in a condition
endangering their preservation, the board of supervisors shall procure appropriate books
and require the recorder to transcribe such records and indexes with a standard permanent
black ink, provided, the recorder may choose otherwise to preserve the records as
provided in section 11-478 which procedure may be used in lieu of the provisions of this
section at the option of the recorder.
B. The books or records when transcribed or reproduced shall conform to the
original records as indexed. The designation of the transcribed books or records shall
not be changed from the original. They shall be compared to the original and when found
to be correctly transcribed or reproduced, the recorder and deputies transcribing,
verifying or reproducing them shall officially certify at the end of the record, with the
seal of the office affixed on the same page, the correctness of the transcriptions or
reproductions, reciting the number of pages in the book or record, from one to the
highest number.
C. Records so transcribed and certified shall be of the force and effect of the
original records.
D. This section shall apply to all records of the county recorders, boards of
supervisors and courts of record, including records of registration and official maps and
plats. The clerk of the court or board shall perform the duties required by this section
of the county recorder so far as such duties pertain to the records of their respective
offices.

11-477 Liability for neglect or misfeasance
If an instrument, proved or acknowledged according to law, or a paper or notice
which may by law be recorded, is delivered to the recorder for record, and he neglects or
refuses to perform the duties required of him by law relating to recording or filing
instruments and papers, or if he neglects or refuses to make the searches and to give the
certificate as required by this article, or if such searches or certificate are
incomplete and defective in any important particular, or if he alters, changes or
obliterates any record deposited in his office, or inserts any new matter therein, he is
liable to the party aggrieved for three times the amount of the damages which may be
occasioned by the neglect or refusal, or by the incompleteness or defect in the searches
and certificate.

11-478 Reproduction and microphotography of records
The county recorder may cause any or all files or records in his official custody to
be microphotographed or otherwise reproduced on film as in the case of original filings
or recordings or both. Every such reproduction shall be deemed and considered an
original, and a transcript, exemplification or reproduction thereof may be certified to
by the recorder in like manner as the original.

11-479 Destruction of records; requirements; exception
A. The county recorder may destroy, under the provisions of sections 41-1339,
41-1343, 41-1345, 41-1345.01 and 41-1346 through 41-1351, any or all of the filed papers
or record books created by handwriting, by typing on printed forms, by typewriting or by
photostatic or photographic methods in the recorder's official custody, except federal
tax lien notices, if all of the following conditions exist:
1. The record, paper or document is photographed or reproduced by any other method
under the direction and control of the county recorder on electronic media or film of a
type approved for permanent record by the ARIZONA state library, archives and public
records.
2. The device used to reproduce the record, paper or document on film or electronic
media is one which accurately and legibly reproduces the original in all details.
3. The photographs or other reproductions on film or electronic media are made as
accessible for public reference as the book records were.
4. A true copy of archival quality of such film or electronic media reproduction is
kept in a safe and separate place for security purposes.
B. No page of any record, paper or document shall be destroyed if any such page
cannot be reproduced on film or electronic media with full legibility. Every such
unreproducible page shall be permanently preserved in a manner that will afford easy
reference.

11-480 Requirements for form of instruments
A. Only an instrument which upon presentation to a county recorder for recordation
fails to meet any of the following conditions may be rejected for recordation at the time
of presentation for recordation:
1. Each instrument shall have a caption briefly stating the nature of the
instrument, such as warranty deed, release of mortgage and like captions. The county
recorder shall have no obligation to index any instrument under any subject index
category maintained by the county recorder unless that category is included in the
caption to the instrument.
2. Each instrument shall be an original or a copy of the original and shall be
sufficiently legible for the recorder to make certified copies from the photographic or
micrographic record.
3. Each instrument shall have original signatures except when otherwise provided by
law.
4. Each instrument dated and executed on or after January 1, 1991, shall be no
larger than eight and one-half inches in width and no longer than fourteen inches and
shall have a print size no smaller than ten point type.
B. Each instrument dated and executed on or after January 1, 1991, shall have at
least a one-half inch margin across the top, bottom and the left and right sides from the
top to the bottom. Any markings, entries or text which are within the one-half inch
margin shall be deemed not to impart the notice otherwise imparted by recordation unless
such markings, entries or text appear in the reproduction produced under the direction
and control of the county recorder. Failure to meet the one-half inch margin requirement
of this subsection may affect notice imparted by the document but shall not constitute
grounds for rejection for recordation pursuant to subsection A.
C. The first page shall have a top margin of at least two inches which shall be
reserved for recording information. The left three and one-half inches of the top margin
of the first page or sheet may be used by the public to show the name of the person
requesting recording and the name and address to which the document is to be returned
following recording. If the first page of the instrument does not comply with the top
margin requirements, a separate sheet that meets the requirements and that reflects the
title of the document as required by subsection A, paragraph 1 shall be attached to the
front of the document by the party requesting recording.
D. Any instrument presented to a county recorder for recordation which modifies in
any way the provisions of a previously recorded document must state the date of
recordation and the docket and page of the document being modified.
E. Any instrument accepted for recordation is not subject to a later claim of
invalidity for failure to comply with the requirements of this section.

11-481 Title and size prerequisites for recording maps and plats; recording fee; exception
A. All maps or plats presented for recording shall have a title that at least
indicates the type of map or plat, the name of the subdivision or a description of the
location of the area by section, township and range, the name of the owner of record of
the area being surveyed and a place for the recorder's information and seal block on the
sheet.
B. Any map or plat offered for recording that exceeds a size of eight and one-half
by fourteen inches shall be the original map legibly drawn on polyester or a copy
reproduced on polyester by a photographic silver imaging process or other method that
assures archival quality and is subject to the following restrictions:
1. A map or plat of a subdivision shall be on a sheet or sheets measuring
twenty-four by thirty-six inches, including a left margin of two inches and be drawn to
an accurate scale in at least eleven point type.
2. All other maps or plats shall be on a sheet or sheets measuring eighteen by
twenty-four inches or twenty-four by thirty-six inches, including a left margin of two
inches and drawn to an accurate scale in at least eleven point type.
C. The fee for recording any map or plat sheet exceeding eight and one-half by
fourteen inches shall be twenty dollars and shall be exclusive of the fees for recording
any documents to which the map or plat is attached or by which it is accompanied.
D. The fee for recording any map or plat sheet exceeding eight and one-half by
fourteen inches when recorded at the request of the United States, this state or a
political subdivision of this state is ten dollars and is exclusive of the fees for
recording any documents to which the map or plat is attached or by which it is
accompanied.
E. The requirements of this section do not apply to any map required to be recorded
by the director of water resources under title 45, chapter 2.
11-482 Incorporation by reference; legal descriptions
A. Any recorded instrument may be incorporated by reference in any subsequent
instrument. The reference shall specify the record location of the referenced instrument
and has the same effect as if the referenced instrument were reproduced in full where
reference to it is made.
B. If a subsequent transaction is not to be subject to, controlled by or otherwise
affected by every term of the referenced instrument, such intent must be stated. A
reference to one term incorporates only that term.
C. If a legal description sufficient to determine the physical location of real
property has been recorded, a reference by record location to the instrument containing
the description is a sufficient description of the real estate. The reference may be
made to maps or plats, surveys, deeds or any other recorded instrument but must contain
language indicating that only the legal description is to be incorporated in the
subsequent instrument.

11-483 Records maintained by county recorder; confidentiality; definitions

(L05, Ch. 243, sec. 1. Eff. 7/1/06)

A. Notwithstanding any other provision of this article, in any county a peace
officer, justice, judge, commissioner, public defender or prosecutor may request that the
general public be prohibited from accessing the unique identifier and the recording date
contained in indexes of recorded instruments maintained by the county recorder and may
request the recorder to prohibit access to that person's residential address and
telephone number contained in instruments or writings recorded by the county recorder and
made available on the internet.
B. A peace officer, justice, judge, commissioner, public defender or prosecutor may
request this action by filing an affidavit that states all of the following on an
application form developed by the administrative office of the courts in agreement with
an association of counties, an organization of peace officers and the motor vehicle
division of the department of transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. The position the person currently holds and a description of the person's
duties.
4. The reasons the person reasonably believes that the person's life or safety or
that of another person is in danger and that restricting access pursuant to this section
will serve to reduce the danger.
5. The document locator number and recording date of each instrument for which the
person requests access restriction pursuant to this section.
6. A copy of pages from each instrument that includes the document locator number
and the person's full legal name and residential address or full legal name and telephone
number.
C. If a peace officer, public defender or prosecutor is also requesting pursuant to
section 11-484 that the general public be prohibited from accessing records maintained by
the county assessor and county treasurer, the peace officer, public defender or
prosecutor may combine the request pursuant to subsection B of this section with the
request pursuant to section 11-484 by filing one affidavit with the officer's commanding
officer, or with the head of the prosecuting or public defender agency, as applicable, or
that person's designee. The affidavit and subsequent action by the appropriate
authorities shall meet all of the requirements of this section and section 11-484.
D. The affidavit shall be filed with the presiding judge of the superior court in
the county in which the affiant resides. To prevent a multiplicity of filings, a peace
officer, public defender or prosecutor shall deliver the affidavit to the peace officer's
commanding officer, or to the head of the prosecuting or public defender agency, as
applicable, or that person's designee, who shall file the affidavits at one time. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier presentation, the commanding officer, or the
head of the prosecuting or public defender agency, as applicable, or that person's
designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior
court shall file with the clerk of the superior court a petition on behalf of all
requesting affiants. Each affidavit presented shall be attached to the petition. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier consideration, the presiding judge may
accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each
attached affidavit to determine whether the action requested by each affiant should be
granted. If the presiding judge of the superior court concludes that the action requested
by the affiant will reduce a danger to the life or safety of the affiant or another
person, the presiding judge of the superior court shall order that the recorder prohibit
access for five years to the affiant's residential address and telephone number contained
in instruments or writings recorded by the county recorder and made available on the
internet. If the presiding judge of the superior court concludes that the affiant or
another person is in actual danger of physical harm from a person or persons with whom
the affiant has had official dealings and that action pursuant to this section will
reduce a danger to the life or safety of the affiant or another person, the presiding
judge of the superior court shall order that the general public be prohibited for five
years from accessing the unique identifier and the recording date contained in indexes of
recorded instruments maintained by the county recorder and identified pursuant to
subsection B of this section.
G. On motion to the court, if the presiding judge of the superior court concludes
that an instrument or writing recorded by the county recorder has been redacted or sealed
in error, that the original affiant no longer lives at the address listed in the original
affidavit, that the cause for the original affidavit no longer exists or that temporary
access to the instrument or writing is needed, the presiding judge may temporarily stay
or permanently vacate all or part of the court order prohibiting public access to the
recorded instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the
court order and a copy of the affidavit required by subsection B of this section with the
county recorder. No more than ten days after the date on which the county recorder
receives the court order, the county recorder shall restrict access to the information as
required by subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant
may request a court hearing. The hearing shall be conducted by the court in the county
where the petition was filed.
J. The recorder shall remove the restrictions on all records restricted pursuant to
this section by January 5 in the year after the court order expires.
K. To include subsequent recordings in the court order, the peace officer, justice,
judge, commissioner, public defender or prosecutor shall present to the county recorder
at the time of recordation a certified copy of the court order. The recorder shall ensure
that public access shall be restricted pursuant to subsection A of this section.
L. This section shall not be interpreted to restrict access to public records for
the purposes of perfecting a lien pursuant to title 12, chapter 9, article 2.
M. This section does not prohibit access to the records of the county recorder by
parties to the instrument, a title insurer, a title insurance agent or an escrow agent
licensed by the department of insurance or the department of banking.
N. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court.
2. "Indexes" means only those indexes that are maintained by and located in the
office of the county recorder, that are accessed electronically and that contain
information beginning from and after January 1, 1987.
3. "Judge" means a judge of the United States district court, the United States
court of appeals, the United States magistrate court, the United States bankruptcy court,
the ARIZONA court of appeals, the superior court or a municipal court.
4. "Justice" means a justice of the United States or ARIZONA supreme court or a
justice of the peace.
5. "Peace officer" means any person vested by law, or formerly vested by law, with
a duty to maintain public order and make arrests.
6. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney
general or a United States attorney and includes an assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.
7. "Public defender" means a federal public defender, county public defender,
county legal defender or county contract indigent defense counsel and includes an
assistant or deputy federal public defender, county public defender or county legal
defender. 11-483 Records maintained by county recorder; confidentiality; definitions

(L05, Ch. 49, sec. 1)

A. Notwithstanding any other provision of this article, in counties with a
population of more than five hundred thousand persons a peace officer, justice, judge,
commissioner, public defender, prosecutor, victim of domestic violence or stalking or
person who is protected under an order of protection or injunction against harassment may
request that the general public be prohibited from accessing the unique identifier and
the recording date contained in indexes of recorded instruments maintained by the county
recorder and may request the recorder to prohibit access to that person's residential
address and telephone number contained in instruments or writings recorded by the county
recorder and made available on the internet.
B. A peace officer, justice, judge, commissioner, public defender, prosecutor,
victim of domestic violence or stalking or person who is protected under an order of
protection or injunction against harassment may request this action by filing an
affidavit that states all of the following on an application form developed by the
administrative office of the courts in agreement with an association of counties, an
organization of peace officers and the motor vehicle division of the department of
transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. The position the person currently holds and a description of the person's
duties, except that a person who is a victim of domestic violence or stalking shall
instead state that the person is a victim of domestic violence or stalking and shall
attach documentation supporting the claim, including a true and correct copy of any of
the following:
(a) Findings from a court of competent jurisdiction.
(b) Police reports.
(c) Medical records.
(d) Child protective services records.
(e) Domestic violence shelter records.
(f) School records.
4. The reasons the person reasonably believes that the person's life or safety or
that of another person is in danger and that restricting access pursuant to this section
will serve to reduce the danger.
5. The document locator number and recording date of each instrument for which the
person requests access restriction pursuant to this section.
6. A copy of pages from each instrument that includes the document locator number
and the person's full legal name and residential address or full legal name and telephone
number.
C. If a peace officer, justice, judge, commissioner, public defender, prosecutor,
victim of domestic violence or stalking or person who is protected under an order of
protection or injunction against harassment is also requesting pursuant to section 11-484
that the general public be prohibited from accessing records maintained by the county
assessor and county treasurer, the peace officer, justice, judge, commissioner, public
defender, prosecutor, victim of domestic violence or stalking or person who is protected
under an order of protection or injunction against harassment may combine the request
pursuant to subsection B of this section with the request pursuant to section 11-484 by
filing one affidavit. The affidavit and subsequent action by the appropriate authorities
shall meet all of the requirements of this section and section 11-484.
D. The affidavit shall be filed with the presiding judge of the superior court in
the county in which the affiant resides. To prevent a multiplicity of filings, a peace
officer, public defender or prosecutor shall deliver the affidavit to the peace officer's
commanding officer, or to the head of the prosecuting or public defender agency, as
applicable, or that person's designee, who shall file the affidavits at one time. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier presentation, the commanding officer, or the
head of the prosecuting or public defender agency, as applicable, or that person's
designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior
court shall file with the clerk of the superior court a petition on behalf of all
requesting affiants. Each affidavit presented shall be attached to the petition. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier consideration, the presiding judge may
accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each
attached affidavit to determine whether the action requested by each affiant should be
granted. If the presiding judge of the superior court concludes that the action requested
by the affiant will reduce a danger to the life or safety of the affiant or another
person, the presiding judge of the superior court shall order that the recorder prohibit
access for five years to the affiant's residential address and telephone number contained
in instruments or writings recorded by the county recorder and made available on the
internet. If the presiding judge of the superior court concludes that the affiant or
another person is in actual danger of physical harm from a person or persons with whom
the affiant has had official dealings and that action pursuant to this section will
reduce a danger to the life or safety of the affiant or another person, the presiding
judge of the superior court shall order that the general public be prohibited for five
years from accessing the unique identifier and the recording date contained in indexes of
recorded instruments maintained by the county recorder and identified pursuant to
subsection B of this section.
G. On motion to the court, if the presiding judge of the superior court concludes
that an instrument or writing recorded by the county recorder has been redacted or sealed
in error, that the original affiant no longer lives at the address listed in the original
affidavit, that the cause for the original affidavit no longer exists or that temporary
access to the instrument or writing is needed, the presiding judge may temporarily stay
or permanently vacate all or part of the court order prohibiting public access to the
recorded instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the
court order and a copy of the affidavit required by subsection B of this section with the
county recorder. No more than ten days after the date on which the county recorder
receives the court order, the county recorder shall restrict access to the information as
required by subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant
may request a court hearing. The hearing shall be conducted by the court in the county
where the petition was filed.
J. The recorder shall remove the restrictions on all records restricted pursuant to
this section by January 5 in the year after the court order expires.
K. To include subsequent recordings in the court order, the peace officer, justice,
judge, commissioner, public defender, prosecutor, victim of domestic violence or stalking
or person who is protected under an order of protection or injunction against harassment
shall present to the county recorder at the time of recordation a certified copy of the
court order. The recorder shall ensure that public access shall be restricted pursuant
to subsection A of this section.
L. This section shall not be interpreted to restrict access to public records for
the purposes of perfecting a lien pursuant to title 12, chapter 9, article 2.
M. This section does not prohibit access to the records of the county recorder by
parties to the instrument, a title insurer, a title insurance agent or an escrow agent
licensed by the department of insurance or the department of banking.
N. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court.
2. "Indexes" means only those indexes that are maintained by and located in the
office of the county recorder, that are accessed electronically and that contain
information beginning from and after January 1, 1987.
3. "Judge" means a judge of the United States district court, the United States
court of appeals, the United States magistrate court, the United States bankruptcy court,
the ARIZONA court of appeals, the superior court or a municipal court.
4. "Justice" means a justice of the United States or ARIZONA supreme court or a
justice of the peace.
5. "Peace officer" means any person vested by law, or formerly vested by law, with
a duty to maintain public order and make arrests.
6. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney
general or a United States attorney and includes an assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.
7. "Public defender" means a federal public defender, county public defender,
county legal defender or county contract indigent defense counsel and includes an
assistant or deputy federal public defender, county public defender or county legal
defender.
8. "Stalking" means the course of conduct prescribed in section 13-2923.
9. "Victim of domestic violence" means a person who is a victim of an offense
defined in section 13-3601.


11-484 Records maintained by county assessor and county treasurer; redaction; application; definitions

(L05, Ch. 243, sec. 2. Eff. 7/1/06)

A. Notwithstanding any other provision of this article, in any county a peace
officer, justice, judge, commissioner, public defender or prosecutor may request that the
general public be prohibited from accessing that person's residential address and
telephone number that are contained in instruments, writings and information maintained
by the county assessor and the county treasurer.
B. A peace officer, justice, judge, commissioner, public defender or prosecutor may
request this action by filing an affidavit that states all of the following on an
application form developed by the administrative office of the courts in agreement with
an association of counties, an organization of peace officers and the motor vehicle
division of the department of transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. The position the person currently holds and a description of the person's
duties.
4. The reasons the person reasonably believes that the person's life or safety or
that of another person is in danger and that redacting the residential address and
telephone number will serve to reduce the danger.
C. If a peace officer, public defender or prosecutor is also requesting pursuant to
section 11-483 that the general public be prohibited from accessing records maintained by
the county recorder, the peace officer, public defender or prosecutor may combine the
request pursuant to subsection B of this section with the request pursuant to section
11-483 by filing one affidavit with the officer's commanding officer, or with the head of
the prosecuting or public defender agency, as applicable, or that person's designee. The
affidavit and subsequent action by the appropriate authorities shall meet all of the
requirements of this section and section 11-483.
D. The affidavit shall be filed with the presiding judge of the superior court in
the county in which the affiant resides. To prevent a multiplicity of filings, a peace
officer, public defender or prosecutor shall deliver the affidavit to the peace officer's
commanding officer, or to the head of the prosecuting or public defender agency, as
applicable, or that person's designee, who shall file the affidavits at one time. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier presentation, the commanding officer, or the
head of the prosecuting or public defender agency, as applicable, or that person's
designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior
court shall file with the clerk of the superior court a petition on behalf of all
requesting affiants. Each affidavit presented shall be attached to the petition. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier consideration, the presiding judge may
accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each
attached affidavit to determine whether the action requested by each affiant should be
granted. If the presiding judge of the superior court concludes that the action requested
by the affiant will reduce a danger to the life or safety of the affiant or another
person, the presiding judge of the superior court shall order the redaction of the
affiant's residential address and telephone number that are contained in instruments,
writings and information maintained by the county assessor and the county treasurer. The
redaction shall be in effect for five years.
G. On motion to the court, if the presiding judge of the superior court concludes
that an instrument or writing maintained by the county assessor or the county treasurer
has been redacted or sealed in error, that the original affiant no longer lives at the
address listed in the original affidavit, that the cause for the original affidavit no
longer exists or that temporary access to the instrument or writing is needed, the
presiding judge may temporarily stay or permanently vacate all or part of the court order
prohibiting public access to the instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the
court order and a copy of the affidavit required by subsection B of this section with the
county assessor and the county treasurer. No more than ten days after the date on which
the county assessor and the county treasurer receive the court order, the county assessor
and the county treasurer shall restrict access to the information as required by
subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant
may request a court hearing. The hearing shall be conducted by the court in the county
where the petition was filed.
J. The county assessor and the county treasurer shall remove the restrictions on
all records that are redacted pursuant to this section by January 5 in the year after the
court order expires.
K. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court.
2. "Judge" means a judge of the United States district court, the United States
court of appeals, the United States magistrate court, the United States bankruptcy court,
the ARIZONA court of appeals, the superior court or a municipal court.
3. "Justice" means a justice of the United States or ARIZONA supreme court or a
justice of the peace.
4. "Peace officer" means any person vested by law, or formerly vested by law, with
a duty to maintain public order and make arrests.
5. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney
general or a United States attorney and includes an assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.
6. "Public defender" means a federal public defender, county public defender,
county legal defender or county contract indigent defense counsel and includes an
assistant or deputy federal public defender, county public defender or county legal
defender. 11-484 Records maintained by county assessor and county treasurer; redaction; definitions

(L05, Ch. 49, sec. 2)

A. Notwithstanding any other provision of this article, in counties with a
population of more than five hundred thousand persons a peace officer, justice, judge,
commissioner, public defender, prosecutor, victim of domestic violence or stalking or
person who is protected under an order of protection or injunction against harassment may
request that the general public be prohibited from accessing that person's residential
address and telephone number that are contained in instruments, writings and information
maintained by the county assessor and the county treasurer.
B. A peace officer, justice, judge, commissioner, public defender, prosecutor,
victim of domestic violence or stalking or person who is protected under an order of
protection or injunction against harassment may request this action by filing an
affidavit that states all of the following on an application form developed by the
administrative office of the courts in agreement with an association of counties, an
organization of peace officers and the motor vehicle division of the department of
transportation:
1. The person's full legal name and residential address.
2. The full legal description and parcel number of the person's property.
3. The position the person currently holds and a description of the person's
duties, except that a person who is a victim of domestic violence or stalking shall state
that the person is a victim of domestic violence or stalking and shall attach
documentation supporting the claim, including a true and correct copy of any of the
following:
(a) Findings from a court of competent jurisdiction.
(b) Police reports.
(c) Medical records.
(d) Child protective services records.
(e) Domestic violence shelter records.
(f) School records.
4. The reasons the person reasonably believes that the person's life or safety or
that of another person is in danger and that redacting the residential address and
telephone number will serve to reduce the danger.
C. If a peace officer, justice, judge, commissioner, public defender, prosecutor,
victim of domestic violence or stalking or person who is protected under an order of
protection or injunction against harassment is also requesting pursuant to section 11-483
that the general public be prohibited from accessing records maintained by the county
recorder, the peace officer, justice, judge, commissioner, public defender, prosecutor,
victim of domestic violence or stalking or person who is protected under an order of
protection or injunction against harassment may combine the request pursuant to
subsection B of this section with the request pursuant to section 11-483 by filing one
affidavit. The affidavit and subsequent action by the appropriate authorities shall meet
all of the requirements of this section and section 11-483.
D. The affidavit shall be filed with the presiding judge of the superior court in
the county in which the affiant resides. To prevent a multiplicity of filings, a peace
officer, public defender or prosecutor shall deliver the affidavit to the peace officer's
commanding officer, or to the head of the prosecuting or public defender agency, as
applicable, or that person's designee, who shall file the affidavits at one time. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier presentation, the commanding officer, or the
head of the prosecuting or public defender agency, as applicable, or that person's
designee, shall not file affidavits more often than quarterly.
E. On receipt of an affidavit or affidavits, the presiding judge of the superior
court shall file with the clerk of the superior court a petition on behalf of all
requesting affiants. Each affidavit presented shall be attached to the petition. In the
absence of an affidavit that contains a request for immediate action and that is
supported by facts justifying an earlier consideration, the presiding judge may
accumulate affidavits and file a petition at the end of each quarter.
F. The presiding judge of the superior court shall review the petition and each
attached affidavit to determine whether the action requested by each affiant should be
granted. If the presiding judge of the superior court concludes that the action requested
by the affiant will reduce a danger to the life or safety of the affiant or another
person, the presiding judge of the superior court shall order the redaction of the
affiant's residential address and telephone number that are contained in instruments,
writings and information maintained by the county assessor and the county treasurer. The
redaction shall be in effect for five years.
G. On motion to the court, if the presiding judge of the superior court concludes
that an instrument or writing maintained by the county assessor or the county treasurer
has been redacted or sealed in error, that the original affiant no longer lives at the
address listed in the original affidavit, that the cause for the original affidavit no
longer exists or that temporary access to the instrument or writing is needed, the
presiding judge may temporarily stay or permanently vacate all or part of the court order
prohibiting public access to the instrument or writing.
H. On entry of the court order, the clerk of the superior court shall file the
court order and a copy of the affidavit required by subsection B of this section with the
county assessor and the county treasurer. No more than ten days after the date on which
the county assessor and the county treasurer receive the court order, the county assessor
and the county treasurer shall restrict access to the information as required by
subsection F of this section.
I. If the court denies an affiant's request pursuant to this section, the affiant
may request a court hearing. The hearing shall be conducted by the court in the county
where the petition was filed.
J. The county assessor and the county treasurer shall remove the restrictions on
all records that are redacted pursuant to this section by January 5 in the year after the
court order expires.
K. For the purposes of this section:
1. "Commissioner" means a commissioner of the superior court.
2. "Judge" means a judge of the United States district court, the United States
court of appeals, the United States magistrate court, the United States bankruptcy court,
the ARIZONA court of appeals, the superior court or a municipal court.
3. "Justice" means a justice of the United States or ARIZONA supreme court or a
justice of the peace.
4. "Peace officer" means any person vested by law, or formerly vested by law, with
a duty to maintain public order and make arrests.
5. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney
general or a United States attorney and includes an assistant or deputy United States
attorney, county attorney, municipal prosecutor or attorney general.
6. "Public defender" means a federal public defender, county public defender,
county legal defender or county contract indigent defense counsel and includes an
assistant or deputy federal public defender, county public defender or county legal
defender.
7. "Stalking" means the course of conduct prescribed in section 13-2923.
8. "Victim of domestic violence" means a person who is a victim of an offense
defined in section 13-3601.


11-487.01 Definitions
IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. "DOCUMENT" MEANS INFORMATION THAT IS BOTH OF THE FOLLOWING:
(a) INSCRIBED ON A TANGIBLE MEDIUM OR STORED IN AN ELECTRONIC OR OTHER
MEDIUM, AND RETRIEVABLE IN PERCEIVABLE FORM.
(b) ELIGIBLE TO BE RECORDED IN THE LAND RECORDS MAINTAINED BY A COUNTY
RECORDER.
2. "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING ELECTRICAL, DIGITAL,
MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC OR SIMILAR CAPABILITIES.
3. "ELECTRONIC DOCUMENT" MEANS A DOCUMENT THAT IS RECEIVED BY A COUNTY
RECORDER IN AN ELECTRONIC FORM.
4. "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL OR PROCESS
ATTACHED TO OR LOGICALLY ASSOCIATED WITH A DOCUMENT AND EXECUTED OR ADOPTED BY A PERSON
WITH THE INTENT TO SIGN THE DOCUMENT.
5. "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE, TRUST,
PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, JOINT VENTURE, PUBLIC CORPORATION,
GOVERNMENT OR GOVERNMENTAL SUBDIVISION, AGENCY OR INSTRUMENTALITY OR ANY OTHER LEGAL OR
COMMERCIAL ENTITY.
6. "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUMBIA, THE
COMMONWEALTH OF PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS OR ANY TERRITORY OR INSULAR
POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES. 11-487.02 Validity of electronic documents
A. If a law requires, as a condition for recording, that a document be an original,
be on paper or another tangible medium or be in writing, the requirement is satisfied by
an electronic document satisfying this article.
B. If a law requires, as a condition for recording, that a document be signed, the
requirement is satisfied by an electronic signature.
C. A requirement that a document or a signature associated with a document be
notarized, acknowledged, verified, witnessed or made under oath is satisfied if the
electronic signature of the person authorized to perform that act, and all other
information required to be included, is attached to or logically associated with the
document or signature. A physical or electronic image of a stamp, impression or seal need
not accompany an electronic signature. 11-487.03 Recording of documents; definition
A. A county recorder:
1. Who implements any of the functions listed in this section shall do so in
compliance with adopted standards.
2. May receive, index, store, archive and transmit electronic documents.
3. May provide for access to, and for search and retrieval of, documents and
information by electronic means.
4. Who accepts electronic documents for recording shall continue to accept paper
documents as authorized by state law and shall place entries for both types of documents
in the same index.
5. May convert paper documents accepted for recording into electronic form.
6. May convert into electronic form information recorded before the county recorder
began to record electronic documents.
7. May accept electronically any fee that the county recorder is authorized to
collect.
8. May agree with other officials of a state or a political subdivision of a state
or of the United States, on procedures or processes to facilitate the electronic
satisfaction of prior approvals and conditions precedent to recording and the electronic
payment of fees.
B. For the purposes of this section, "paper document" means a document that is
received by a county recorder in a form that is not electronic.


11-487.04 Uniformity of application and construction
In applying and construing this article, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter among states that enact
it. 11-487.05 Relation to electronic signatures in global and national commerce act This article modifies, limits and supersedes the federal electronic signatures in global and national commerce act (P.L. 106-229; 114 Stat. 464; 15 United States Code sections 7001 through 7006, section 7021 and section 7031) but does not modify, limit or supersede section 101(c) of that act (P.L. 106-229; 114 stat. 464; 15 United States Code Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (P.L. 106-229; 114 Stat. 464; 15 United States Code section 7003(b)). 11-487.06 Electronic recording commission (Rpld. 1/1/08) A. An electronic recording commission is established consisting of seven members who are appointed by the governor. The membership shall consist of: 1. Four members who are county recorders in this state. 2. One member who represents an association of title companies. 3. One member who represents an association of mortgage bankers. 4. One member who represents real property lawyers. B. The electronic recording commission shall adopt and amend, if necessary, standards to implement this article. After reviewing real property and recording laws in this state, the electronic recording commission shall recommend to the legislature what laws, if any, need to be modified and what the modifications should be. C. To keep the standards and practices of county recorders in this state compatible with the standards and practices of recording offices in other jurisdictions that enact a substantive equivalent to this article, the electronic recording commission so far as is consistent with this article, when adopting or amending standards shall consider all of the following: 1. Standards and practices of other jurisdictions. 2. The most recent standards adopted by national standard setting bodies, such as the property records industry association. 3. The views of interested persons and governmental officials and entities. 4. The needs of counties of varying sizes, populations and resources. 5. Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering. 11-487 Short title
This article may be cited as the uniform real property electronic recording act. 11-491 Custodian of public monies
The treasurer shall keep all money belonging to the state, or to the county, in his
possession until disbursed according to law. He shall not place it in the possession of
any person to be used for any purpose, or lend, or in any manner use, or permit any
person to use, such money except as provided by law.

11-492 Apportionment of county monies
All taxes collected upon real and personal property of the county, and all public
monies arising from any source, or accruing under the provisions of law to a county,
shall be paid into the treasury of the county, and the county treasurer shall apportion
and apply the same to the several special and general funds as provided by law.

11-493 Duties
The county treasurer shall:
1. Receive all money of the county, and other money directed by law to be paid to
him, safely keep it, and apply and pay it out, rendering account thereof as required by
law.
2. Keep an account of the receipt and expenditure of such money in books provided
for that purpose, in which shall be entered:
(a) The amount, time when, from whom and on what account the money was received by
him.
(b) The amount, time when, to whom and on what account disbursements were made by
him.
3. Keep his books so that the amount received and paid out on account of separate
funds or specific appropriations are exhibited in separate and distinct accounts, and the
whole receipts and expenditures shown in one general or cash account.
4. Enter no money received for the current year on his account with the county for
the past fiscal year, until after his annual settlement for the past year has been made
with the board of supervisors.
5. Disburse the county money:
(a) By county warrant that is issued by the board of supervisors and that is signed
by the chairman and the clerk of the board.
(b) By electronic transfer authorized by the board of supervisors and on receipt of
a written authorization signed by the chairman and the clerk of the board, or chief
financial officer and the clerk of the board.
(c) As provided by law.

11-494 Receipts for monies received; violation; classification
A. The treasurer shall issue a receipt for all monies the treasurer receives as
treasurer or as tax collector except tax payments made by check which shall be received
pursuant to section 42-18055. The receipts shall be in a standard format, numbered
consecutively, issued in their serial order and signed or validated by the treasurer. At
the time of issuance the treasurer shall deliver one copy of the receipt to the person
paying the money, one copy to the clerk of the board, who shall immediately charge the
treasurer with the amount of the receipt, and, in the case of school district deposits,
one copy to the county school superintendent. The treasurer shall retain the original
receipt.
B. An officer violating this section is guilty of a class 2 misdemeanor.

11-495 Taxpayers' information fund
A. A taxpayers' information fund is established in each county treasury consisting
of monies collected from the public records copy surcharge imposed pursuant to section
11-496, the tax lien processing fee imposed pursuant to section 42-18116, subsection C,
fifteen dollars of each judgment deed fee collected pursuant to section 42-18205,
subsection A and the community facilities district special assessment fee imposed
pursuant to section 48-721.
B. The county treasurer shall administer the fund and spend monies in the fund only
to defray the cost of converting or upgrading an automated public information system as
follows:
1. Purchasing computer hardware and software.
2. Training employees to operate the system.
3. Maintaining the system, including purchasing equipment maintenance agreements.
4. Updating the system hardware and software.
C. The county treasurer shall annually submit to the board of supervisors the
amount of anticipated revenues under this section. If the projected revenues are
considered to be insufficient to establish and maintain the fund at an adequate level,
the monies may accumulate until sufficient monies are available in the fund. 11-496 Public records copy; proceeds of sale; agent duties; surcharge; special district assessments; deposit
A. In addition to the fee prescribed by section 39-121.01, subsection D, paragraph
1 or section 39-121.03, subsection A, the county treasurer may impose a surcharge of not
more than twenty-five per cent of the fee charged for furnishing a copy, printout or
photograph.
B. A county treasurer who is designated as a registrar pursuant to section 35-491
may impose a surcharge of not more than twenty-five per cent of the average fee charged
by commercial bank trust departments during the previous calendar year for discharging
registrar, transfer and paying agent duties.
C. The county treasurer may impose and collect a fee for expenses directly related
to the collection of special assessments for a community facilities district pursuant to
section 48-721.
D. The county treasurer shall deposit monies collected pursuant to this section in
the taxpayers' information fund established by section 11-495. 11-497 Disbursement of forest reserve monies
The treasurer shall notify the clerk of the board of supervisors and the county
school superintendent of the amount received from the state treasurer as the county share
of pass through monies from the United States from forest reserves, as provided in
section 41-736, and thereafter the money shall be disbursed for the benefit of public
schools and public roads of the county as the board of supervisors may direct.

11-498 Inspection of records
The books, accounts and vouchers of the treasurer shall at all times be subject to
inspection and examination by the auditor general, the board of supervisors and the grand
jury.

11-499 Issuance of county bonds; liability
The board of supervisors and not the county treasurer is the official issuer of
county bonds, and the board of supervisors shall assume all liability on the bonds
including bonds issued pursuant to sections 11-254.03, 11-264.01, 11-271, 11-281, 11-307,
11-371 and 11-721 and all other county bonds.

11-501 Monthly and annual reports to the board
A. The treasurer shall report accounts of collection, custody and disbursement of
public revenue to the board of supervisors on the fifteenth day of each month for the
preceding month. For that purpose he shall prepare a statement, under oath, of the
amount of money or other property received, the sources from which derived, the amount of
payments or disbursements and to whom, with the amount remaining on hand.
B. The treasurer shall, in making the settlement, deposit all paid warrants with
the clerk of the board, taking his receipt therefor, and the amount of the warrants so
deposited shall be entered to the credit of the treasurer in his account.
C. The treasurer shall also make a full report to the board annually as of the last
business day of June.

11-502 Transmittal of money to state treasurer
Upon receipt of an order from the state treasurer requiring the money in the county
treasury belonging to the state or collected for it to be transmitted to the state
treasury in the manner prescribed by law, the county treasurer shall within ten days
thereafter transmit the money in the manner directed by the state treasurer, and as
provided by law. The transmittal shall be at the risk of the state, if sent as the state
treasurer directs.

11-503 Failure to make settlement or report; penalty
If the treasurer neglects or refuses to settle or report as required by law, he
shall forfeit and pay to the county the sum of five hundred dollars for each act of
neglect or refusal, and the board of supervisors shall institute action for the recovery
thereof.

11-504 Correction of errors
When an error appearing in the accounts of the county treasurer, excepting the tax
rolls, comes to the notice of the treasurer he shall, if the error was made not more than
fifteen years prior thereto, immediately correct it, and place on the margin of the book
in which the original entry of the error appears and opposite the correction thereof, a
notation of the date of such correction and the reason therefor. If the correction
depletes or creates a deficit in any fund or account, the treasurer shall show the fund
overdrawn, and shall refuse to pay warrants or other evidences of indebtedness issued
against it until the fund is replenished.

11-511 Powers and duties
The county school superintendent shall have such powers and perform such duties as
prescribed by section 15-302 and as otherwise prescribed by law.

11-531 Qualifications
A. No person shall be eligible for the office of county attorney unless he is an
attorney at law, licensed and in good standing in this state.
B. The board of supervisors shall not pay a salary to any person as county attorney
who is not so eligible for the office.

11-532 Powers and duties
A. The county attorney is the public prosecutor of the county and shall:
1. Attend the superior and other courts within the county and conduct, on behalf of
the state, all prosecutions for public offenses.
2. Institute proceedings before magistrates for the arrest of persons charged with
or reasonably suspected of public offenses when the county attorney has information that
the offenses have been committed.
3. When not engaged in criminal proceedings in the superior court, attend upon the
magistrates in cases of arrest when required by them, and attend before and give advice
to the grand jury.
4. Draw indictments and informations, defend actions brought against the county and
prosecute actions to recover recognizances forfeited in courts of record and actions for
recovery of debts, fines, penalties and forfeitures accruing to the state or county.
5. Deliver receipts for monies or property received in the county attorney's
official capacity and file duplicate receipts with the clerk of the board.
6. On the first Monday of January, April, July and October in each year, file with
the board of supervisors an account, verified by oath, of all monies received in the
county attorney's official capacity during the preceding three months, and at the same
time pay it to the county treasurer.
7. When required, give a written opinion to county officers on matters relating to
the duties of their offices.
8. Keep a register of official business, and enter therein every action prosecuted,
criminal or civil, and of the proceedings therein.
9. Act as the legal advisor to the board of supervisors, attend its meetings and
oppose claims against the county which the county attorney deems unjust or illegal.
10. Act as attorney for school districts except as provided in section 15-343, or
except in any lawsuits involving a conflict of interest with other county offices at
which time the attorney general may represent the school district.
11. Act as attorney for the community college district except as provided in section
15-1448 or except in any lawsuits involving a conflict of interest with other county
offices, at which time the attorney general may represent the community college district.
12. Defend all locally valued and assessed property tax appeals as provided in
section 42-16208.
B. Upon receipt of an appellant's brief in a criminal appeal, the county attorney
shall furnish the attorney general with a true statement of the facts in the case,
together with the available authorities and citations that are responsive to the
assignments or specifications of error.
C. The county attorney may represent a school district governing board member
against whom an action is brought in the board member's individual capacity until such
time as it is established as a matter of law that the alleged activity or events which
form the basis of the complaint were not performed, or not directed to be performed,
within the scope or course of the member's duties.
D. Notwithstanding the provisions of article 12 of this chapter, in connection with
the investigation or prosecution of any matter involving the death of a person, the
county attorney may request that the medical examiner, for the county in which the
prosecution will take place, conduct the medical examination.

11-533 Statement of court and county attorney in connection with sentence
When a defendant is sentenced the trial court and county attorney shall attach to
the certified copy of the sentence a statement of the facts and circumstances
constituting the crime upon which the defendant was convicted, together with all other
information accessible in regard to the career of the defendant prior to the commission
of the crime of which he was convicted, relative to the habits, associates, disposition,
reputation, and any other facts and circumstances which may aid the board of executive
clemency and warden in determining the capability of such prisoner to become a
law-abiding citizen.

11-534 Effect of failure of county attorney to attend court
If the county attorney fails to attend in person, or by deputy, any session of the
superior court at which a criminal action is to be tried, the court may designate some
other person to perform the duties of county attorney during his absence from court. The
person so designated shall receive a reasonable compensation, to be fixed by the court
and paid by the county treasurer, and the amount thereof shall be deducted from the
salary of the county attorney.

11-535 Claims of county attorney against county
The county attorney, except for his own services, shall not present a demand for
allowance against the county, or advocate the demand by another.

11-536 Witness protection
A. A county attorney may provide for the security of government witnesses,
potential government witnesses and their immediate families in pending official criminal
or civil proceedings or investigations, if testimony by such witnesses may subject the
witnesses or members of their immediate families to danger or bodily injury. Witness
protection may include providing for the health, safety, welfare and housing facilities
of witnesses and their immediate families. Witness protection may continue for as long
as such danger exists.
B. The county attorney may authorize the purchase, rental or modification of
housing facilities provided pursuant to this section. The county attorney may also
contract with any government or department of government to provide facilities or
services for the purposes of this section.
C. Monies deposited in the county anti-racketeering revolving fund established
pursuant to section 13-2314.03 may be used for witness protection.

11-537 County attorney juvenile diversion fund
A. The county attorney juvenile diversion fund is established consisting of
diversion fees that are collected pursuant to section 8-321, subsection N for community
based alternative programs administered by the county attorney and that are deposited in
the fund. The fund may also consist of the following:
1. County general fund appropriations.
2. Federal monies that are appropriated for community based alternative programs.
3. Quarterly reimbursements from the supreme court pursuant to section 8-321,
subsection O for juveniles participating in county attorney community based alternative
programs.
4. Grants, gifts, devises and donations from any public or private source.
B. The county board of supervisors may apply to the internal revenue service for a
ruling that donations to the fund are tax deductible.
C. The monies shall be used at the discretion of the county attorney for
administering county community based alternative programs that are established pursuant
to section 8-321.

11-538 County attorney victim compensation fund; exemption from lapsing
A. The board of supervisors may establish a county attorney victim compensation
fund in the county treasury consisting of monies that are distributed pursuant to section
12-286, subsection D. The county attorney in cooperation with the board of supervisors
shall administer the fund.
B. The county attorney shall use monies in the fund to assist eligible victims of
crime with medical, counseling and funeral expenses and lost wages. The rules of the
ARIZONA criminal justice commission adopted pursuant to section 41-2405, subsection A,
paragraph 8 applies to the eligibility of crime victims for compensation.
C. The county attorney shall annually submit to the board of supervisors the fund
balance and the amount of revenues that the county attorney 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 available to assist 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.

11-539 State aid to county attorneys fund
A. The state aid to county attorneys 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 county attorneys for the
processing of criminal cases.
B. The ARIZONA criminal justice commission shall administer the fund. The
commission shall allocate fund monies to each county pursuant to section 41-2409,
subsection A.
C. 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 by county attorneys.
D. Monies in the state aid to county attorneys 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.
E. On notice from the commission, 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. 11-541 Powers and duties generally
The county assessor shall have the powers and perform the duties prescribed by law.

11-542 County assessor; oath
The assessor and the assessor's deputies shall take and subscribe the following oath
or affirmation:
"I do solemnly swear (or affirm) that I will well and truly discharge the duties of
assessor of the county of _________, and will, to the best of my knowledge and ability,
truly and fairly determine the valuation, without favor or partiality, of all the taxable
property in said county at its full cash value." 11-543 Liability for taxes on property unassessed through negligence
The assessor and his sureties shall be liable for all taxes on taxable property
within the county which, through the neglect of the assessor, remains unassessed. The
county attorney of the county shall, in such instances, sue the assessor and his sureties
therefor, but not until after the assessment roll is completed.

11-561 Qualifications; salary
A. The board of supervisors may appoint a county engineer, who shall be a competent
civil engineer and road builder.
B. The county engineer shall receive such salary as the board of supervisors fixes,
payable from the road fund of the county.

11-562 Duties
A. The county engineer shall be custodian of the records and property of the county
relating to surveying, engineering and road construction.
B. Except where highways are being constructed under the direction of a highway
commission, the county engineer shall, under the direction of the board, have charge of
all highways, other engineering construction and improvements, alterations and repairs to
county property, and shall make surveys, maps, plans and specifications required by the
board.

11-563 Private work prohibited
The county engineer shall not during his term of office engage in private
engineering or surveying, except by permission of the board of supervisors, or be a
member of a firm so engaged.

11-571 County volunteer forest fire wardens; appointment; term
Judges of the superior court in each county may appoint any number of voluntary
forest fire wardens deemed necessary for the proper protection of the forested lands
within the county. The wardens shall serve without pay, and their appointments shall
expire on November 1 each year.

11-572 Powers and duties of wardens and peace officers
Voluntary forest fire wardens and peace officers, including deputy game and fish
wardens, may make arrests on warrants issued by a magistrate for violation of forest fire
laws, or without warrant for violation thereof committed in their presence.

11-581 Public defender; appointment
In any county the board of supervisors may establish the office of public defender
and appoint a suitable person to hold that office.

11-582 Qualifications; salary
A. No person shall be eligible for the office of public defender or deputy public
defender unless he is an attorney at law, licensed and in good standing in this state.
B. The public defender shall receive that salary which the board of supervisors
shall determine, provided that it shall be not less than seventy per cent of that paid to
the county attorney.
C. The board of supervisors shall not pay a salary to any person as public defender
or deputy public defender who is not eligible for the office.

11-583 Private practice of civil and criminal law prohibited; exception; limitation
A. The public defender and his full-time deputies shall not engage in the private
practice of law, except:
1. Such prohibition shall not apply to part-time deputies, except that in no
instance shall part-time deputies engage in any private litigation in which the county or
an officer thereof in his official capacity is a party.
2. Deputy county public defenders may, but in no circumstances shall be required
to, represent private clients in pro bono, private civil matters under the following
circumstances:
(a) The representation will be conducted exclusively during off hours or while on
leave and the attorney will not receive any compensation for such services.
(b) The client is not seeking an award of attorney fees for the services.
(c) The services are for an individual in need of personal legal services who does
not have the financial resources to pay for the professional services or for a nonprofit,
tax exempt charitable organization formed for the purpose of providing social services to
individuals and families.
(d) The representation will not interfere with the performance of any official
duties.
(e) The subject matter of pro bono representation is outside of the area of
practice to which the attorney is assigned in the public defender's office and the
activity will not appear to create a conflict of interest.
(f) The activity will not reflect adversely on this state, the county or any of
their agencies.
(g) The deputy county public defender's position will not influence or appear to
influence the outcome of any matter.
(h) The activity will not involve assertions that are contrary to the interest or
position of this state, the county or any of their agencies.
(i) The activity does not involve a criminal matter or proceeding or any matter in
which this state or the county is a party or has a direct or substantial interest.
(j) The activity will not utilize resources that will result in cost to this state,
the county or any of their agencies.
(k) The attorney's supervisor may require the attorney to submit a prior written
request to engage in pro bono work which includes a provision holding the agency harmless
from any of the work undertaken by the attorney.

Notwithstanding any provision of law or rule to the contrary, representation by an
attorney of a pro bono client shall not disqualify the office from subsequently
participating in any action affecting the client.
B. The public defender shall not during his incumbency defend or assist in the
defense of, or act as counsel for, any person accused of any crime in any county except
as provided in this article unless authorized by the board of supervisors to enter into
an intergovernmental agreement with another county pursuant to chapter 7, article 3 of
this title.

11-584 Public defender; duties; reimbursement
A. The public defender shall perform the following duties:
1. Upon order of the court, defend, advise and counsel without expense to the
defendant, subject to subsection B of this section, any person who is not financially
able to employ counsel in the following proceedings and circumstances:
(a) Offenses triable in the superior court or justice courts at all stages of the
proceedings, including the preliminary examination, but only for those offenses which by
law require that counsel be provided.
(b) Extradition hearings.
(c) Sanity hearings only when appointed by the court under title 36, chapter 5.
(d) Involuntary commitment hearings held pursuant to title 36, chapter 18, only if
appointed by the court.
(e) Involuntary commitment hearings held pursuant to title 36, chapter 37, when
appointed by the court as provided in section 36-3704, subsection C, if the court
appoints the public defender and the board of supervisors has advised the presiding judge
of the county that the public defender is authorized to accept the appointment.
(f) Juvenile delinquency and incorrigibility proceedings only when appointed by the
court under section 8-221.
(g) Appeals to a higher court or courts.
(h) All juvenile proceedings other than delinquency and incorrigibility proceedings
under subdivision (f), including serving as a guardian ad litem, when appointed by the
court pursuant to section 8-221, if the court appoints the public defender and the board
of supervisors has advised the presiding judge of the county that the public defender is
authorized to accept the appointment.
(i) All mental health hearings regarding release recommendations held before the
psychiatric security review board pursuant to section 13-3994, when appointed by the
court as provided in section 31-502, subsection A, paragraph 8, if the court appoints the
public defender and the board of supervisors has advised the presiding judge of the
superior court in the county that the public defender is authorized to accept the
appointment.
(j) As attorneys pursuant to title 14, chapter 5, article 4 of adults who are
allegedly unable to effectively manage their affairs or preserve their estates, if the
court appoints the public defender and the board of supervisors has advised the presiding
judge of the county that the public defender is authorized to accept the appointment.
2. Keep a record of all services rendered by the public defender in that capacity
and file with the board of supervisors an annual report of those services.
3. By December 1 of each year, file with the presiding judge of the superior court,
the chief probation officer and the board of supervisors an annual report on the average
cost of defending a felony case.
B. Although the services of the public defender or court appointed counsel shall be
without expense to the defendant, the court may make the following assessments:
1. Order an indigent administrative assessment of not more than twenty-five
dollars.
2. Order an administrative assessment fee of not more than twenty-five dollars to
be paid by the juvenile or the juvenile's parent or guardian.
3. Require that the defendant, including a defendant who is placed on probation,
repay to the county a reasonable amount to reimburse the county for the cost of the
defendant's legal defense. Reimbursement for legal services provided to a juvenile shall
be ordered pursuant to section 8-221.
C. In determining the amount and method of payment the court shall take into
account the financial resources of the defendant and the nature of the burden that the
payment will impose.
D. Assessments collected pursuant to subsection B of this section shall be paid
into the county general fund in the account designed for use solely by the public
defender and court appointed counsel to defray the costs of public defenders and court
appointed counsel. The assessments shall supplement, not supplant, funding provided by
counties for public defense, legal defense and contract indigent defense counsel in each
county.


11-585 Provision for office and supplies; reimbursement from other agencies
A. In each county where the office of public defender is established, the board of
supervisors shall provide suitable rooms, office furniture and supplies with which to
properly conduct the business of his office.
B. The county shall be reimbursed by the appropriate governmental agency for the
expenses incurred in providing the public defender's services to municipal courts or
agencies not under the jurisdiction of the county.

11-586 Provision for deputies, assistants and employees
A. The public defender may, with the consent and at salaries fixed by the board of
supervisors, appoint those full-time and part-time deputies, and hire stenographers and
assistants necessary to conduct the affairs of their respective offices. The
appointments shall be in writing, and filed in the office of the county recorder.
B. Deputies shall hold office at the pleasure of the officer appointing them and
the board of supervisors.
C. Wherever possible, part-time deputies shall be appointed at minimal salaries to
supplement the regular staff of the office of the public defender. When these deputies
are appointed, the public defender shall make every effort, which does not interfere with
the faithful performance of his duties, to acquaint them fully with all phases of the
activities of his office.

11-587 Withdrawal of public defender
The public defender shall petition the court to withdraw as attorney of record, and
the court may grant such petition, whenever private counsel is employed either by the
defendant or by any other person to represent such defendant and such private counsel is
accepted by the defendant.

11-588 State aid to indigent defense fund
A. The state aid to indigent defense fund is established consisting of monies
appropriated to the fund and monies allocated to the fund pursuant to section 41-2421,
subsections B and J. The purpose of the fund is to provide state aid to the county
public defender, legal defender and contract indigent defense counsel for the processing
of criminal cases.
B. The ARIZONA criminal justice commission shall administer the fund. The
commission shall allocate monies in the fund to each county pursuant to section 41-2409,
subsection C.
C. 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 counties for the
processing of criminal cases by the county public defender, legal defender and contract
indigent defense counsel in each county.
D. Monies in the state aid to indigent defense 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.
E. On notice from the commission, 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. 11-591 County medical examiner; appointment; qualifications; compensation
A. The board of supervisors of each county may appoint a qualified person to the
position of county medical examiner.
B. The county medical examiner shall be a licensed physician in good standing
certified in pathology and skilled in forensic pathology. The medical examiner shall
receive compensation as determined by the board of supervisors.

11-592 List of physicians in lieu of medical examiner; fund; notification; special examinations
A. If the board of supervisors determines that the appointment of a medical
examiner is not practical, the board of supervisors shall establish a list of licensed
physicians who will be available to perform the duties required of a county medical
examiner. A licensed physician on the list need not be a resident of the county, need
not be certified in pathology nor skilled in forensic pathology but shall have agreed to
perform medical examinations or autopsies to determine the cause and manner of death on
behalf of the county on a contract basis.
B. If the board of supervisors establishes a list of licensed physicians in lieu of
appointing a county medical examiner, the board may establish a fund known as the county
medical examination fund and shall pay expenses incurred by the licensed physicians in
the performance of the duties of the county medical examiner from such fund.
C. The sheriff of the county shall be responsible for notifying and securing a
licensed physician on the list to perform a medical examination or autopsy required by
law.
D. Upon request of the county attorney or the attorney general, the licensed
physician employed by the board of supervisors and secured by the sheriff shall be a
licensed physician certified in pathology and skilled in forensic pathology.

11-593 Reporting of certain deaths; autopsies; failure to report; classification
A. Any person having knowledge of the death of a human being including a fetal
death shall promptly notify the nearest peace officer of all information in the person's
possession regarding the death and the circumstances surrounding it under any of the
following circumstances:
1. Death when not under the current care of a physician or nurse practitioner for a
potentially fatal illness or when an attending physician or nurse practitioner is
unavailable to sign the death certificate.
2. Death resulting from violence.
3. Death occurring suddenly when in apparent good health.
4. Death occurring in a prison.
5. Death of a prisoner.
6. Death occurring in a suspicious, unusual or unnatural manner.
7. Death from disease or accident believed to be related to the deceased's
occupation or employment.
8. Death believed to present a public health hazard.
9. Death occurring during anesthetic or surgical procedures.
B. The peace officer shall promptly notify the county medical examiner and, except
in deaths occurring during surgical or anesthetic procedures from natural diseases, shall
promptly make or cause to be made an investigation of the facts and circumstances
surrounding the death and report the results to the medical examiner. If there is no
county medical examiner appointed and serving within the county, the county sheriff shall
be notified by the peace officer and the sheriff shall in turn notify and secure a
licensed physician to perform the medical examination or autopsy.
C. An autopsy is not required for deaths due to natural diseases that occur during
surgical or anesthetic procedures, except where the medical examiner determines an
autopsy is necessary because any of the following exist:
1. A public health risk.
2. Evidence of a crime.
3. Evidence of inadequate health care.
4. No clinically evident cause of death.
D. Every person who knows of the existence of a body where death occurred as
specified in subsection A of this section and who knowingly fails to notify the nearest
peace officer as soon as possible unless the person has good reason to believe that
notice has already been given is guilty of a class 2 misdemeanor.
E. If the deceased was under treatment for accident or illness by prayer or
spiritual means alone, in accordance with the tenets and practices of a well-recognized
church or religious denomination, and death occurred without a physician or nurse
practitioner in attendance, the person who has knowledge of the death shall report all
information in his possession regarding the death and circumstances surrounding it
directly to the county medical examiner or the person performing the duties of a county
medical examiner who may waive an autopsy if he is satisfied that the death of such
person resulted from natural causes.
F. Each county shall provide to the criminal identification section of the
department of public safety fingerprints of all deceased persons whose deaths are
required to be investigated pursuant to this section. These fingerprints shall be on a
form provided by the criminal identification section and shall be accompanied by such
other information regarding the physical description and the date and place of death as
the criminal identification section may require. Fingerprints taken pursuant to this
section shall be used only for the purpose of purging criminal history files. All
information and data in the criminal identification section of the department of public
safety furnished in compliance with this section is confidential and may be disclosed
only upon written approval of the director of public safety to the juvenile court, social
agencies, public health and law enforcement agencies, licensed or regulated by this
state.

11-594.01 Immunity relating to organ donation
A county medical examiner, a licensed physician acting with the permission of a
medical examiner and those persons assisting a physician shall not be held civilly or
criminally liable for any acts performed in good faith pursuant to section 11-594,
subsection C.

11-594 Powers and duties of county medical examiner
A. The county medical examiner or a licensed physician employed to perform such
functions shall:
1. Be responsible for medical examination or autopsy of a human body when death
occurred under any of the circumstances set forth in section 11-593, subsection A.
2. Take charge of the dead body of which the medical examiner is notified and,
after making inquiries regarding the cause and manner of death, examine the body.
3. Certify to the cause and manner of death following a medical examination or an
autopsy, or both.
4. Make inquiries regarding the cause and manner of death, reduce the findings to
writing and promptly make a full report on forms prescribed for that purpose.
5. Execute a death certificate provided by the state registrar of vital statistics
indicating the cause as well as the manner of death for those bodies on which a medical
examination or autopsy is performed.
6. Notify the county attorney when death is found to be from other than natural
causes.
7. Notify the appropriate city, town, county or state law enforcement agency if
further investigation by such agency appears necessary.
8. Carry out the duties specified under section 28-668.
9. Carry out the duties specified under title 36, chapter 7, article 3.
B. The county medical examiner may:
1. Appoint qualified professional, technical and clerical personnel as necessary
for the administration of the office, subject to approval of the board of supervisors.
2. Authorize qualified practicing physicians in local areas to perform medical
examinations required of the county medical examiner. Authorization and the amount to be
paid by the county for physician services are subject to approval of the board of
supervisors.
C. The county medical examiner or a licensed physician employed to perform these
functions may:
1. Authorize the taking of anatomical gifts as they prove to be usable for
transplants or other treatment or therapy if all of the requirements of title 36, chapter
7, article 3 are met. The medical examiner shall give this authorization within a time
period that permits a medically viable donation.
2. Authorize licensed or authorized physicians, surgeons or trained technicians who
remove parts of bodies to perform any part of a necessary medical examination provided
they follow a protocol established by the medical examiner or a person authorized to act
as the medical examiner.
3. Limit the removal of organs or tissues for transplants or other therapy or
treatment if, based on a physical examination of the body within a time that permits a
medically viable donation, their removal would interfere with a medical examination,
autopsy or certification of death. If the medical examiner limits the removal of organs
or tissue, the medical examiner shall provide a written explanation of this decision to
the organ procurement agency within three working days of the physical examination.
D. If a dispute arises over the findings of the medical examiner's report, the
medical examiner shall, upon an order of the superior court, make available all evidence
and documentation to a court-designated licensed forensic pathologist for examination,
and the results of the examination shall be reported to the superior court in the county
issuing the order.
E. For providing medical examinations and reports pursuant to subsection C of this
section, the medical examiner may charge a fee established by the board of supervisors
pursuant to section 11-251.08.

11-595 Right to enter premises; right to seize articles
A. The county medical examiner or any person performing the duties of a county
medical examiner may enter any room, dwelling, building or other place in which the body
or evidence of the circumstances of the death requiring investigation may be found,
provided that a law enforcement agent investigating the death obtains a search warrant
for private property other than in the immediate location where the body was found.
B. The county medical examiner or any person performing the duties of a county
medical examiner, with the permission of the law enforcement agent investigating the
death may take into his or her possession any object or article found on the deceased or
in the deceased's immediate vicinity which in his or her opinion may aid in the
determination of the deceased's identity or determination of the cause or manner of
death. Upon completion of his or her findings, the medical examiner or the person
performing the duties of a county medical examiner shall within thirty days, deliver such
object or article to the law enforcement agency concerned, the legal representative of
the deceased or to the county treasurer.

11-596 Removal or disturbance of body or effects or weapons without consent prohibited
No human body or body suspected of being human shall be removed from the place where
the death, if the death is of a nature requiring investigation occurred without first
obtaining permission of the county medical examiner or the person performing the duties
of a county medical examiner. No embalming, cleansing of the surfaces of the body or
other alteration of the appearance or state of the body, clothing or personal effects
shall be performed until the permission of such official has been obtained. No person,
except a law enforcement agent in the performance of his or her duties, shall remove from
the place of death or from the body of the deceased any of the effects of the deceased,
or instruments or weapons that may have been used in the death requiring investigation,
unless prior permission of the county medical examiner, the person performing the duties
of a county medical examiner or the investigating law enforcement agent has been
obtained.

11-597 Autopsies; reports; exemption from liability
A. The county medical examiner or person performing the duties of a county medical
examiner shall conduct such investigation as may be required and shall determine whether
or not the public interest requires an autopsy or other special investigation. In his or
her determination of the need for an autopsy, the county medical examiner or person
performing the duties of a county medical examiner may consider the request for an
autopsy made by private persons or public officials. If the county attorney or a
superior court judge of the county where the death occurred requests, the county medical
examiner or the licensed physician performing the duties of a county medical examiner
shall perform an autopsy.
B. The county medical examiner or the licensed physician performing the duties of a
county medical examiner shall perform an autopsy in cases of sudden and unexplained
infant death in accordance with protocols adopted by the director of the department of
health services. If the examiner determines that the infant died of sudden infant death
syndrome, the examiner shall notify the department of health services. The examiner may
take tissue samples for research purposes from an infant who died of sudden infant death
syndrome if the tissue removal is not likely to result in any visible disfigurement,
except that tissue samples for research purposes shall not be taken if a parent of the
infant objects on the grounds such procedure conflicts with personal beliefs.
C. If an autopsy is performed, a full record or report of the facts developed by
the autopsy in the findings of the person making such autopsy shall be properly made and
filed in the office of the county medical examiner or the board of supervisors. If the
person performing the autopsy determines that the report should be forwarded to the
county where the death occurred or the county wherein any injury contributing to or
causing the death was sustained, he shall forward a copy of the report to the county
attorney.
D. A county attorney may request and upon request shall receive from the county
medical examiner or a person performing the duties of a county medical examiner a copy of
the report on any autopsy performed.
E. The county medical examiner or person performing the duties of a county medical
examiner may perform such other tests deemed necessary to determine identity, cause and
manner of death and may retain tissues, specimens and other biological materials for
subsequent examination.
F. When an autopsy or such other tests are performed by the county medical examiner
or person performing the duties of a county medical examiner, no cause of action shall
lie against the physician or any other person for requesting the autopsy or for
participating in the autopsy.

11-598 Exhumation; court order
If in any case of sudden, violent or suspicious death a body is buried without any
inquiries by the county medical examiner or person performing the duties of a county
medical examiner, the county attorney of the county wherein the body is buried may
petition the superior court for an order directing that the body be exhumed and an
autopsy performed thereon. The court after hearing may order that the body be exhumed
and that an autopsy or such other investigation as the court deems appropriate be
performed.

11-599 Cremation
When a funeral director or embalmer is requested to cremate or prepare for cremation
the body of a dead person, he or she or any other person having knowledge of an intention
to so cremate shall notify the county medical examiner or if there is no county medical
examiner within the county, the county sheriff and request that an examination of the
death certificate be made prior to the cremation. If there is no medical examiner within
the county, the county sheriff shall notify and secure a licensed physician to examine
the death certificate. If after examination the county medical examiner or person
performing the duties of a county medical examiner is satisfied that there is no evidence
of foul play or violence, he or she shall so certify and a copy of such certification
shall be attached to the death certificate.