Arizona Judicial Branch

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JPs QUALIFICATIONS

Rep. Rios

Sets qualifications for the position of Justice of the Peace to be at least 25 years old and any one of the following:

·         Completed 60 credit hours of postsecondary education.

·         Certified by the Peace Officers Standards and Training Board.

·         Served as a magistrate for at least 3 years.

This bill did not receive a hearing.

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TECHNICAL CORRECTION; TAX COURT DECISIONS

Rep. Gray

Makes minor changes to the statutes regarding the publication of tax court decision.

This bill did not receive a hearing.

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VICTIMS’ RIGHTS; LEGAL STANDING

Rep. Tully

Expands the legal standing of a victim to allow the victim to invoke victim’s rights during an appellate proceeding.  (A modified version was included in Chapter 260).

This bill did not receive a hearing.

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HOMEOWNERS ASSOCIATION PENALTIES; NOTICE; HEARING

Rep. Gray

Jurisdiction and required hearings for persons contesting penalties imposed by planned-community or condominium associations is conferred on the Justice of the Peace by the original bill. If an association levies a fine of $250 or more it is required in inform the person in writing of the person’s right to have a Justice of the Peace hearing.

The bill was stricken in the senate with language that allows the owner of an outdoor advertising structure that is allegedly in violation to remedy the violation and applies this legislation to court or administrative proceedings that have not been brought to a final adjudication.

This bill passed the House, but was retained in Senate Committee of the Whole.

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SOCIAL SECURITY NUMBERS; GOVERNMENT REQUEST

Rep. Gray

State and political subdivisions are prohibited from asking for a social security number on any form unless otherwise required by federal law.  Later amended to include certain exceptions and excluding applicability to the judicial branch. 

This bill passed the House and the Senate Government Committee, but was not heard in the Senate Committee of the Whole.

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VULNERABLE ADULTS; FINANCIAL ABUSE

Rep. Mason, et al

A person is guilty of theft of assets of an incapacitated person through intimidation or deception. This bill would add “undue influence” to that list which is defined as “emotional exploitation, taking unfair advantage or taking grossly oppressive advantage of another person.”

This bill was did not receive a hearing.

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RESTITUTION; ECONOMIC LOSS DEFINITION

Rep. Farnsworth

The definition of economic loss as it is used to calculate restitution in criminal cases includes future lost earnings of the victim while excluding punitive damages and damages for pain and suffering. The victim is responsible for providing evidence necessary to establish economic loss to either the prosecutor or the court.

This bill passed the house, but was not heard in the Senate Judiciary Committee.

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COMPETENCY EVALUATION EXAMINATIONS; COSTS

Rep. Farnsworth

If a court determines that a criminal suspect should undergo a mental competency examination or one is requested by the prosecution, the suspect shall pay the costs of the examination. Currently, if referred by a municipal court judge, the city pays the cost; otherwise the county is responsible for the expense. If the person was found to be indigent, the city or county would still pay for the exam.

The provisions are included in Chapter 252, SB 1013

This bill passed the House, but was never heard in the Senate Committee of the Whole.

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MATERNITY; PATERNITY; PROCEEDINGS

Rep. Hershberger, et al

Makes changes to court proceedings involving paternity petitions and child support for disabled children who have reached the age of majority based on recommendations made by the Child Support Committee. Some of the provisions include:

·         Allows the courts to enter a judgment of paternity or maternity immediately if the respondent does not file a response, or if a written response of admission is submitted.

·         Requires the court to resolve relevant issues to a case, such as custody and visitation, at the time that paternity or maternity is established and a judgment has been entered.

·         Allows the court to order child support continue past the age of majority if certain conditions are met.

The provisions are included in Chapter 130, HB 2249. 

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ORDERS; RECORDING REQUIREMENTS; PATERNITY REGISTRY

Rep. Hershberger, et al

Requires the Department of Economic Security to create and maintain a paternity registry. The Clerk of the Superior Court is required to transmit court orders to DES for the purpose of maintaining the registry.  

The provisions are included in Chapter 108, SB 1314.

This bill did not receive a hearing.

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JUSTICE COURTS; JURISDICTIONAL LIMIT

Rep. Gray

The jurisdictional limit for Justice of the Peace courts is expanded to include matters up to $30,000 rather then the current $10,000.

This bill did not receive a hearing.

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PERSONS WITH DEVELOPMENTAL DISABILITIES; GUARDIANSHIP

Rep. Hershberger, et al

The DES Department of Developmental Disabilities Division is allowed to offer guardianship services. The bill states that any service provider who is providing guardianship services shall not provide services that would cause a conflict of interest or that would jeopardize the provider’s ability to represent the person with developmental disabilities.

The provisions are included in Chapter 291, HB 2242.

This bill passed the House but was not heard in the Senate Family Services Committee.

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MENTAL HEALTH SERVICES; CONFIDENTIAL INFORMATION

Rep. Hershberger, et al

Requires medical records and information obtained in the course of evaluation and treatment to be confidential records in Title 36 and Title 14, Chapter 5 proceedings. Allows a legal representative of the party who is the subject of a court proceeding access to the patient’s information and records in the possession of a health care entity or field with the court, correcting an unintended consequence of the last sessions HIPPA legislation. This proposal was part of the AJC legislative package.

The provisions are included in Chapter 206, SB 1353.

This bill did not receive a hearing.

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CONCILIATION COURT; LIFTING OF STAY

Rep. Nelson, et al

If a spouse does not participate in the required conciliation services, the other spouse may ask the court to lift the conciliation stay and allow the action for annulment or dissolution to proceed.

This bill did not receive a hearing.

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SENTENCING; AGGRAVATING CIRCUMSTANCES; MISDEMEANORS

Rep. Lopez, et al

Provides for a 50% increase in sentencing for a misdemeanor offender if it was also found that the person committed the offense with malice toward the victim because of their race, religion, gender, disability, national origin, or sexual orientation. 

This bill did not receive a hearing.

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JP COURTS; PRODUCTIVITY CREDITS; COMPENSATION

Rep. Tully

Maricopa County supervisors may pay a Justice of the Peace productivity-credit compensation even if the JP's credits are below the prescribed level when the JP hears cases in other precincts.

This bill did not receive a hearing.

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PROSTITUTION; SENTENCING

Rep. Gray, et al

Creates mandatory sentencing requirements for first and second time offenders, also eliminating the possibility of probation. Third time offense is a Class 6 Felony, and a plea to a lesser charge is prohibited. 

This bill did not receive a hearing.

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ADMINISTRATIVE LAW JUDGES; CONFIDENTIAL INFORMATION

Rep. McClure, et al

An administrative judge can request restrictions on public access to some personal information that is contained in property and voter registration records.

This bill did not receive a hearing.

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CLEAN ELECTIONS; JUDICIAL OFFICES

Rep. Pearce, et al

Clean Elections Act is expanded to apply to elections for Justice of the Peace and Constable in all counties and to candidates for Superior Court in all counties except Maricopa and Pima.

This bill did not receive a hearing.

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JUDGES; AUTOMATIC INCREASE ELIMINATED

Rep. Pearce, et al

Removes the language providing guidance to the County Board of Supervisors to consider petitioning the governor to add a Superior Court Judge for every 30,000 additional persons in the county.

This bill passed the House but was not heard in the Senate.

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PROBATION; COUNTIES; OFFICERS; FUNDING

Rep. Pearce, et al

Authority over the Adult Probation Department is transferred to the County Board of Supervisors. The County Sheriff could appoint the chief adult probation officer.

This bill did not receive a hearing.

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CLASS 6 FELONIES; RECLASSIFICATION

Rep. Pearce, et al

Bill designed to reclassify certain Class 6 Felony offenses to Class 1 Misdemeanors. A few other reclassifications.

This bill did not receive a hearing.

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EORP; MEMBERSHIP

Rep. Pearce, Rep. Barnes

State and county elected officials, judges and full-time court commissioners who are elected or appointed after 2005 must join the Arizona State Retirement System rather than the Elected Officials Retirement Plan. Upon re-election or retention, a current member of EORP may choose to transfer to ASRS.

This bill failed in the House Public Institutions and Retirement Committee.

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STATE LOTTERY; DISTRIBUTIONS

Rep. McCornish, Rep. Paton

The bill makes many changes to the distribution of state lottery monies to programs. It is intended to simplify the distribution of funds to state programs by having the total collected revenues go into the Lottery Fund.  From there, depending on availability, monies shall be distributed in a specific set amount rather than a percentage to the various programs. One of the many changes would be the addition of the Court Appointed Special Advocate program to the list of programs receiving funding from the Lottery Fund.

This bill passed the House Government Reform Committee, but was held in the Appropriations P Committee.

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EORP; SURVIVING SPOUSE PENSIONS

Rep. Burns

The pension benefit for a surviving spouse of a member of the Elected Officials Retirement Plan is increased from 75% to 80% of the deceased member's benefit. Those members who are currently receiving benefits as a surviving spouse would receive a 6.67% increase.

This bill passed the House Public Institutions and Retirement Committee, but was not heard in the Appropriations B Committee.

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EORP; CONTRIBUTIONS; BUYBACKS

Rep. Burns

Allows active EORP members who are eligible for normal retirement to stop making contributions to the fund while permitting the average yearly salary calculation to include service where no contributions have been made.

This bill passed the House Public Institutions and Retirement Committee, but was not heard in the Appropriations B Committee.

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STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION

Rep. Tully

In cases regarding the right to petition, the court is required to award reasonable attorney fees to the defending party if judgment is rendered in the party’s favor. In these cases, the court must determine the plaintiff's action was a "strategic lawsuit" brought to "deter or prevent the defending party from exercising constitutional rights." Courts must give calendar preference to these cases.

This bill did not receive a hearing.

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RACING ON HIGHWAYS; VEHICLE IMPOUNDMENT

Rep. Rosati, et al

If a person is convicted of racing a vehicle on the highway, the judge may order the vehicle the person was driving at the time of the violation to be impounded for a period not to exceed ninety days. 

This bill did not receive a hearing.

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DRUG TESTING: TAINTED URINE SAMPLES

Rep. Barnes, et al

Makes it a Class 1 Misdemeanor to knowingly or intentionally taint a urine sample required for a drug test. 

This bill passed the House, but failed in the Senate Commerce and Economic Development Committee. 

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JUSTICE COURTS; JURISDICTIONAL LIMITS

Rep. Gray

Referendum for a Constitutional amendment to increase the jurisdictional limits of Justice Courts to $30,000. 

This bill was held in the House Judiciary Committee.

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ELECTION; PRESIDING SUPERIOR COURT JUDGES

Rep. Gray

Referendum for a Constitutional amendment to mandate selection of the presiding Superior Court judge of the county by the Superior Court judges instead of the Supreme Court in counties with more than 2 Superior Court judges. 

This bill failed in the House Judiciary Committee. 

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SUPREME COURT JURISDICTION

Rep. Gray, et al

Referendum for a Constitutional amendment to allow the procedural or evidentiary rules of the court adopted by the Supreme Court to be amended or repealed by the legislature or the people. 

This bill was held in the House Judiciary. 

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SUPREME COURT; ADMINISTRATIVE SUPERVISION

Rep. Gray

Referendum for a Constitutional amendment assigning administrative supervision of the Justice Courts to the presiding Superior Court judge of the county, in cooperation with the Board of Supervisors of the county (instead of the Supreme Court). The Supreme Court would retain supervision over the Superior Courts, Appellate Courts, and Municipal Courts.   

This bill was discussed, but held in the House Judiciary Committee. 

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SEPARATION OF POWERS; JUDICIAL LAWMAKING

Rep. Pearce, et al

Referendum for a Constitutional amendment prohibiting the courts from establishing rules of law on a retroactive basis, stating that the legislature and people are vested with the sole authority to establish laws in the public interest. 

This bill passed the House Judiciary Committee, but was not heard in the Rules Committee. 

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JUDICIAL CONDUCT; OPEN RECORDS; PROCEEDINGS

Rep. Paton, et al

Referendum for a Constitutional amendment requiring documents and proceedings relating to complaints made to the Commission on Judicial Conduct be open to the public. 

This bill did not receive a hearing.

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JUDGES; MERIT SELECTION; POPULATION

Rep. Rios

Referendum for a Constitutional amendment increasing the population threshold where counties would be required to appoint Superior Court judges through the merit selection process to 50,000.

This bill did not receive a hearing.

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JUSTICES AND JUDGES; GOVERNOR APPOINTMENT

Rep. Gray

Referendum for a Constitutional amendment eliminating both the appellate court and trial court nominating commissions.  The bill allows the Governor to appoint any person to fill a vacancy of the appellate court or the superior courts in Maricopa and Pima counties. These appointments would be subject to Senate confirmation.  At the end of their terms, a justice and judge would be subject to retention and Senate reconfirmation every 4 years. 

The bill passed the House Judiciary Committee, but was not heard in the Government Reform Committee.

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COURT APPOINTMENTS; COMMISSIONS; MEMBERS

Rep. Gray

Referendum for a Constitutional amendment mandating the chair of the Senate Judiciary Committee serve as a non-voting member and chair of the Appellate Court Appointment Commission and both trial court appointment commissions.  Also provides that if the Governor does not appoint a nominee to the commission within 60 days, the chair of the Senate Judiciary Committee shall make the appointment. 

This bill passed the House, but was used as a striker in the Senate.

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PERSONS EXCUSED FROM JURY SERVICE

Sen. Harper

Outlines excuses from jury service, including military service, being out of the state, persons 75 years or older, or lack of transportation. 

This bill passed the Senate.  However, the bill was used as a striker in House Judiciary Committee, allowing justices of the peace to appoint employees. Establishes a study committee to examine how JP productivity credits would be calculated. 

This striker passed the House Judiciary Committee, but did not receive any further hearings. 

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JURIES; PERSONS EXCUSED FROM SERVICE

Sen. Tibshraeny, et al

Allows persons 72 years of age or older, to be temporary or permanently excused from jury service. 

This bill did not receive a hearing.

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JURIES; PERSONS EXCUSED FROM SERVICE

Sen. Jarrett, et al

Outlines excuses from jury service, including military service, being out of the state. Persons 70 years or older are permanently excused from service. 

This bill did not receive a hearing.

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ORDERS OF PROTECTION; SERVICE

Sen. Johnson, et al

An attempt to simplify the service of orders of protection by stating that any person authorized to conduct service of process shall serve an order if requested by the plaintiff, regardless of the jurisdiction.

This bill did not receive a hearing.

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JUSTICE OF THE PEACE; DUTIES

Sen. Jarrett, et al

Prescribes the duties of a Justice of the Peace, including administrative management of the Justice Court , employing personnel, scheduling hearings, and cooperating with the Supreme Court regarding administrative matters. 

This bill passed the Senate Judiciary Committee, but was retained on the COW calendar. A Supreme Court administrative order was issued incorporating some of the provisions of this bill. 

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PRESIDING JP; DUTIES

Sen. Jarrett, et al

Prescribes the duties of the presiding Justice of the Peace, including exercising administrative duties over Justices of the Peace, JP pro tem and hearing officers; performing other duties prescribed by law and assisting in the preparation of the expenditure plans for the Justice Courts. 

This bill passed the Senate, but did not receive a hearing in the House. A Supreme Court administrative order was issued incorporating some of the provisions of this bill.

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COURT JUDGMENTS; LEGISLATIVE APPROVAL

Sen. Blendu

Referendum for a Constitutional amendment requiring legislative approval of court judgments of $1 million dollars or more, or any judgment that called for a statutory change.

This bill failed in the Senate Judiciary Committee. 

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SUPERIOR COURT JUDGES; SUPERVISORIAL DISTRICTS

Sen. Verschoor

Referendum for a Constitutional amendment eliminates the commission on trial court appointments and mandates the Board of Supervisors in counties with populations over 250,000 to establish judicial districts that parallel supervisor districts. Superior Court judges are to be elected within these districts. Vacancies are to be filled by the Governor, from nominees by the Board of Supervisors, until the next election.  In counties less than 250,000 persons, the Governor shall fill vacancies. 

This bill did not receive a hearing.

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JUSTICE AND JUDGES; SENATE CONFIRMATION

Sen. Tibshraeny, et al

Referendum for a Constitutional amendment on judicial selection.  Requires the Governor to submit her nominees for the state Supreme Court, Court of Appeals and Superior Court in a county with a population of 400,000 persons or more to the state Senate for approval, allows the Senate or the Senate president to call the Senate into special session at any time to consider a judicial appointment. If the Senate does not reject an appointee by a majority vote of its members within 60 days after appointment by the Governor, the appointee will take office as if the appointee had been confirmed. Extends the term of office of a justice or judge of the Supreme Court and Court of Appeals to 10 years from six and the term of trial court judges to six years from four.  Removes the requirement for Senate approval of Governor's appointees to judicial nominating commissions and adds three members to the Appellate and Trial Commissions, to be appointed by the Governor.  Removes the requirement that the 13 other members of the Commissions be non-attorneys.  Permits the Appellate Commission and the Trial Court Commissions to propose amendments to the rules of procedure by both Commissions by a majority vote of each Commission voting to amend the rules.  Requires the Supreme Court to adopt a procedural rule change for the Commissions if the rule is accepted by a majority vote of each Commission and are lawful. 

This bill passed the Senate, but did not receive a hearing in the House.