For more information about this proposal please contact:
Aaron Nash, Director
Certification & Licensing Division
Arizona Supreme Court and Administrative Office of the Courts
1501 W. Washington St., Ste. 104
Phoenix, AZ 85007
602-452-3378
[email protected] Comment Deadline: April 28, 2023
The Fiduciary Board requested division staff to recommend proposed changes to the Arizona Code of Judicial Administration (ACJA) that would address issues raised by members and the public related to complainants.
The Division proposes the following changes to ACJA § 7-201(H)(1)(e) related to complainants:
• (H)(1)(e): Removes the provision regarding complainants requesting notice of proceedings related to the complaint because notification will be required under proposed 7-201(H)(1)(e)(3)(c).
• (H)(1)(e)(2): Technical change requiring division staff to “provide” information as a more accurate term than “forward.” Language added in this section to clarify that staff may use email as a faster and more efficient method of providing information when authorized by the complainant.
• (H)(1)(e)(3): Because the proposed amendments impose mandates on division staff, added “To the extent practicable” to account for complainants who specifically do not want further notification, such as court staff, and complainants who cannot be located, who do not respond, or who pass away.
• (H)(1)(e)(3)(b) and (e) and (H)(1)(e)(5): Technical changes of double-digit numbers to numerals.
• (H)(1)(e)(3)(c): Except where impracticable under subsection (3) as described above, mandates notice to complainants of proceedings related to their complaint. A copy of the materials being submitted to the board must accompany the complainant’s notification of the proceeding, giving complainants time to review the division’s findings and recommendations in advance of the public meeting.
• (H)(1)(e)(4): Mandates that division staff inform the board that the complainant was notified and provided a copy of the materials. Alternatively, division staff must explain why notification was not provided, such as a complainant declining notice or not being able to locate the complainant.
• Adds a new subsection (H)(1)(e)(5) allowing complainants 45 days from the meeting date when a board decision is made on the complaint to request reconsideration based on the complainant’s failure to receive notice.
• Renumbers existing subsection (H)(1)(e)(5) to (H)(1)(e)(6).
Existing language remains in subsection (H)(1)(e)(4) that failure to comply with the notice provisions does not affect the ultimate disposition of the complaint. The board maintains the ability to defer a matter to a future meeting if not satisfied with the division’s notification efforts.