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 is March 11, 2024
In 2023 the Certification and Licensing Division (Division) proposed changes to the Arizona Code of Judicial Administration (ACJA) § 7-204 to clarify responsibilities of private process server certificate holders, the clerks of court, and the court regarding when a certificate is suspended, revoked, expired, or voluntarily surrendered; to simplify expiration and renewal time frames; and to clarify continuing education requirements while conforming the self-study and real-time education requirements to those of other regulated programs.
Following an October 2023 presentation, the Arizona Judicial Council (AJC) directed the Division to modify its proposal in response to comments from the public and from AJC members. In December 2023, the AJC voted to adopt the changes referenced above, which were implemented by the Court through Administrative Order 2023-227.
During the December 2023 meeting, the Division’s update to the AJC included Arizona’s courts and the State Bar as possible resources for private process server continuing education. However, if those resources were available, it would only be during regular business hours for real-time instruction. The Division’s presentation referenced a process server education content provider who indicated they could meet the demand for real-time education. The AJC heard public comments related to the continuing education requirements, including comments from process servers that it would be difficult to obtain the proposed minimum real-time continuing education.
As a result of input from the public, and following AJC discussion during the December 2023 public meeting, the AJC requested the Division to provide additional information about process servers’ ability to access continuing education relevant to their field of practice and at times and locations appropriate to a process server’s varying and unpredictable work demands.
After consultation with the Administrative Office of the Courts’ executive office, the Division proposes that continuing education requirements adapt to process servers’ ability to access continuing education relevant to their field of practice and at times and locations appropriate to a process server’s varying and unpredictable work demands. This approach is in response to comments raised by process servers who commented on the prior proposals, who spoke at the AJC’s public meeting, and in response to questions raised by AJC members.
During review, additional edits, corrections, and clarifications were identified throughout the code section. The Division’s proposal includes the following modifications to ACJA § 7-204:
Style, organization, and non-substantive edits throughout.
Substantive changes:
Definition and structure related to the complaint and discipline process is proposed throughout. Timeframes related to notice and hearings are adjusted to better reflect the time needed for scheduling and processing court matters.
(F)(7) and (L)(2): Reduces mandatory continuing education from 10 hours each year to three hours each year and cites internally to Code of Conduct topic areas in sections (J) and (L)(4)(a). Public comment is anticipated, with stakeholder arguments for a higher or lower minimum continuing education requirement. Three hours is proposed to allow for competence in regulated subject matter: changes to statutes, court rules, and ACJA changes; plus ethics and professionalism required when serving process.
(L)(4)(n): Allows process servers to obtain the minimum yearly continuing education credits entirely through self-study. Credits may be obtained through any combination of self-study or real-time courses.
Additional section:
(E)(2)(e): This section proposes stylistic and organization changes. Because the counties administer reexaminations, the Division did not propose changes to the requirement that an applicant wait 90 days to retake the certification exam and get written permission to do so. However, the Division welcomes public comment and proposed language related to this provision.