judicial productivity
credits; additional salaries
DPA |
Committee on Judiciary |
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DPA |
Committee on Appropriations |
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X |
Caucus and COW |
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Third Read |
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As Passed the House |
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SB 1124 establishes training requirements for candidates for justice of the peace and modifies the existing formula used in the computation of judicial productivity credits for purposes of determining compensation for justices of the peace.
SB 1124 was amended in the Judiciary Committee to allow justices of the peace to serve as city magistrates and to require candidates for justice of the peace to attend an eight-hour orientation program.
SB 1124 include the changes in the Judiciary Committee amendment and to clarify that justice of the peace candidates will not have to attend the orientation program before filing a nominating position until January 1, 2004. The amendment also outlines the material to be covered in the orientation for appointed or elected justices of the peace and states that any test administered as part of the orientation must be limited to the instructional areas addressed in the program. Finally, the amendment raises the maximum number of judicial productivity credits, above which a justice of the peace cannot serve as a city magistrate, from 700 to 1000.
History
Each county board of supervisors divides its county into justice precincts, within which justices of the peace are elected to a four-year term of office. Justices of the peace have jurisdiction for civil actions when the amount in controversy is $10,000 or less. For criminal actions, justices of the peace have jurisdiction for misdemeanors and other crimes when the maximum possible fine is less than $2,500 (not including surcharges) or the maximum possible jail time is less than six months. Justices of the peace have jurisdiction for felonies for the limited purpose of commencing action and conducting preliminary hearings.
Justices of the peace are compensated on the basis of total judicial productivity credits (JPCs) of each court as reported in statistics compiled by the Arizona Supreme Court according to a statutory formula. The formula is based on:
Ø Total civil filings, excluding small claims filings heard by a volunteer hearing officer.
Ø Total felony complaint filings.
Ø Total misdemeanor filings.
Ø Total filings for violations of certain misdemeanor and civil traffic regulations.
Ø Total of all other traffic filings (this provision is given less weight than the total filings for violations of certain misdemeanor and civil traffic regulations).
Training for Justices of the Peace Elected
or Appointed After 12/31/02
· Requires candidates for justice of the peace to successfully complete an eight-hour orientation program prior to filing a nominating petition.
· Requires the Commission on Judicial Conduct to implement the orientation program and issue certificates to certify that the candidate has received the orientation that includes training relating to the duties, ethics and responsibilities of the office of justice of the peace.
· After January 1, 2003, prohibits an elected or appointed justice of the peace from hearing or deciding cases unless the person has successfully completed the continuing education program established by the Arizona Supreme Court.
Judicial Productivity Credits
· Adds small claims filings heard by a volunteer hearing officer to total civil filings for purposes of computing JPCs.
· Adds petty offense filings to total misdemeanor filings for purposes of computing JPCs.
· Specifies that total civil traffic filings for exceeding the speed limit on a public highway or interstate are included for purposes of computing JPCs and adds total criminal traffic filings to this provision.
· Specifies that the total of all other civil traffic filings are included in the last provision for computing JPCs (the provision with the least formulaic weight).
· Increases the required JPCs to be compensated at particular percentages of a superior court judge’s salary for a justice of the peace elected or appointed to an initial term of office after the general effective date of this act or for a justice of the peace who holds that office on the general effective date who leaves that office and is subsequently elected or appointed as follows:
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Current JPCs |
SB 1124 JPCs |
% of judge’s salary |
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500 |
700 |
70% |
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200 to 499 |
200 to 699 |
65% |
· Beginning on January 1, 2003, prohibits a justice of the peace with 700 or more JPCs from sitting as a city magistrate or collecting any additional salary from any other court.
SB 1124 was amended
in the Judiciary Committee as follows:
§ Allows justices of the peace to serve as city magistrates.
§ Requires that candidates for justice of the peace attend an eight-hour orientation program, rather than successfully complete the program.
§ Makes a technical change.
SB 1124 was amended
in the Appropriations Committee as follows:
§ Clarifies that justice of the peace candidates will not have to attend the orientation program before filing a nominating position until January 1, 2004. In addition, justices of the peace who were elected or appointed previous to this date do not have to attend the program.
§ Removes language that requires justice of the peace candidates to “successfully complete” the orientation program and states that they must attend the program.
§ Changes the justice of the peace orientation program duration from eight hours to one day and specifies that the Commission on Judicial Conduct shall implement the justice of the peace orientation program. The Commission shall issue certificates to attendees of the program that certify that an attendee of the program has received training and education on the powers, duties and responsibilities of the office of justice of the peace and the judicial code of conduct.
§ Outlines the material to be covered in the new judge orientation program to include instruction over:
§ The jurisdiction of the justice court.
§ The powers, duties and responsibilities of a justice of the peace.
§ The laws, rules and procedures relevant to matters adjudicated in a justice court.
§ States that any test administered as part of the new judge orientation program must be limited to the instructional areas addressed in the program.
§ Raises the maximum number of JPCs that would prohibit a justice of the peace from serving as a city magistrate and collecting additional salary from 700 to 1000.
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45th Legislature
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Second Regular Session 3 April
18, 2002
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