Assigned to JUD & APPROP                                                                                                               FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1124

 

judicial productivity credits; additional salaries

 

Purpose

 

Increases the qualifications necessary to serve as a Justice of the Peace (JP).  Revises the formula for calculating judicial productivity credits (JPCs) used to determine a JP’s salary.

 

Background

 

Justice courts have jurisdiction over civil matters worth under $10,000 and criminal offenses punishable by fines not exceeding $2,500 or six months imprisonment.  A JP presides over Justice Courts and is elected to a four-year term.  Arizona law requires a JP to be a U.S. citizen, an Arizona resident, at least 18 years of age at the time of election, an elector of the precincts to which the JP is elected and able to speak, read and write English.  Salaries vary from court to court and are based upon a formula used to calculate JPCs.  The formula takes into account the perceived amount of court time related to specific types of cases, such as traffic filings or felony complaints.  S.B. 1124 increases JP qualifications and modifies the formula used for determining a JP’s salary.

 

Any potential fiscal impact to the state general fund is undetermined at this time.  A fiscal note has been requested.

 

Provisions

 

JP Qualifications

 

1.      Increases minimum age to 30 years of age.

 

2.      Requires educational minimums, including either:

 

a)      60 credit hours of postsecondary instruction.

b)      45 credit hours of postsecondary instruction and certification by the Arizona Peace Officers Standards and Training Board.

 

3.      Requires the Judicial Conduct Commission to implement a JP orientation program that includes training and education on the duties, ethics and responsibilities of a JP and to certify a JP’s attendance at the orientation program.

 

4.      States that a candidate must successfully complete a one-day JP orientation program before filing a nominating petition for the office of JP.

 

5.      Excludes JPs who were elected to serve before December 31, 2002 from meeting the new qualification provisions of this act.

 

6.      States that provisions related to JP qualifications become effective on January 1, 2003.

 

JP Compensation

 

7.      Includes small claims filings heard by volunteer hearing officers, petty offenses and all civil and criminal traffic filings in the calculation of JPCs.

 

8.      Adjusts the compensation levels as related to caseload as follows:

 

a)      adjusts the highest salary tier from a minimum of 500 to a minimum of 700 JPCs.

b)      adjusts the upper limit of the second salary tier from 499 credits to 699 credits.

 

9.      Prohibits a JP with JPCs of 700 or more from sitting as a city magistrate and from collecting any additional salary from any other court.

 

Miscellaneous

 

10.  Provides for a general effective date, except as otherwise noted.

 

 

Prepared by Senate Staff

February 8, 2002