ARIZONA STATE SENATE
Phoenix, Arizona
judicial productivity
credits; additional salaries
Purpose
Increases the training and
education 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 various matters, including civil matters worth under $10,000,
domestic violence protection orders, criminal offenses punishable by fines not
exceeding $2,500 or six months imprisonment and felonies for purposes of
issuing warrants and conducting preliminary hearings. 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 precinct 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 training and education requirements and modifies
the formula used for determining a JP’s salary.
The Joint Legislative Budget
Committee staff estimates the bill will have no state general fund impact in FY
2002-2003.
Provisions
1. Requires the Commission on Judicial Conduct 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.
2. States that a candidate must successfully complete an eight hour JP orientation program before filing a nominating petition for the office of JP.
3. Requires a JP to complete an education program offered by the Arizona Supreme Court after election or appointment and before hearing and determining cases.
4. Excludes JPs who were elected to serve before December 31, 2002 from meeting the new qualification provisions of this act.
5. States that provisions related to JP qualifications become effective on January 1, 2003.
6. Includes small claims filings heard by volunteer hearing officers and petty offenses into the calculation of JPCs and changes the rate of calculation for certain criminal traffic filings.
7. Adjusts the compensation levels as related to caseload as follows (does not apply to JPs holding office on the effective date of this act who continuously hold office as a JP in the same justice court precinct):
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.
8. 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 beginning on January 1, 2003.
9. Provides for a general effective date, except as otherwise noted.
Amendments
Adopted by Committee
1. Lowers the age requirement contained in the legislation for Justices of the Peace from at least 30 years of age to at least 25 years of age.
2. Specifies that the JP orientation program shall be an "eight hour" rather than "one day" program.
3. Stipulates that beginning January 1, 2003, a JP who has successfully completed a specified Arizona Supreme Court education program may hear and determine cases in justice or municipal courts.
4. Makes technical changes.
Amendments Adopted by Committee of the Whole
1. Incorporates the language of the Judiciary Committee amendment.
2. Strikes the language in the bill that increased age requirements and postsecondary education qualifications.
3. Specifies that the restriction against JPs with JPCs of 700 or more sitting as a city magistrate or collecting additional salary from any other court does not apply until January 1, 2003.
4. Specifies that the adjustments to JPCs contained in this legislation do not affect JPs in office on the effective date of this act.
Senate Action
JUD 2/12/02 DPA 4-3-1-0
3rd Read 3/21/02 28-1-1-0
Prepared by Senate Staff
March 22, 2002