Assigned to JUD                                                                                                                                   FOR COMMITTEE

 

 


 

ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.B. 1143

 

jps pro tempore; hearing officers

 

Purpose

 

                Creates new rights for hearing officers, including preference in Justice of the Peace (JP) pro tempore appointments, potential reimbursement of mileage expenses and the power to officiate over a marriage ceremony.

 

Background

 

            Hearing officers are appointed by a presiding superior court judge to preside over small claims divisions without pay.  Hearing officers are subject by the Commission on Judicial Conduct to the same punitive measures as judges, such as removal and censure, and cannot hold office within a political party.  Because hearing officers are held to the same standards as paid judiciary professionals, some hearing officers suggest that benefits should be created as well.

 

Three incentives for hearing officers are set forth in S.B. 1143.  First, preference is to be given to hearing officers for the paid position of JP pro tempore.  Current law does not specify that any person should be given preference for this position.  Second, hearing officers may be reimbursed for mileage expenses accrued while performing official duties.  Currently, mileage costs are the responsibility of the individual hearing officer and not the county.  Third, like justices of the peace, clergy and judges, this bill allows hearing officers to perform marriage ceremonies.

 

Any potential impact on the state general fund is unknown at this time.

 

Provisions

 

1.      Entitles hearing officers to preference for JP pro tempore appointments.

 

2.      Allows counties to pay hearing officers’ mileage expenses.

 

3.      Extends powers and duties of a hearing officer to include authority to perform marriage.

 

4.      Makes technical changes.

 

5.      Provides for a general effective date.

 

 

Prepared by Senate Staff

February 8, 2002