ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
jps pro tempore; hearing
officers
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.
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 both hearing officers and JPs pro tempore to
perform marriage ceremonies.
Any potential impact on the
state general fund is unknown at this time.
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 and a JP pro tempore to include authority to perform marriage.
4. Makes technical changes.
5. Provides for a general effective date.
Amendments Adopted by Committee
1.
Stipulates
that hearing officers with ten or more years continuing appointment as a
hearing officer will be given preference in JP pro tempore appointments.
2.
Adds
JPs pro tempore to those individuals eligible to perform marriage ceremonies.
3.
Defines
JP pro tempore.
Senate Action
JUD 2/12/02 DPA 6-0-2-0
Prepared by Senate Staff
February 13, 2002