ARIZONA STATE SENATE
Phoenix, Arizona
court funding; study committee
Establishes the Joint Study Committee on State Funding of the Court System. Increases certain adult probation and juvenile supervision fees.
The
Arizona court system is currently funded through a combination of State,
county, city, federal and private funds.
Proponents of this legislation believe that the current funding approach
causes some difficulties, such as a disparity in court resources between
individual counties, cities and towns.
Other states’ court systems have adopted state funding to deal with
these types of disparities. According
to the National Center for State Courts (NCSC), 34 states have transferred the
majority of trial court funding responsibility from local governments to state
governments. NCSC reports that there
has been a steady trend in this direction for 25 years.
H.B. 2289 establishes the Joint Study Committee on State Funding of the Court System to review and make recommendations for state funding of the Arizona court system. A phase-in approach for State funding may also be evaluated. Additionally, this legislation increases certain adult probation and juvenile supervision fees and maintains the time payment fee at $20.
According to Joint Legislative Budget Committee staff, increasing probation fees will generate over $1.7 million in fiscal year 2002-2003. Furthermore, continuing the time payment fee at $20 rather than allowing the fee to revert to $12 at the end of calendar year 2003 will generate approximately $2.9 million in FY 2003-2004 from the extra eight dollars.
1. Creates the Joint Study Committee on State Funding of the Court System.
2. Requires the Committee to:
a) Review state funding of the Arizona court system.
b) Examine state funded systems and recommend those components of the judicial system that should be funded by the state.
c) Recommend a plan for the state funding of the judicial system, including the time period for implementation and the source of revenues for the increased State responsibilities.
3. Provides for membership of the Committee as follows:
a) Three members from the House of Representatives, appointed by the Speaker of the House (Speaker), not more than two of whom are members of the same political party. One member serves as co-chair.
b) Three members from the Senate, appointed by the President of the Senate (President), not more than two of whom are members of the same political party. One member serves as co-chair.
c) The Chief Justice of the Supreme Court or the Chief Justice’s designee.
d) The administrative director of the Administrative Office of the Courts or the administrative director’s designee.
e) One member who is a presiding judge, appointed by the Chief Justice of the Supreme Court.
f) One justice of the peace who represents a county with a population of less than 500,000 persons, appointed by the President.
g) One justice of the peace who represents a county with a population of more than 500,000 persons, appointed by the Speaker.
h) One member who represents the Governor’s Office, appointed by the Governor.
i) One member who represents a county with a population of less than 500,000 persons, appointed by the County Supervisors Association.
j) One member who represents a county with a population of more than 500,000 persons, appointed by the County Supervisors Association.
k) One member who is a clerk of the court, appointed by the Arizona Association of Counties.
l) One member who represents a municipality, appointed by the Arizona League of Cities and Towns.
m) One member who is a public defender, appointed by the Arizona Public Defenders Association.
n) One public member, appointed jointly by the President and Speaker.
o) One county attorney, appointed by the Arizona Prosecuting Attorneys Advisory Council.
4. Requires the staffs of the County Supervisors Association and the Administrative Office of the Courts to provide technical assistance to the Committee.
5. Requires the Committee to submit a report containing its recommendations to the following entities: the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, the Association of County Supervisors and the Arizona League of Cities and Towns by June 30, 2003, a copy of which must also be sent to the Secretary of the State and the Director of the Arizona State Library, Archives and Public Records.
6. Contains a delayed repeal date of December 31, 2003.
Court Fees
7. Increases, from $40 to $50, fees for adult probation and juvenile supervision.
8. Increases, from $30 to $50, the monthly fee for persons being supervised in Arizona under the interstate compact for the supervision of parolees and probationers.
9. Maintains the time payment fee at $20 rather than reducing the fee to $12 after December 31, 2003.
Miscellaneous
10. Provides for a general effective date.
Amendments Adopted by Appropriations Committee
1. Makes the Arizona Public Defenders Association responsible for appointing a public defender to serve on the Committee.
2. Increases fees for adult probation and juvenile supervision
3. Increases the fee for persons being supervised in Arizona under an interstate compact.
4. Maintains the time payment fee at $20.
JUD 1/29/02 DPA 9-1-0-0-0 JUD 4/16/02 DP 7-0-1-0
RGO 3/19/02 DPA 8-0-0-2-0 APPROP 4/23/02 DPA 11-1-0-0
3rd Read 4/04/02 38-16-6-0
Prepared by Senate Staff
April 26, 2002