REFERENCE TITLE: justice courts; administration; due process

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2976

Introduced by

Representatives Hernandez A: Biasiucci, Gillette, Hernandez C, Hernandez L, Kolodin, Peña, Rivero, Tsosie

AN ACT

AMENDING Title 22, chapter 1, article 2, Arizona Revised Statutes, BY ADDING SECTIONS 22-126, 22-127, 22-128 and 22-129; relating to justices of the peace.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 22, chapter 1, article 2, Arizona Revised Statutes, is amended by adding sections 22-126, 22-127, 22-128 and 22-129, to read:

START_STATUTE22-126. Due process protections for administrative actions affecting elected justices of the peace; applicability; definitions

A. a state or county entity that takes administrative action that materially affects a justice of the peace's statutory administrative authority shall comply with the following due process requirements:

1. Provide written notice to the justice of the peace of the specific factual and statutory basis for the proposed action.

2. Provide an opportunity to the justice of the peace for a hearing before an independent hearing officer.

3. Make a finding of clear and convincing evidence unless a different standard is required by constitutional law.

4. Provide a right to the justice of the peace:

(a) For representation by counsel.

(b) To present evidence and witnesses.

(c) To receive a written decision that includes findings of fact and conclusions of law.

B. A final decision that is issued pursuant to this section is subject to judicial review under title 12, chapter 7, article 6.

C. An administrative action that violates this section is unenforceable against the affected justice court until the administrative action is brought into compliance with this section.

D. This section applies only to administrative actions that alter, suspend or displace a justice of the peace's statutory authority. This section does not apply to case-specific rulings, judicial discipline proceedings or the exercise of judicial discretion in adjudication.

E. For the purposes of this section:

1. "independent hearing officer" means a person to whom both of the following apply:

(a) The person is not subject to the supervision or control of the entity that initiates the administrative action.

(b) The person may be selected from a judicial, administrative or other neutral roster authorized by law.

2. "Materially affects" means an administrative action that affects the ability of a justice of the peace to exercise the justice of the peace's statutory duties because the administrative action:

(a) Alters, suspends, limits or displaces statutory administrative authority.

(b) Imposes new operational or fiscal obligations.

(c) Results in a substantive change to operational control.

3. "State or county entity":

(a) Includes administrative bodies and officers acting pursuant to state statute.

(b) Does not include the adjudicative functions of any court. END_STATUTE

START_STATUTE22-127. Administrative supervision; applicability; definitions

A. A state or county entity's administrative supervision excludes the following, unless expressly authorized by statute or as necessary to fulfill A state or county entity's constitutional supervisory duties:

1. Operational control of a justice court.

2. Personnel decisions.

3. Payroll or budget management.

4. Orders or directives that displace the statutory authority of an elected justice of the peace.

5. The appointment of supervisors, administrators or designees to assume operational control of a justice court.

B. This section:

1. Applies unless the administrative supervision is otherwise required to ensure the administration of justice or to fulfill constitutional supervisory duties.

2. Governs only statutory interpretation and does not limit or impair the constitutional authority of the Supreme Court under Article VI, section 3, Constitution of Arizona.

C. For the purposes of this section:

1. "Administrative supervision" includes statewide oversight that is necessary to ensure:

(a) Uniform procedural rules.

(b) Judicial education and training.

(c) Standards for case reporting.

(d) Compliance with statewide judicial policies that do not conflict with statute.

2. "State or county entity" has the same meaning prescribed in section 22-126. END_STATUTE

START_STATUTE22-128. Reporting of administrative orders and directives affecting justice courts; definition

A. Any administrative order or directive that is issued by the Supreme Court, the administrative office of the courts or a presiding judge and that materially affects local court governance, statutory administrative authority, personnel management or county fiscal obligations shall be reported to the president of the senate and the speaker of the house of representatives within ten days after the administrative order or directive is issued. The report shall include both:

1. A statement that identifies the statutory or constitutional authority on which the Supreme Court, the administrative office of the courts or a presiding judge relied.

2. A fiscal impact statement that identifies any costs imposed on counties.

B. For the purposes of this section, "materially affects" has the same meaning prescribed in section 22-126. END_STATUTE

START_STATUTE22-129. County funding obligations; unfunded mandates; exception

A. A county is not required to implement new operational, reporting, staffing or technology requirements that are imposed by an administrative order or directive unless both:

1. The Supreme Court issues a fiscal impact statement.

2. The Legislature appropriates sufficient monies to the county to implement the administrative order or directive.

B. This section does not apply to temporary orders or directives that are necessary to address an immediate threat to public safety if monies are requested or appropriated within ninety days after the order or directive is issued. END_STATUTE

Sec. 2. Applicability

A. This act applies to administrative actions that are initiated or that remain ongoing on or after the effective date of this act.

B. This act does not affect the validity of a final judicial determination and does not reopen or invalidate a completed disciplinary proceeding.

C. Any ongoing administrative action that is subject to this act shall be brought into compliance with this act within ninety days after the effective date of this act.

Sec. 3. Legislative findings and intent

A. The legislature finds and declares that:

1. Justices of the peace are elected constitutional officers who are accountable to the voters of their respective precincts.

2. Justice courts are courts of limited jurisdiction that are established by statute, and the legislature retains authority to define a justice court's statutory structure, duties, administrative authority and procedures, subject to the Constitution of Arizona.

3. Counties bear primary fiscal responsibility for justice court operations, and unfunded administrative requirements may impose significant burdens on county budgets.

4. Administrative actions that materially affect the statutory authority of an elected justice of the peace implicate the integrity of the elected office and require minimum due process protections.

5. This act does not limit or impair the constitutional authority of the supreme court under article VI, section 3, Constitution of Arizona. The legislature intends only to define statutory rights, county obligations and procedural protections applicable to justice courts as established by statute.