ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

 

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2265: courts; fees; assessments

Sponsor: Representative Carter N, LD 15

Committee on Judiciary

Overview

Prohibits courts from assessing certain costs related to appointed counsel, limits the creation of new court fees absent express statutory authorization and specifies additional fee prohibitions in criminal matters.

History

Current law establishes the duties of county public defenders and addresses when a court may order a defendant to pay certain amounts related to appointed counsel. Public defender services are to be without expense to the defendant, while also authorizing, in specified circumstances, an indigent administrative assessment and reimbursement to the county for the cost of legal services (A.R.S. § 11-584).

Adult probation officers preparing pre-sentence reports currently must inquire into a convicted person’s economic status, including the ability to contribute to reimbursement for legal defense, and must include a recommendation regarding contribution toward those costs (A.R.S. § 11-584).

Provisions

1.   Prohibits the court from charging any assessments related to the appointment of a public defender. (Sec. 1)

2.   Prohibits the court from ordering an indigent administrative assessment, and removes the directive for probation officers to inquire about the person's economic ability to pay for the same. (Sec. 1, 3)

3.   Forbids the supreme court from imposing any fees on filing for a jury trial in a criminal case. (Sec. 2)

4.   Restricts the court from adopting any new fee that is not previously specifically authorized by statute. (Sec. 4)

5.   Forbids a jury fee from being imposed in a criminal case. (Sec. 5)

6.   Mandates that the expense of a certified copy of the record on appeal or reporter’s transcript must always be charged to the county, rather than only when the appellant is indigent. (Sec. 6)

7.   Prohibits the court from imposing an appellate filing fee on a criminal defendant in an appeal to superior court from a justice or municipal court final judgment. (Sec. 7)

8.   Makes technical and conforming changes. (Sec. 1, 3, 5, 6)

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12.  Initials NM                      HB 2265

13.  1/29/2026  Page 0 Judiciary

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