|
|
ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
|
|
HB 2976: justice courts; administration; due process
Sponsor: Representative Hernandez A, LD 20
Committee on Federalism, Military Affairs & Elections
Overview
Establishes due process requirements and judicial review for administrative actions that materially affect a Justice of the Peace’s statutory authority and clarifies the boundaries of permissible administrative supervision. Imposes legislative reporting, fiscal impact disclosures and funding conditions on court-issued administrative orders affecting local courts and counties.
History
Each county in Arizona has Justice Courts that are presided over by a Justice of the Peace elected to a four-year term. Justice Courts preside over civil lawsuits where the disputed amount is $10,000 or less, landlord and tenant controversies, small claims cases and civil and criminal offenses including DUIs. Justices of the Peace also resolve misdemeanor allegations and handle requests for orders of protection and injunctions against harassment.
Article VI, Section 3 of the Arizona Constitution grants the Supreme Court supervisory authority over the administration of all courts of the state. The Administrative Office of the Courts (AOC) assists the Chief Justice of the Arizona Supreme Court with administrative duties and is comprised of the following divisions: 1) Executive Office; 2) Administrative Services; 3) Adult Probation Services; 4) Certification and Licensing; 5) Court Services; 6) Dependent Children's Services; 7) Education Services; 8) Information Technology; and 9) Juvenile Justice (AZ Courts).
Statute outlines that County Boards of Supervisors (BOSs) are required to divide their respective counties into justice precincts and name or number them. BOSs may change or abolish any justice precinct or redistrict the county if certain procedures are followed (A.R.S. § 22-101).
Provisions
1. Requires a state or county entity that takes administrative action that materially affects a Justice of the Peace's statutory administrative authority to comply with the following due process requirements:
a. provide written notice to the Justice of the Peace of the specific factual and statutory basis for the proposed action;
b. provide an opportunity to the Justice of the Peace for a hearing before an independent hearing officer;
c. make a finding of clear and convincing evidence unless a different standard is required by constitutional law; and
d. provide a right to the Justice of the Peace:
i. for representation by counsel;
ii. to present evidence and witnesses; and
iii. to receive a written decision that includes the findings of fact and conclusions of law. (Sec. 1)
2. States that a final decision issued regarding such an administrative action is subject to judicial review as prescribed by statute. (Sec. 1)
3. Specifies that an administrative action violative of this act is unenforceable against the affected Justice Court until the administrative action is brought into compliance with the act. (Sec. 1)
4. Clarifies that the act applies only to administrative actions that alter, suspend or displace a Justice of the Peace's statutory authority and that the act does not apply to case-specific rulings, judicial discipline proceedings or the exercise of judicial discretion in adjudication. (Sec. 1)
5. Requires that a state or county entity's administrative supervision, unless expressly authorized by statute or as necessary to fulfill constitutional supervisory duties, excludes the following:
a. operational control of a Justice Court;
b. personnel decisions;
c. payroll or budget management;
d. orders or directives that displace the statutory authority of an elected Justice of the Peace; and
e. the appointment of supervisors, administrators or designees to assume operational control of a Justice Court. (Sec. 1)
6. Provides that the administrative supervision exclusions established by the prior provision:
a. apply unless the administrative supervision is otherwise required to ensure the administration of justice or to fulfill constitutional supervisory duties; and
b. governs only statutory interpretation and does not limit or impair the constitutional authority of the Supreme Court. (Sec. 1)
7. Requires that any administrative order or directive issued by the Supreme Court, AOC or a presiding judge and that materially affects local court governance, statutory administrative authority, personnel management or county fiscal operations must be reported to outlined legislative officials. (Sec. 1)
8. Specifies that the report be sent to the outlined legislative officials within 10 days after the administrative order or directive issued and that the report must include:
a. a statement that identifies the statutory or constitutional authority on which the Supreme Court, AOC or presiding judge relied; and
b. a fiscal impact statement that identifies any costs imposed on counties. (Sec. 1)
9. States that 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:
a. the Supreme Court issues a fiscal impact statement; and
b. the Legislature appropriates sufficient monies to the county for the implementation of the order or directive. (Sec. 1)
10. Stipulates that the county exemption from requirements imposed by an administrative order or directive does not apply to temporary orders or directives necessary to address an immediate threat to public safety if the monies are requested or appropriated within 90 days after the issuance of the order or directive. (Sec. 1)
11. Applies this act to administrative actions that are initiated or remain ongoing on or after the effective date of this act. (Sec. 2)
12. States that this act does not affect the validity of a final judicial determination and does not reopen or invalidate a completed disciplinary proceeding. (Sec. 2)
13. Requires that any ongoing administrative action that is subject to this act be brought into compliance with this act within 90 days after the effective date. (Sec. 2)
14. Contains a legislative findings and intent clause. (Sec. 3)
15. Defines pertinent terms. (Sec. 1)
16.
17.
18. ---------- DOCUMENT FOOTER ---------
19. Initials GG HB 2976
20. 2/2/2026 Page 0 Federalism, Military Affairs & Elections
21.
22. ---------- DOCUMENT FOOTER ---------