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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
courts; fees; assessments
Purpose
Prohibits the court from assessing fees relating to the appointment of a public defender or court appointed counsel, jury fees for criminal cases or appellant filing fees on criminal defendants and from adopting any new fees, fines, surcharges or assessments against a criminal defendant.
Background
The services of a public defender or court appointed counsel may not be an expense to the defendant, juvenile, a parent or any other party, except that the court may make an indigent administrative assessment of up to $25 and require a defendant or party to repay reimbursement costs to the county for the cost of a person's legal services. In determining the amount and method of payment, the court must take into account the financial resources of the defendant and the nature of the burden that the payment will impose. The indigent administrative assessment and reimbursement costs to the county are paid to the county general fund in the account designed solely for use by the public defender and court appointed counsel to defray the costs of public defenders and court appointed counsel (A.R.S. § 11-584).
In addition to any other assessment authorized by law, the Arizona
Supreme Court (Supreme Court) must establish an additional fee on each filing,
appearance and answer or response fee charged by the clerk of the superior
court. The additional fees must be transmitted to the State Treasurer by the 15th
day of each month for deposit in the Fair Jury Improvement Fund (Fund). The
additional fee may be deferred or waived under prescribed conditions and the
Supreme Court may designate by rule that the additional fees not be imposed on
filings in cases that:
1) involve minimal use of court resources; 2) are not afforded the opportunity
for a trial by jury; or 3) do not involve the use of digital evidence. Monies
in the Fund must be used to pay full or partial earnings replacements or
supplementation to petit jurors in the superior court who receive less than
full compensation, as well as for the management and storage of digital
evidence and to facilitate the display of the evidence to the jury and court
during trial and related proceedings (A.R.S. §§ 12-115
and 21-222).
The Joint Legislative Budget Committee fiscal note estimates that H.B. 2265 would reduce the court fee revenues statewide by $3.7 million annually (JLBC fiscal note).
Provisions
1. Prohibits the court from:
a) adopting any new fee, fine, surcharge or assessment that applies against a criminal defendant;
b) making any assessments related to the appointment or services of a public defender, including an indigent administrative assessment or any reimbursement to the county for the cost of a person's legal services; and
c) imposing an appellate filing fee on a criminal defendant.
2. Removes, from the information that a probation officer must investigate and include in the preparation of a presentence report, a defendant's ability to contribute to reimbursement for the defendant's legal defense provided by a public defender.
3. Prohibits the Supreme Court from imposing, for a jury trial in a criminal case, the additional fees on filings, appearances, answers and responses that are collected and deposited into the Fund.
4. Prohibits a jury fee from being imposed in a criminal case.
5. Removes the requirement that an appellant file an affidavit stating that the appellant is unable to pay for certified copies of the record on appeal or the reporter's transcript in order for the expense of the copies to be a charge on the county in which the appellant was convicted.
6. Makes technical and conforming changes.
7. Becomes effective on the general effective date.
House Action
JUD 2/04/26 DP 9-0-0-0
3rd Read 2/23/26 55-2-3
Prepared by Senate Research
March 2, 2026
ZD/KS/ci