A.R.S. tit. 12 ch. 1 — Arizona Revised Statutes Title 12 Chapter 1 — Courts Of Record

12-101. Justices; number; term; election The supreme court shall consist of seven justices. The term of office of each justice shall be six years and shall take effect on the first Monday in January of the year in which it begins. Justices shall be elected at the general election next preceding the expiration of a term of office. 12-102. Jurisdiction and duties; court appointments; contract and volunteer service providers; background investigations; fingerprinting A. The supreme court shall discharge the duties imposed and exercise the jurisdiction conferred by the constitution and by law. B. As a condition of appointment to any paid position in the judicial department that is defined as a noncriminal justice agency under federal law, including nomination for judicial office by the commissions on appellate and trial court appointments pursuant to article VI, sections 37 and 41, Constitution of Arizona, the court shall require each applicant to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation to determine the suitability of the applicant. The court shall submit the completed applicant fingerprint card to the department of public safety. The applicant shall bear the cost of obtaining the applicant's criminal history record information. The cost shall not exceed the actual cost of obtaining the applicant's criminal history record information. Applicant criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange the submitted applicant fingerprint card information with the federal bureau of investigation for a national criminal history records check. C. The court may require each person who provides contract or volunteer services in the judicial department that is defined as a noncriminal justice agency under federal law to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. The court shall submit the person's completed fingerprint card to the department of public safety. The person shall bear the cost of obtaining the person's criminal history record information. The cost shall not exceed the actual cost of obtaining the person's criminal history record information. Criminal history records checks shall be conducted pursuant to section 41-1750 and Public Law 92-544. The department of public safety is authorized to exchange the person's submitted fingerprint card information with the federal bureau of investigation for a national criminal history records check. 12-102.01. Criminal case processing and enforcement improvement fund A. The criminal case processing and enforcement improvement fund is established consisting of monies appropriated to the fund. The purpose of the fund is to improve the processing of criminal cases in the superior court and the justice courts and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. B. The supreme court shall administer the fund. The supreme court shall allocate monies in the fund to counties for the planning and implementation of collaborative projects that are designed to improve the processing of criminal cases and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. At a minimum, each project shall involve the county attorney, county public defender, county legal defender, county contract indigent defense counsel, superior court, clerk of the superior court, county manager and justice courts in the county. Additional criminal justice entities may also be included in the project. C. To be eligible for funding, pursuant to this section, a county shall submit to the supreme court a plan that demonstrates how the county attorney, county public defender, county legal defender, county contract indigent defense counsel, superior court including the clerk of the superior court, justice courts and other identified criminal justice entities will work together collaboratively to both: 1. Identify current problems with criminal case processing and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. 2. Identify possible solutions and efficiencies to improve the case processing time and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. D. By January 8 of each year, the supreme court shall report to the governor, the legislature, each county board of supervisors, the joint legislative budget committee and the Arizona criminal justice commission on the progress of the criminal case processing projects and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. The county attorney, indigent defense counsel and county board of supervisors in each county and the attorney general shall assist the supreme court in preparing the report by providing information relevant to the report. This information may be combined into one report with the information required pursuant to section 12-102.02, subsection D. E. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties and the state to improve the processing of criminal cases and the enforcement of court orders, including the collection of court ordered fees, fines, penalties, assessments, sanctions and forfeitures. F. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are subject to legislative appropriation. G. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. 12-102.02. State aid to the courts fund A. The state aid to the courts fund is established consisting of monies appropriated to the fund and monies allocated pursuant to section 41-2421, subsections B and J. The purpose of the fund is to provide state aid to the superior court, including the clerk of the superior court, and justice courts for the processing of criminal cases. B. The supreme court shall administer the fund. The supreme court shall allocate monies in the fund to the superior court, including the clerk of the court, and the justice courts in each county according to the following composite index formula: 1. The three year average of the total felony filings in the superior court in the county, divided by the statewide three year average of the total felony filings in the superior court. 2. The county population, as adopted by the department of economic security, divided by the statewide population, as adopted by the department of economic security. 3. The sum of paragraphs 1 and 2 divided by two equals the composite index. 4. The composite index for each county shall be used as the multiplier against the total funds appropriated from the state general fund and other monies distributed to the fund pursuant to section 41-2421. C. The presiding judge of the superior court in each county, in coordination with the chairman of the county board of supervisors or the chairman's designee, the clerk of the superior court, the presiding justice of the peace and an elected justice of the peace of the county shall submit a plan to the supreme court that details how the funds allocated to the county pursuant to this section will be used and how the plan will assist the county in improving criminal case processing. The presiding judge of the superior court, the chairman of the board of supervisors or the chairman's designee, the clerk of the superior court, the presiding justice of the peace and an elected justice of the peace shall sign the plan and shall indicate their endorsement of the plan as submitted or shall outline their disagreement with any provisions of the plan. The supreme court may approve the plan or require changes to the plan in order to achieve the goal of improved criminal case processing. D. By January 8, 2001 and every year thereafter by January 8, the supreme court shall report to the governor, the legislature, the joint legislative budget committee, each county board of supervisors and the Arizona criminal justice commission on the expenditure of the fund monies for the prior fiscal year and on the progress made in achieving the goal of improved criminal case processing. This information may be combined into one report with the information required pursuant to section 12-102.01, subsection D. E. All monies spent or distributed from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases in the superior court, including the office of the clerk of the superior court, and justice courts. F. Monies in the state aid to the courts fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and monies allocated pursuant to section 41-2421, subsections B and J are subject to legislative appropriation. Any state general fund monies appropriated to the fund may be spent without further legislative appropriation. G. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. 12-102.03. Local courts assistance fund A. The local courts assistance fund is established consisting of monies allocated to the fund pursuant to section 41-2421, subsections E and G. The purpose of the fund is to provide state aid to the superior court, including the clerk of the court and the justice courts in each county for the processing of criminal cases. B. The plan required pursuant to section 12-102.02, subsection C, shall include the planned expenditure of monies received pursuant to this section. This plan must be approved by the supreme court prior to the expenditure of such monies. C. The county treasurer shall invest monies in the fund. Interest earned on fund monies shall be deposited in the fund. D. All monies distributed or spent from the fund shall be used to supplement, not supplant, funding at the level provided in fiscal year 1997-1998 by the counties for the processing of criminal cases. 12-102.04. Fleet management; vehicle replacement rate; state court fleet operations and replacement fund; exemption A. The supreme court may lease or purchase motor vehicles for use by court personnel in conducting business activities in furtherance of the supreme court's administrative supervision over all courts of this state, including the provision of adult and juvenile probation services. The supreme court is exempt from title 38, chapter 3, article 10 relating to vehicle markings. B. The supreme court shall recover all costs for fleet operation services. The supreme court shall pay from available monies the cost of fleet operation services and replacements at a rate that is similar to the rate established by the director of the department of transportation pursuant to section 28-472, subsection E, including a separate vehicle replacement rate for motor vehicle replacements. The supreme court shall deposit, pursuant to sections 35-146 and 35-147, monies received for fleet operation services and vehicle replacement in the state court fleet operations and replacement fund established by subsection C of this section. C. The state court fleet operations and replacement fund is established consisting of the proceeds from sales of the supreme court's surplus motor vehicles, monies received pursuant to subsection B of this section and legislative appropriations. The fund is a special state fund pursuant to section 35-142, subsection A, paragraph 8. The supreme court shall administer the fund. Monies in the fund do not revert to the state general fund, are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. 12-103. Seal The supreme court shall have a seal as devised and adopted by the judges of the court. The seal shall be kept by the clerk of the court. 12-104. Affixing of seal A. The seal of the supreme court need not be affixed to any proceedings in the court except a summons, writ or authentication of a copy of a record or proceedings of the court or its officers for the purpose of record or evidence in another court or place. B. The seal may be affixed by impressing it on the paper or on a substance attached to the paper and capable of receiving the impression. 12-105. Days for transaction of business The supreme court shall at all times be open for transaction of business except on nonjudicial days. 12-106. Salary of justices Each justice of the supreme court shall receive an annual salary pursuant to section 41-1904. 12-107. Publication of opinions The supreme court and, pursuant to section 12-120.07, the court of appeals shall publish their opinions as soon as practicable after they are announced. The opinions shall be published in suitable volumes which shall contain appropriate headnotes, tables of cases reported, and tables of statutes cited and construed. Each volume shall also contain a digest of the law in the reported cases and the words and phrases construed. The volumes shall, with the approval of the court, be printed and bound. 12-108. Reports of decisions; publication; distribution A. The supreme court may contract with the person who agrees to publish and sell the report of decisions on terms most advantageous to the state. The contractor shall agree to publish at the contract price the number of volumes as the supreme court may require. B. Any entity may request from the contractor any number of volumes, which shall be published and delivered at the contract price to be paid for by the requesting entity. C. Volumes that are delivered to a person on account of the office held by that person remain the property of this state and shall have stamped or written on them the name of the office and shall be kept for the use of the office. 12-109. Rules and administrative orders of pleading, practice and procedure; adoption; prohibitions; electronic signatures; distribution A. The supreme court, by rules or administrative orders, shall regulate pleading, practice and procedure in judicial proceedings in all courts of this state to simplify pleading, practice and procedure and promote speedy determination of litigation on its merits. B. The rules and administrative orders shall not do any of the following: 1. Abridge, enlarge or modify substantive rights of a litigant. 2. Abridge, enlarge or modify statutory, contractual or common law real property rights or questions of substantive law. C. The court may allow documents that require a sworn written declaration, verification, certificate, statement, oath or affidavit to be signed with an electronic signature. D. The supreme court shall print and distribute the rules and administrative orders to all members of the state bar and to all other persons who apply. E. The rules shall not become effective until sixty days after distribution. 12-110. Advisory board; objections to rules A. The state bar, or a representative group selected by the bar, shall act as an advisory board and shall either voluntarily or upon request of a majority of the judges of the supreme court, consult with, recommend to or advise the court on any matter dealt with or proposed to be dealt with in the rules. B. Any member of the state bar or a private citizen may object in writing to a rule or part thereof and may request changes. The court shall consider the objections and requests as advice and information only and may act thereon at its discretion. 12-111. Statutes as rules of court All statutes relating to pleading, practice and procedure shall be deemed rules of court and shall remain in effect as such until modified or suspended by rules promulgated by the supreme court. 12-112. Education program for justices and magistrates The supreme court shall establish a program of continuing education for justices of the peace and magistrates. The program shall include such courses of study as the supreme court deems necessary or desirable. 12-112.01. Education programs; state agency license requirements; state bar members; certified legal document preparers; definition A. The supreme court shall provide that if a member of the state bar or a certified legal document preparer attends a continuing education program and earns continuing education credit to fulfill a state agency license renewal requirement, the state bar member or certified legal document preparer shall also earn credit for the member's or document preparer's annual continuing legal education activity requirement for the continuing education program to fulfill the state agency license renewal requirement if that continuing education program does all of the following: 1. Consists of an organized program of learning. 2. Deals with matters directly related to the law. 3. Follows an agenda. 4. Is accompanied by substantive or practical written materials or exercises. B. For the purposes of this section, "state agency license renewal requirement" means an amount of continuing education that a person must obtain in order to satisfy a requirement imposed by law to maintain or renew a professional license issued by an agency, board, commission or department of this state. 12-113. Judicial collection enhancement fund; purpose; administration; report; definition A. A judicial collection enhancement fund is established consisting of monies received from: 1. The time payment fee established in section 12-116. 2. The surcharge paid by a person attending a court ordered diversion program pursuant to section 12-114. 3. Monies deposited in the fund pursuant to section 12-114.01, section 12-119.01, subsection B, paragraph 1, section 12-120.31, subsection D, paragraph 1, section 12-284.03, subsection A, paragraph 7, section 22-281, subsection C, paragraph 1, section 22-404, subsection C, paragraph 1 and section 41-178. 4. Electronic filing and access fees collected pursuant to sections 12-119.02 and 12-120.31. B. Courts wishing to receive monies from the judicial collection enhancement fund shall submit a plan to the supreme court. Subject to legislative appropriation, the fund monies shall be used according to plans approved by the supreme court to train court personnel, improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, including restitution, child support, fines and civil penalties, to improve court automation, to improve case processing or the administration of justice and for probation services. C. The supreme court shall administer the fund and may expend monies in the fund, subject to legislative appropriation, for local, regional or statewide projects. The supreme court may directly provide or contract for services consistent with the purposes of the fund. Monies from the fund shall supplement monies already provided to local courts for purposes consistent with the purposes of the fund. D. By January 8 of each year, the supreme court shall report to the governor and the legislature, for the prior fiscal year, the total monies collected, the amount spent and for what purposes, including an exact explanation of funds defined as administration of the fund, the amount remaining in the fund and the number of employees who are paid from the fund and their job descriptions. The report shall also detail the progress made in improving the ability of the courts to collect monies. E. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. F. After the court determines the amount due, the court shall transmit to the county treasurer each month the fees collected pursuant to section 12-116, except that municipal courts shall transmit to the city treasurer each month the fees so collected. G. The county or city treasurer shall transmit to the state treasurer on or before the fifteenth day of each month the fees collected pursuant to subsection F of this section for deposit in the judicial collection enhancement fund. H. For the purposes of this article, "court authorized diversion program" means a program in which an individual who is charged with a civil or criminal traffic offense or any other criminal offense is not prosecuted for the offense on the successful completion of an authorized diversion program. Successful completion of a defensive driving school program resulting in dismissal of a civil or criminal traffic offense is considered a court authorized diversion program under this section. 12-114. Surcharge on court authorized diversion programs for traffic offenses; deposit A. If a court authorizes individuals charged with civil or criminal traffic offenses to attend a court authorized diversion program, including a defensive driving school program, the court shall require the assessment of a $9 surcharge on the fees charged by the court authorized diversion programs. The surcharge applies to every individual who attends a court authorized diversion program, including an individual who holds a commercial driver license. B. A court or a court authorized diversion program shall collect the $9 surcharge and remit the surcharge to the supreme court which shall deposit, pursuant to sections 35-146 and 35-147, $5 of the surcharge in the judicial collection enhancement fund and the remaining $4 in the law enforcement equipment fund established by section 41-1731. 12-114.01. Probation assessment; deposit A. Except as provided in section 12-269, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay an assessment of twenty dollars on conviction for a criminal offense or a finding of responsibility for a civil traffic violation, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle, except parking violations, or for a violation of the game and fish statutes in title 17. B. The monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund established by section 12-113 to be used to supplement monies currently used for the salaries of adult and juvenile probation and surveillance officers and for support of programs and services of the superior court adult and juvenile probation departments. C. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations included in the mitigation of a fine in section 13-825, subsection B. 12-115. Additional filing, appearance and answer or response fees; deposit A. In addition to any other assessment authorized by law, the supreme court shall establish an additional fee on each filing, appearance and answer or response fee charged by a clerk of the superior court. B. The clerk shall collect the additional fee and monthly remit the additional fees to the county treasurer. The county treasurer shall transmit the fees to the state treasurer on or before the fifteenth day of each month for deposit, pursuant to sections 35-146 and 35-147, in the fair jury improvement fund established by section 21-222. The state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. C. The additional fee may be deferred or waived pursuant to sections 12-302 and 12-304. D. In establishing the additional fees under subsection A of this section, the supreme court may designate by rule that the additional fees not be imposed on filings in types of cases that involve minimal use of court resources, that are not afforded the opportunity for a trial by jury or that do not involve the use of digital evidence. The supreme court may not impose the additional fees on filings for a jury trial in a criminal case. 12-116. Time payment fee A. In addition to any other assessment authorized by law, a fee of $20 shall be assessed on each person who pays a court ordered penalty, fine or sanction on a time payment basis, including parking penalties and restitution. The fee may not be assessed on a penalty, fine or sanction that is ordered by the court pursuant to title 8. A time payment basis shall be any penalty, fine or sanction not paid in full on the date the court imposed the fine, penalty or sanction. Notwithstanding any other law, the time payment fee shall be collected first after restitution. A judge may not waive or suspend a time payment fee. B. $11 of the time payment fee shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund established by section 12-113. $2 of the time payment fee shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund and shall be allocated by the supreme court to the public defender training fund established by section 12-117. $7 of the time payment fee shall be kept by the court imposing the fee to be used by the court to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice. For amounts over an amount determined by the supreme court, the court shall submit a plan to the supreme court that must be approved by the supreme court before the court spends such monies. If the proposed project was described in the information technology strategic plan submitted by the court and approved by the supreme court, including the proposed budget for the project, the project may proceed without further approval of the supreme court. In the case of the superior court, the presiding judge and clerk of the superior court must agree on the project or it shall be submitted to and approved by the supreme court. 12-116.01. Surcharges; remittance reports; fund deposits A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of forty-two percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. B. In addition to any penalty provided by law, a surcharge shall be levied in an amount of seven percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. C. In addition to any penalty provided by law, a surcharge shall be levied in an amount of six percent, on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. D. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection G of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned. E. After addition of the surcharge, the courts may round the total amount due to the nearest one-quarter dollar. F. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed. G. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer. H. The appropriate authorities specified in subsection G of this section shall transmit the surcharge prescribed in subsection A of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the criminal justice enhancement fund established by section 41-2401. I. The appropriate authorities specified in subsection G of this section shall transmit the seven percent surcharge prescribed in subsection B of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for allocation pursuant to section 41-2421, subsection J. J. The appropriate authorities specified in subsection G of this section shall transmit the surcharge prescribed in subsection C of this section and the remittance report as required in subsection G of this section to the state treasurer on or before the fifteenth day of each month for deposit in the department of public safety forensics fund established by section 41-1730. K. Partial payments of the amount due shall be transmitted as prescribed in subsections G, H, I and J of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due. 12-116.02. Additional surcharges; fund deposits A. In addition to any penalty provided by law, a surcharge shall be levied in an amount of thirteen percent on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and civil penalties imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for a violation of any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. B. If any deposit of bail or bond or deposit for an alleged civil traffic violation is to be made for a violation, the court shall require a sufficient amount to include the surcharge prescribed in this section for forfeited bail, bond or deposit. If bail, bond or deposit is forfeited, the court shall transmit the amount of the surcharge pursuant to subsection E of this section. If bail, bond or deposit is returned, the surcharge made pursuant to this article shall also be returned. C. After addition of the surcharge, the courts may round the total amount due to the nearest one-quarter dollar. D. The surcharge imposed by this section shall be applied to the base fine, civil penalty or forfeiture and not to any other surcharge imposed. E. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A and B of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A and B of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer. F. The appropriate authorities prescribed in subsection E of this section shall transmit the thirteen percent surcharge as required in subsection A of this section to the state treasurer on or before the fifteenth day of each month for deposit in the medical services enhancement fund established by section 36-2219.01. G. Partial payments of the amount due shall be transmitted as required in subsections E and F of this section and shall be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due. 12-116.03. Collection agencies A court may contract with public agencies or private entities to assist in collecting fines, fees, penalties, costs, surcharges, restitution and assessments that remain unpaid. The court may add to any underlying amount owed reasonable costs charged by the contracting agency or entity. 12-116.04. Assessment; law enforcement officer equipment; gang and immigration intelligence team enforcement mission A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of thirteen dollars on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city treasurer. C. The city or county treasurer shall transmit eight dollars of the assessment and the remittance report to the state treasurer. The state treasurer shall deposit four dollars of the assessment in the public safety equipment fund established by section 41-1723 and the remaining four dollars of the assessment in the gang and immigration intelligence team enforcement mission border security and law enforcement subaccount established by section 41-1724. D. The city or county treasurer shall transmit four dollars of the assessment and the remittance report to the agency that investigated the offense or issued the citation to be used to supplement, not supplant, monies available for officer safety equipment. E. The city treasurer shall transmit one dollar of the assessment and the remittance report to the county treasurer. The county treasurer shall transmit one dollar of the assessment and any monies received from the city treasurer pursuant to this subsection to the following entities to be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts, to improve court automation and to improve case processing or the administration of justice: 1. In a county with a population of less than two million persons, to the justice courts, distributed proportionally based on the judicial productivity credits calculated pursuant to section 22-125. 2. In a county with a population of two million persons or more, to the justice court administration. 12-116.05. Address confidentiality program assessment A. In addition to any other penalty, fine, fee or assessment authorized by law, a person who is convicted of an offense included in title 13, chapter 14 or 35.1, stalking pursuant to section 13-2923 or a domestic violence offense pursuant to section 13-3601 shall pay an assessment of fifty dollars. The court may waive all or a portion of the assessment if the court finds that the defendant is unable to pay all or any portion of the assessment. B. The city or county treasurer shall transmit ninety-five per cent of the monies collected pursuant to subsection A of this section to the state treasurer for deposit in the address confidentiality program fund established by section 41-169. The clerk of the court shall retain five per cent of the monies collected pursuant to subsection A of this section for administrative costs. 12-116.06. Assessment for family offenses, harassment and stalking In addition to any other penalty, fine, fee or assessment authorized by law, a person who is convicted of a violation of section 13-2921, 13-2921.01 or 13-2923 or an offense listed in title 13, chapter 36 shall pay an additional assessment of fifty dollars to be deposited by the state treasurer in the domestic violence services fund established by section 36-3002. This assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. 12-116.07. Assessments for dangerous crimes against children and sexual offenses A. In addition to any other assessment or restitution, if a person is convicted of a dangerous crime against children as defined in section 13-705 or a violation of section 13-1404, 13-1405, 13-1406 or 13-3212, the court shall order the person to pay an assessment of $500. The assessment shall not be waived and is not subject to a surcharge. B. The court shall transmit the monies collected pursuant to this section to the county treasurer for the purpose of defraying the cost of investigations pursuant to section 13-1414. 12-116.08. Penalty assessment; victims' rights; fund deposits A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of nine dollars on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city or town treasurer. C. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer. The state treasurer shall deposit 62.4 percent of the assessments in the victims' rights fund established by section 41-191.08 and the remaining 37.6 percent of the assessments in the victim compensation and assistance fund established by section 41-2407. 12-116.09. Assessment; victims' rights enforcement A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of $4 on every fine, penalty and forfeiture imposed and collected by the courts for criminal offenses and any civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a violation of the motor vehicle statutes, for any local ordinance relating to the stopping, standing or operation of a vehicle or for a violation of the game and fish statutes in title 17. B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and assessments collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and assessments to the city or town treasurer. C. The city, town or county treasurer shall transmit the assessments and the remittance report to the state treasurer. The state treasurer shall deposit the assessments in the victims' rights enforcement fund established by section 41-1727. 12-116.10. Assessment; law enforcement equipment fund A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of $4 on every civil penalty imposed and collected for a civil traffic violation and fine, penalty or forfeiture for a criminal violation of the motor vehicle statutes or for any local ordinance relating to the stopping, standing or operation of a vehicle. B. The court shall transmit the assessments collected pursuant to this section and a remittance report of the fines, civil penalties and forfeitures collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments and the remittance report of the fines, civil penalties and forfeitures to the city or town treasurer. C. The city, town or county treasurer shall transmit the assessment and the remittance report to the state treasurer. The state treasurer shall deposit the assessment in the law enforcement equipment fund established by section 41-1731. D. The court may mitigate all or part of the assessment in the same manner and subject to the same limitations in the mitigation of a fine in section 13-825, subsection B. 12-116.11. Assessment; drag racing prevention enforcement fund A. In addition to any other penalty assessment provided by law, a penalty assessment shall be levied in an amount of $1,000 on every fine, penalty and forfeiture imposed and collected by the courts for a violation of section 28-708. B. The court shall transmit the assessments collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the assessments to the city or town treasurer. C. The city, town or county treasurer shall transmit the assessments to the state treasurer. The state treasurer shall deposit the assessments in the drag racing prevention enforcement fund established by section 28-603. 12-116.12. Penalty fee; first responder's supplemental death benefit (Caution: 1998 Prop 105 applies; Rpld. 1/1/33) A. Beginning from and after June 30, 2025, in addition to any other penalty, fine, fee, surcharge or assessment authorized by law, a person shall pay a penalty fee of $20 on every conviction for a criminal offense. B. The court shall transmit the penalty fee collected pursuant to this section to the county treasurer, except that municipal courts shall transmit the penalty fee to the city or town treasurer. C. The city, town or county treasurer shall transmit the penalty fees to the state treasurer. The state treasurer shall deposit the penalty fees, pursuant to sections 35-146 and 35-147, in the state supplemental benefit fund established by section 38-1173. D. The court may not waive or mitigate the penalty fee. 12-116.13. Assessment; anti-human trafficking grant fund A. In addition to any other assessment, if a person is convicted of a violation of section 13-3214, subsection A, paragraph 2, the court shall order the person to pay an assessment of $200. The assessment shall not be waived and is not subject to a surcharge. B. The court shall transmit the assessments collected pursuant to this section to the county treasurer. C. The county treasurer shall transmit the assessments to the state treasurer. The state treasurer shall deposit the assessments in the anti-human trafficking grant fund established by section 41-1736. 12-117. Public defender training fund; appropriation A. The public defender training fund is established consisting of monies allocated to the fund pursuant to section 12-116. The supreme court shall administer the fund. B. Each month the supreme court shall deposit in the fund the monies collected for the fund. All monies deposited in the fund are continuously appropriated to the supreme court for distribution to each county public defender as provided in subsection C of this section. C. The allocation of monies collected shall be made to each county public defender office in proportion to the number of felony cases assigned to that office in the last fiscal year. D. Monies received shall be used exclusively for the purpose of public defender training. Each public defender office receiving training fund monies shall submit to the supreme court an annual report of all financial receipts and expenditures from the training fund. 12-117.01. General adjudication personnel and support fund; exemption; purposes; joint legislative budget committee review A. The general adjudication personnel and support fund is established consisting of monies appropriated by the legislature. The supreme court shall administer the fund. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. B. Monies in the fund shall be used by both: 1. The supreme court to provide additional full-time personnel for the general adjudication as prescribed in section 45-252, subsection D and to provide case management and other support equipment, services and personnel. 2. The department of water resources for additional full-time personnel and other equipment and services related to the general adjudication. C. For fiscal years 2021-2022 and 2022-2023, before any monies are spent from the fund, the supreme court and the department of water resources shall submit an expenditure plan to the joint legislative budget committee. The chairperson of the joint legislative budget committee shall determine whether the submitted plan requires review before the full committee. 12-118. Use of credit cards by courts; definition A. A court may accept a credit card, debit card, charge card, electronic transfer or other means as approved by the supreme court or the presiding judge for the payment of any monies payable to the court including but not limited to filing fees, bonds, fines, fees, sanctions, penalties, surcharges, assessments and restitution. B. The court may impose a convenience fee for payment made pursuant to this section. C. For the purposes of this section, "convenience fee" means an additional fee that is imposed by the court or an authorized agent for the acceptance of monies pursuant to subsection A of this section. 12-119. Facilities management The supreme court may obtain operational and maintenance assistance from the department of administration and security assistance from the department of public safety for any supreme court facility or may employ personnel or contract for outside services for the operation, maintenance and security of such facility. The supreme court and division one of the court of appeals shall be housed in the Arizona courts building. For the purposes of this section, security does not mean security services related to building operation and maintenance functions provided by the department of administration. 12-119.01. Supreme court fees; distribution A. Except as otherwise provided by law, fees for the supreme court shall be established and classified as follows: Class Description Fee A Initial case filing fee Petitions for review and cross petitions for Review $ 140.00 Direct appeals and cross appeal appellant 140.00 Special actions petitioner 140.00 B Subsequent case filing fee Intervenors direct appeals and special action $ 70.00 Direct appeals appellee 70.00 Special actions respondent 70.00 Response to petition for review 70.00 E Minimum clerk fee Certifications alone $ 17.00 Certificate of good standing Certificates 17.00 F Per page fee Copies - each page $ .50 G Special fees New and duplicate certificates $ 35.00 B. The clerk of the supreme court shall deposit, pursuant to sections 35-146 and 35-147, all of the monies collected pursuant to subsection A of this section as follows: 1. 27.78 per cent in the judicial collection enhancement fund established by section 12-113. 2. 26.00 per cent with the state treasurer for transmission to the elected officials' retirement plan fund established by section 38-802. The monies shall be transmitted by the state treasurer to the fund pursuant to section 38-810. 3. 46.22 per cent in the state general fund. C. The supreme court may increase the class A and B fees prescribed in subsection A of this section. 12-119.02. Electronic filing and access; fee A. The supreme court may provide for the electronic filing of documents and electronic access to court records, pursuant to rules adopted by the court. B. The court may impose a fee of not more than one hundred dollars per year for an annual on-line access subscription plus a fee of not more than two dollars per minute for on-line access to court records. C. All monies collected pursuant to subsection B of this section shall be deposited, pursuant to sections 35-146 and 35-147, in the judicial collection enhancement fund established by section 12-113. D. All filings made electronically pursuant to this section are subject to the fees established pursuant to section 12-119.01. 12-119.03. Performance audit; supreme court administration and programs; hearing The auditor general shall conduct a performance audit, as defined in section 41-1278, of the administrative office of the courts at the request of the joint legislative audit committee that is established pursuant to section 41-1279. The auditor general shall limit the performance audit to the administration and operation of the supreme court and to those programs and funds that are administered by the supreme court. The auditor general shall submit copies of the performance audit to the president of the senate, the speaker of the house of representatives and the chairpersons of the senate judiciary committee and the house of representatives judiciary committee, or their successor committees. The senate and house of representatives judiciary committees shall meet jointly and hold a hearing on the audit. 12-119.04. Evaluation of superior court commissioners A. The supreme court shall adopt and administer for all superior court commissioners in counties having a population of two hundred fifty thousand persons or more a process, established by court rules, for evaluating superior court commissioner performance. The rules shall include written performance standards and performance reviews that survey opinions of persons who have knowledge of the superior court commissioner's performance. B. The public shall be afforded a full and fair opportunity for participation in the evaluation process through public hearings, dissemination of evaluation reports and any other methods as the court deems advisable. The supreme court shall publish and maintain current and previous evaluation reports on its website. 12-119.05. Post of duty; supreme court justice The designated post of duty of a justice of the supreme court who resides outside of Maricopa county shall be deemed to be the justice's place of permanent physical residence at the time of the justice's appointment. 12-119.06. Veterans' specialty court grant program; veterans' treatment court fund; administration; purpose; annual reports A. The veterans' specialty court grant program is established for municipalities and counties in this state to establish a veterans' court program. The administrative office of the courts shall administer the veterans' specialty court grant program. The supreme court shall adopt rules as necessary and establish criteria to implement this section. Grant monies may be used to establish new veterans' court programs and to expand and enhance existing veterans' court programs established pursuant to section 22-601. B. The veterans' specialty court grant program shall: 1. Support the rehabilitation and reintegration of veterans as contributing members of their communities. 2. Promote collaboration among prosecutors, defense counsels, judges, community-based support organizations in this state, the United States department of veterans affairs and the department of veterans' services. 3. Develop and oversee individualized treatment plans to address the underlying causes of justice-involved veterans' behavior, including any of the following: (a) Post-traumatic stress disorder. (b) Traumatic brain injury. (c) Anger management. (d) Domestic violence prevention and intervention. (e) Alcohol and drug abuse treatment. C. The veterans' treatment court fund is established consisting of legislative appropriations. The administrative office of the courts shall administer the fund. Monies in the fund are continuously appropriated. The fund may be used to provide monies to municipalities and counties in this state to establish a veterans' court program pursuant to this section and to expand and enhance existing veterans' court programs established pursuant to section 22-601. Applicants shall submit an application on a form prescribed by the administrative office of the courts. Fund monies shall be awarded annually to grantees and shall be used for any relevant administrative costs, including hiring personnel to establish, maintain or enhance a veterans' court program. D. The administrative office of the courts shall collaborate with county attorneys, municipal prosecutors, public defenders and any relevant stakeholders to establish the best practices and standards for the administration of veterans' court programs and data collection in this state. E. On or before December 31 of each year, each grantee shall submit a report to the administrative office of the courts that includes all of the following: 1. The number of veterans served, separated by type of offense, demographics and military service history. 2. Arrest and recidivism rates among veterans' court program participants. 3. Veterans' court program completion rates and participant outcomes. 4. Use of mental health and substance abuse treatment services. 5. Recommendations for veterans' court program and veterans' specialty court grant program improvement. F. On or before March 1 of each year, the administrative office of the courts shall submit a comprehensive annual report to the governor, the president of the senate and the speaker of the house of representatives that analyzes the data submitted pursuant to subsection E of this section and that summarizes and includes all of the following: 1. Statewide data on veterans' court programs that incorporate grantee-reported metrics on participation, recidivism and treatment outcomes. 2. Challenges and barriers to veterans' court program implementation, based on grantee feedback and data. 3. Recommendations for enhancing the identification and assessment of veterans within the criminal justice system of this state, including data collection protocols and best practices for cross-agency collaboration and data sharing among federal, state and local stakeholders. 4. Policy and funding recommendations to improve veterans' court program and veterans' specialty court grant program effectiveness and sustainability. 12-120. Creation of court of appeals; court of record; composition; sessions A. A court of appeals is established and constitutes a single court and such court shall be a court of record. B. The court of appeals shall be divided into two divisions which shall be designated as division 1 and division 2. Division 1 shall have nineteen judges, consisting of the chief judge and six departments of three judges each, denominated, respectively, department A, department B, department C, department D, department E and department F. Division 2 shall have nine judges, consisting of three departments of three judges each, denominated, respectively, department A, department B and department C. C. Division 1 shall consist of the counties of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache. D. Division 2 shall consist of the counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham and Gila. E. The sessions of divisions 1 and 2 shall be held in Phoenix and Tucson, respectively. Sessions may be held at places other than Phoenix or Tucson when in the opinion of a majority of the judges of a division or department the public interest so requires. The judges of the respective divisions and departments may hold sessions in either division and shall do so when directed by the chief justice of the supreme court. Each judge of the court of appeals may participate in matters pending before a different division or department. A matter may be transferred between divisions in order to equalize caseloads and for the best use of judicial resources. F. Not more than three judges of the court of appeals, including superior court judges and retired judges sitting with the court, shall hear and determine a matter and render a decision, and a majority of two of the three judges shall be sufficient to render a decision. 12-120.01. Qualifications of judges; terms; ballots; vacancies A. A judge of the court of appeals shall be: 1. Not less than thirty years of age. 2. Of good moral character. 3. A qualified elector of the county of his residence, and a resident of such county for not less than three years next preceding taking office. 4. A resident of the division in which he is elected. 5. Admitted to the practice of law in the state of Arizona for not less than five years next preceding taking office. 6. A resident of Arizona for not less than five years next preceding taking office. B. Except for the initial term, each judge shall hold office for a term of six years to commence on the first Monday in January following his retention election and until his successor is appointed and qualified. Each judge shall be appointed by the governor and serve an initial term pursuant to article VI, section 37, Constitution of Arizona. 12-120.02. Election of judges A. In division 1, of the nineteen judges, ten of the judges shall be residents of and elected for retention from Maricopa county, five of the judges shall be residents of the remaining counties in the division and shall be elected for retention by the voters of the counties in division 1, excluding Maricopa county, and four of the judges shall be at-large judges and be residents of any county in the division. If an at-large judge is a resident of Maricopa county, the judge shall be elected for retention by the voters of Maricopa county. If an at-large judge is not a resident of Maricopa county, the judge shall be elected for retention by the voters of the counties in division 1, excluding Maricopa county. B. In division 2, of the nine judges, four of the judges shall be residents of and elected from Pima county, two of the judges shall be residents of the remaining counties in the division and shall be elected by the voters of the counties in division 2, excluding Pima county, and three of the judges shall be at-large judges and be residents of any county in the division. If an at-large judge is a resident of Pima county, the judge shall be elected for retention by the voters of Pima county. If an at-large judge is not a resident of Pima county, the judge shall be elected for retention by the voters of the counties in division 2, excluding Pima county. 12-120.03. Salary of judges Each ju