A.R.S. tit. 12 ch. 2 — Arizona Revised Statutes Title 12 Chapter 2 — Judicial Officers And Employees

12-201. Oath; office; deputies A. The clerk of the supreme court shall, before entering on the duties of his office, take the oath of office. B. The clerk shall keep his office at the capitol, and may appoint deputies. 12-202. Duties; record of proceedings; certified copies A. The clerk shall: 1. Attend sessions of the court. 2. Issue writs and processes of the court. 3. Enter, under the direction of the court, all orders, judgments and decrees required to be entered, the title of each action, the date of filing it in the supreme court, and a memorandum of all subsequent proceedings, with the date and the fees charged. 4. Keep such other records and perform such other duties as required by law or the court. B. The record of the proceedings of the court shall be read, corrected and signed by the chief justice. C. The clerk shall furnish a certified copy of any record or proceeding of the court on receiving the fee therefor, except no fee shall be required from state or other public officers whose duties require such certified copy. 12-202.01. Preservation and destruction of records A. The clerk of the supreme court may destroy or provide for the destruction of all documents, records, instruments, books, papers, depositions, exhibits and transcripts in any action or proceeding in the supreme court, or otherwise filed or deposited in the clerk's custody pursuant to rules adopted by the supreme court. B. A photographic or electronic reproduction or image of any of the records described in this section, which has been certified by the person in charge of such reproduction as being an exact replica of the original, shall be received in evidence in all courts, and in hearings before any officer, board or commission having jurisdiction or authority to conduct such hearings, in like manner as the original. C. The clerk shall notify the director of the Arizona state library, archives and public records of records designated for destruction pursuant to court rules. The state library, during the time prescribed by court rule, may review and inspect these records. During this time period, the state library may remove any of these records for storage and retrieval. 12-203. Salary of clerk and deputy; administrative director The clerk of the supreme court, the deputy clerk and the administrative director of the supreme court shall receive compensation as determined pursuant to section 38-611. 12-211. Appointment; qualifications and residence A. Each judge of the superior court may appoint a court commissioner. B. To be eligible to serve as a court commissioner a person shall be a United States citizen and a resident of the county in which appointed. He shall reside at the county seat or at such other city or town within the jurisdiction of the judge making the appointment as may be designated by the judge. 12-212. Powers; compensation A. The court commissioner may: 1. In the absence or inability to act of the judge appointing him, hear and determine ex parte motions for orders and writs, except orders for injunctions. 2. Take proof and report his conclusions upon any matter of fact, other than an issue of fact raised by the pleadings, on which information is required by the court. Either party may object to the report within five days after receiving written notice that it has been filed. 3. Take and approve bonds and undertakings in actions or proceedings in the court and examine the sureties thereon. 4. Administer oaths and take affidavits and depositions in any action or proceeding whatever. 5. Take acknowledgments and proof of deeds and other instruments requiring proof or acknowledgment under the laws of the state. 6. Charge and collect the same fees for performance of official acts as notaries public for like services. 7. Adopt an official seal upon which is engraved the words "court commissioner,...... (insert name of county) county, Arizona" and authenticate official acts with his seal. 8. Enter judgments pursuant to section 23-737.01. B. When the court commissioner performs services in place of the judge of the superior court he shall be paid such amount as the court determines to be reasonable, considering the services performed. The state and county shall each pay one-half of the amount. 12-213. Commissioners in certain counties; appointment; powers and duties; salary A. In counties having three or more superior court judges, the presiding judge may appoint court commissioners to serve at his pleasure who shall have such powers and duties as shall be provided by statute or by rule of the supreme court, save and except such commissioners are expressly prohibited, except in default hearings, from making any ex parte orders which would deprive any person or persons from custody of their child or children, or change of counsel of attorneys, or deprive any person of the person's liberty, or deprive any person or entity from the person's or entity's property or the use thereof, or any injunctive relief. B. Commissioners appointed under subsection A shall receive an annual salary set by the presiding judge which may not exceed ninety per cent of the salary of a judge of the superior court. The commissioner's salary shall be a county charge. An appointed commissioner shall be admitted to the practice of law in and a resident of this state for five years next preceding taking office. 12-221. Appointment and oath Each judge of the superior court shall appoint a court reporter. Before entering upon his duties, the court reporter shall take and subscribe the official oath to be administered by the judge of the court. 12-223. Attendance at and report of proceedings; sale of transcripts A. The court reporter shall attend court during the hearing of all matters before it unless excused by the judge. He shall make stenographic notes of all oral proceedings before the court, but unless requested by court or counsel, he need not make stenographic notes of arguments of counsel to a jury, nor of argument of counsel to the court in the absence of a jury. B. Upon payment or tender of the fees therefor, he shall furnish to any person a typewritten transcript of all or any part of the proceedings reported by him, and upon request, certify that such transcript is a correct and complete statement of such proceedings. 12-224. Salary; fees for transcripts; free transcripts; office supplies A. The salary of the court reporter shall be fixed by the presiding judge of the court, with the approval of the board of supervisors of the county, and shall be paid by the county. B. The reporter shall receive from a party ordering an appeal transcript, two dollars fifty cents per page for the original, and thirty cents per page for each copy if ordered at the same time and by the same party. C. The reporter, when requested in advance, shall furnish free of charge to the county attorney or the attorney general a copy of the transcript of testimony when a transcript is made on an appeal in a criminal case, and to the attorney general when the state is a party. D. The reporter, when requested, shall furnish at county expense to the county attorney or the attorney general a copy of the transcript of testimony of any proceeding held in the superior court when the state or an instrumentality thereof is ordered to provide such transcripts by a federal court in a habeas corpus proceeding in the federal courts or when ordered by the Arizona supreme court to provide such transcripts in a habeas corpus proceeding in state court. E. The necessary supplies for conduct of the office of reporter shall be furnished by the county. 12-225. Appointment of deputies; compensation A. The court reporter may employ deputies who shall be compensated by him. B. When the reporter is prevented from performing his duties because of absence on public business, or when more than one judge is holding court at the same time in the county or any division thereof, the reporter may appoint a deputy to perform the services of reporter during the period and at the compensation the judge provides by order. Such compensation shall be a county charge. 12-231. Appointment and duties Each judge of the superior court may appoint such bailiffs as necessary to insure orderly transaction of the business of the court. The appointing judge shall prescribe the duties of the bailiff. 12-241. Appointment; court attendance The court may when necessary appoint interpreters, who may be summoned in the same manner as witnesses, and shall be subject to the same penalties for disobedience. 12-242. Interpreters for deaf persons; proceedings; definitions A. The court shall in any civil or criminal case or grand jury proceeding in which a deaf person is party to such action, either as a witness, complainant, defendant or attorney, appoint a qualified interpreter to interpret the proceedings to the deaf person, to interpret the deaf person's testimony or statements and to interpret preparations with the deaf person's attorney. B. A department, board, commission, agency or licensing authority of this state or a political subdivision of this state shall, in any proceeding before such department, board, commission, agency or licensing authority in which a deaf person is a principal party of interest or witness, appoint a qualified interpreter to interpret the proceedings to the deaf person and to interpret the deaf person's testimony or statements. C. If a person known or ascertained to be deaf is arrested and taken into custody for any alleged violation of a criminal law of this state, the arresting officer, the officer's superiors or the court shall procure a qualified interpreter in order to properly interpret any of the following: 1. Warnings of the person's constitutional privilege against self-incrimination as it relates to custodial interrogation. 2. Interrogation of the deaf person. 3. The deaf person's statements. D. If a juvenile whose parent or parents are deaf is brought before a court for any reason, the court shall appoint a qualified interpreter to interpret the proceedings and testimony for the deaf parent or parents and to interpret any statements or testimony the deaf parent or parents may be called upon to give to the court. E. If a communication made by a deaf person through an interpreter is privileged, the privilege extends also to the interpreter. F. If the interpreter or the deaf person determines that effective communication is not occurring the court or appointing authority shall permit the interpreter or the deaf person to nominate a qualified intermediary interpreter to provide interpreting services between the deaf person and the appointed interpreter during proceedings. G. A deaf person entitled to the services of an interpreter under this section may knowingly and intelligently waive these services. A deaf person who has waived an interpreter under this subsection may provide an interpreter at the deaf person's own expense. H. As used in this section: 1. "Deaf person" means a person whose hearing impairment is so significant that the individual is impaired in processing linguistic information through hearing. 2. "Qualified interpreter" means a person who has a valid license of competency authorized by the commission for the deaf and the hard of hearing. 12-251. Adult probation officers and support staff; appointment; qualifications A. The presiding judge of the superior court in each county shall appoint a chief adult probation officer who shall serve at the pleasure of the presiding judge. Such chief adult probation officer, with the approval of the presiding judge of the superior court, shall appoint such deputy adult probation officers and support staff as are necessary to provide presentence investigations and supervision services to the court. Presentence investigations and probation services may be provided to the justice courts in each county for persons who are convicted of violating section 28-1381 or 28-1382 or title 13, chapter 14, 35.1 or 36 and who are placed on supervised probation by the court. Presentence investigations and supervised probation services may be provided by a county probation office to a municipal court through an intergovernmental agreement entered into by the respective county and municipality. On approval of the presiding judge and in accordance with policies and procedures developed by the supreme court, the presiding judge of the superior court may direct that presentence investigations and supervised probation services be provided for other persons if a risk of violence exists or if it would be in the best interest of justice. Those deputy adult probation officers engaged in case supervision shall supervise no more than an average of sixty-five adults who reside in the county on probation to the court. Such deputy adult probation officers shall hold office under rules and procedures established by the supreme court. B. Each adult probation officer appointed pursuant to subsection A of this section shall give bond in the principal amount to be fixed by the court and approved by the judge making the appointment, conditioned upon the faithful performance by such officer of the officer's official duties and the payment of all monies coming into the officer's possession as such officer to the person, officer or body entitled to receive the monies. Any adult probation officer covered by a blanket faithful performance bond payable to the county or covered by state risk management shall be deemed to be in compliance with this section. C. Probation department personnel shall qualify under minimum standards of experience and education established by the supreme court. Such standards may differ for counties of less than three hundred thousand persons from counties with three hundred thousand persons or more. Notwithstanding section 12-265, any additional salary costs that might be required as a result of the adoption of minimum salary standards by the supreme court may be paid by funds made available to the probation department pursuant to sections 12-267 and 12-268 or by the supreme court. D. Presently appointed adult probation officers who qualify under subsection C of this section shall be retained in their position as long as they are qualified. 12-252. Salaries and expenses A. The salary ranges of the adult probation department personnel shall be fixed by the board of supervisors on recommendation of the presiding judge of the superior court. Adult probation department personnel shall be hired pursuant to the rules and procedures approved by the supreme court. B. The expenses and allowances of the adult probation officers incurred in performance of their duty or in the execution of the orders of the court shall, when approved by the presiding judge of the superior court, be paid in the amounts provided in sections 38-623 and 38-624 in accordance with the approved expenditure plan pursuant to section 12-267, subsection B. 12-253. Powers and duties The adult probation officer shall: 1. Make and file a complete record of persons who are placed under suspended sentence by the court and of all reports that are made to the adult probation officer in writing or in person, in accordance with the conditions imposed by the court. 2. Exercise general supervision and observation over persons who are under suspended sentence and supervision pursuant to section 13-3994, subject to control and direction by the court. 3. Serve warrants, make arrests and bring persons before the court who are under suspended sentences. The adult probation officer has the authority of a peace officer in the performance of the adult probation officer's duties. 4. Investigate cases that are referred to the adult probation officer for investigation by the court in which the adult probation officer is serving and report to the court. In an investigation for a presentence report, the adult probation officer shall promptly inquire into the circumstances of the offense and the convicted person's history of delinquency or criminality, social history, employment history, family situation, economic status, education and personal habits. The adult probation officer shall also promptly inquire into the physical, emotional and financial impact of the offense on the victim and the emotional and financial impact of the offense on the victim's immediate family and shall notify the victim or the victim's immediate family of the right to appear personally or by counsel at any aggravation or mitigation proceeding. 5. Secure and keep a complete identification record of every person who is released under a suspended sentence and a written statement of the conditions of the suspension. 6. Obtain and assemble information that concerns the conduct of persons who are placed under suspended sentence and report the information to the court. 7. Bring defaulting probationers into court when in the adult probation officer's judgment the conduct of the probationer justifies the court to revoke suspension of the sentence. 8. Monitor the payment of restitution. 12-254. Chief adult probation officer; duties; other officers' duties A. In each county having a chief adult probation officer, such officer, with the approval of the presiding judge, shall: 1. Establish organizational and operational procedures for the deputy adult probation officers of the county. 2. Direct the work and activities of the deputy adult probation officers of the county. 3. Supply such information as may be requested by the state department of corrections pursuant to section 41-1604, subsection A, paragraph 6. 4. Perform other duties assigned by the presiding judge, which duties may include serving as a juvenile probation officer, if such officer meets the minimum qualification prescribed by section 8-203, subsection C. B. In a county having no chief probation officer the adult probation officer shall supply the information required by subsection A, paragraph 3 of this section. 12-255. Private enterprise probation services Nothing in this article prevents a presiding judge of the superior court in a county from entering into agreements with private enterprises to provide supervision and counseling services for persons placed on probation in the county. 12-256. Probation officers; enforcement of pretrial release conditions An adult probation officer may serve warrants, make arrests and bring persons who are subject to the supervision of pretrial services and who are alleged to have violated a condition of pretrial release before the court. A probation officer enforcing pretrial release conditions has the authority of a peace officer in the performance of the officer's duties. 12-259. Adult surveillance officers; appointment; qualifications; salaries; expenses A. Adult surveillance officers shall be appointed and shall qualify pursuant to section 12-251. B. Adult surveillance officers shall be hired, salary ranges shall be fixed and expenses and allowances shall be paid pursuant to section 12-252. 12-259.01. Powers and duties An adult surveillance officer shall: 1. Have the authority of a peace officer in the performance of the officer's duties. 2. Under the direction of the chief probation officer: (a) Exercise supervision and observation over persons who are sentenced to probation, including: (i) Visual contact with each probationer. (ii) Contact with the probationer's employer and family. (b) Report to the court if the probationer engages in conduct constituting an offense. (c) Monitor the payment of restitution and probation fees and bring before the court any probationer who fails to pay restitution or fees. (d) Serve warrants, make arrests and bring before the court persons who are under suspended sentence or who have violated the terms of probation. 3. Obtain and assemble information concerning the conduct of persons who are sentenced to probation, including weekly arrest records, and report the information to the court. 4. Bring a defaulting probationer into court if, in the judgment of the adult probation officer, the probationer's conduct justifies revoking probation. 5. Secure and keep a complete identification record of each supervised person and a written statement of the conditions of the person's probation. 6. Perform any other responsibilities that are required by the terms and conditions imposed by the court. 12-261. Administration The state supreme court shall carry out the provisions of this article. 12-262. Submission of plan; use of funds; report A. The presiding judge of the superior court in each county desiring to improve, maintain or expand juvenile probation services, or to achieve or maintain the average adult probation case supervision requirement prescribed in section 12-251, may prepare a plan in accordance with guidelines issued by the supreme court. The plan shall be submitted to the state supreme court. The supreme court guidelines shall require that the plan include: 1. That funds received under this article shall be used primarily for payment of salaries of probation officers supervising adults or juveniles on probation to the superior, justice or municipal court. 2. That the funds provided by the state for this purpose will be used to supplement county funds provided for probation services. 3. The proposed budget necessary to implement the plan, including the amount currently budgeted for that county's probation program. B. If a county is subject to section 12-269, the following apply: 1. Beginning in fiscal year 2006-2007, the county's contribution to the hospitalization and medical care of the indigent sick, to the nonfederal portion of providing long-term care and for the administrative costs of implementing sections 36-2901.01 and 36-2901.04 shall be reduced pursuant to section 11-292, subsection Q. 2. The economic estimates commission shall increase the county's base expenditure limit beginning in the fiscal year that the county assumes funding responsibility pursuant to section 41-563, subsection D. C. The supreme court shall report to the joint legislative budget committee all amounts provided to any county pursuant to this article for adult probation services or juvenile probation services. 12-263. Approval and revocation of plans The supreme court shall have the authority to reject any plan submitted pursuant to section 12-262. Upon approval of a plan submitted, the supreme court shall enter into a funding agreement with the county and shall make payments to the county as necessary to carry out the agreement. 12-264. Continued allocation of funds By May 31 and December 31 of each year, each presiding judge of the superior court operating a program under this article shall submit to the supreme court an evaluation report describing the program and its accomplishments. If, in the judgment of the court, the program is successful or has shown reasonable promise of being successful, the court may continue such funding. If the program has not shown reasonable success as agreed to in the funding agreement, the court shall require submission of a new plan or modification of the existing plan as a condition of continued funding. 12-265. Allocation of funds; prohibition A. Any county operating a program under this article shall receive a base amount of twenty thousand dollars from the funds appropriated annually for the purpose of carrying out this article. The remainder of any appropriated funds, excluding funds appropriated for administration, shall be made available to each participating county based upon the supreme court's determination of the need for and probable effectiveness of each plan submitted pursuant to this article. The supreme court shall allocate such funds available according to this section. B. Funds apportioned to each county shall be distributed within the county between the adult and juvenile probation departments in proportion to the adult and juvenile populations of that county based on the most recently available census figures from the department of economic security or may be distributed on any other basis approved by both the juvenile and adult probation departments of such counties and by the supreme court. C. State funds awarded to any county under this article must be utilized to improve, maintain or expand existing juvenile probation programs or to achieve or maintain the average adult probation case supervision requirement prescribed in section 12-251. No state funds may be used to increase any salaries funded under current county probation programs. 12-266. Administrative personnel The supreme court may employ such personnel as it deems necessary to carry out the duties of this article. 12-267. Adult probation services fund; accounts; expenditure plan; use A. The board of supervisors shall designate a chief fiscal officer who shall establish and administer an adult probation services fund consisting of: 1. County general fund appropriations for adult probation. 2. State appropriations for adult probation including: (a) Monies for adult probation officers authorized by article 6 of this chapter. (b) Monies for state aid for adult probation services authorized by this article. (c) Monies for adult community punishment programs established pursuant to article 11 of this chapter. (d) Monies for adult intensive probation pursuant to title 13, chapter 9. 3. Probation fees collected pursuant to section 13-901 and section 13-902, subsection G. 4. Federal monies provided for adult probation. 5. Adult probation monies from any other source. B. The chief fiscal officer shall establish and maintain separate accounts in the fund showing receipts and expenditures of monies from each source listed in subsection A of this section. The presiding judge of the superior court shall annually present to the board of supervisors for approval a detailed expenditure plan for the adult probation services fund accounts. Any modifications to the expenditure plan affecting state appropriations shall be made in accordance with the rules and procedures established by the supreme court. Any modifications to the expenditure plan affecting county appropriated funds shall be made in accordance with the policies established by the county. The chief fiscal officer shall disburse monies from the fund accounts only at the direction of the presiding judge of the superior court. The chief fiscal officer of each county, on or before August 31 of each year for the preceding fiscal year, shall submit an annual report to the supreme court showing the total amount of receipts and expenditures in each account of the adult probation services fund. C. The state monies in the adult probation services fund, and probation fees collected pursuant to section 13-901 and section 13-902, subsection G, shall be used in accordance with guidelines established by the supreme court or the granting authority. D. State monies expended from the adult probation services fund shall be used to supplement, not supplant, county appropriations for the superior court adult probation department. E. Monies in the adult probation services fund shall be used to pay the annual assessment on member states of the interstate compact for the supervision of adult offenders established in section 31-467, article X, subsection B. F. County monies in the adult probation services fund shall be used in accordance with the fiscal policies and procedures established by the board of supervisors. G. The administrative office of the courts shall periodically charge each local probation fees account an amount established annually by the supreme court to cover a proportional share of the cost of monitoring devices required pursuant to section 13-902, subsection G consistent with guidelines established to implement section 13-902, subsection G. H. The administrative office of the courts shall charge annually the local probation fees account of each county an amount that is established annually by the administrative office of the courts to reflect each county's portion of the superior court risk management premium that is allocated to the judiciary. 12-268. Juvenile probation fund; annual report; use A. The board of supervisors shall designate a chief fiscal officer who shall establish and administer a juvenile probation fund consisting of: 1. County general fund appropriations for juvenile probation. 2. Court information cost monies received pursuant to section 8-134, subsection L. 3. State appropriations for juvenile probation, except monies in the juvenile probation services fund established by section 8-322 and except monies in the court appointed special advocate and vulnerable persons fund established by section 8-524, but including: (a) Monies for juvenile probation officers authorized by section 8-203. (b) Monies for state aid for juvenile probation services authorized by this article. (c) Monies for family counseling services established by title 8, chapter 2, article 5. (d) Monies for juvenile intensive probation services established by title 8, chapter 3, article 4. 4. Federal monies provided for juvenile probation services. 5. Juvenile probation monies from any other source. B. The chief fiscal officer shall establish and maintain separate accounts in the fund showing receipts and expenditures of monies from each source listed in subsection A of this section. The presiding juvenile judge of the superior court shall annually present to the board of supervisors for approval a detailed expenditure plan for the juvenile probation services fund accounts. Any modifications to the expenditure plan affecting state appropriations shall be made in accordance with the rules and procedures established by the supreme court. Any modifications to the expenditure plan affecting county appropriated funds shall be made in accordance with the policies established by the county. The chief fiscal officer shall disburse monies from the fund accounts only at the direction of the presiding juvenile judge of the superior court. The chief fiscal officer, on or before August 31 of each year for the preceding fiscal year, shall submit an annual report to the supreme court showing the total amount of receipts and expenditures in each account of the juvenile probation services fund. C. The state monies in the juvenile probation services fund shall be used in accordance with guidelines established by the supreme court or the granting authority. D. State monies expended from the juvenile probation services fund shall be used to supplement, not supplant, county appropriations for the superior court juvenile probation department. E. County monies in the juvenile probation services fund shall be used in accordance with the fiscal policies and procedures established by the board of supervisors. 12-269. Probation funding; counties with a population of two million or more persons; assessment; support A. The administrative office of the courts shall not disburse any direct state aid for probation services monies, including motor pool costs, that are appropriated for juvenile intensive probation services pursuant to section 8-353, state aid for probation services pursuant to section 12-262, adult intensive probation pursuant to title 13, chapter 9 and community punishment programs pursuant to article 11 of this chapter to a county with a population of two million or more persons. B. A county with a population of two million or more persons shall maintain probation standards that are otherwise prescribed by law, except that the probation ratios and team compositions that are listed in sections 8-203, 8-353, 12-251 and 13-916 do not apply. The county shall maintain appropriate ratios of officers to probationers consistent with evidence based practices in differentiated case management and shall annually report its performance to the chief justice of the Arizona supreme court, the speaker of the house of representatives and the president of the senate on or before October 1 of each year. The annual report shall include, for each probation program, the rate of successful completion of probation, the rate of new felony convictions and the rate of commitment to the state department of corrections or the department of juvenile corrections. C. In lieu of the assessment prescribed in section 12-114.01 and in addition to any other penalty, fine, fee surcharge or assessment authorized by law, a person shall pay a probation assessment in an amount determined by a county with a population of two million or more persons on every 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. D. The monies collected pursuant to this section shall be deposited, pursuant to sections 35-146 and 35-147, in the adult probation services fund established by section 12-267 or in the juvenile probation fund established by section 12-268 in such proportion as determined by the board of supervisors. E. For the purposes of sections 12-267 and 12-268, in a county with a population of two million or more persons, probation fees under section 13-901 and probation assessments under this section are not state appropriations. F. Notwithstanding any other provision of this section, the administrative office of the courts shall provide centralized support services to all counties from monies that are provided for probation programs. 12-270. Probation success incentive payments and grants; baseline calculations; annual reports; definitions A. The administrative office of the courts, in consultation with each county's adult probation department, shall calculate a county probation success incentive payment for each county for the most recently completed fiscal year. Each county's probation success incentive payment equals the number of probationers successfully prevented from entering prison, compared to the county-specific historical baselines calculated in subsection G, paragraph 1 of this section multiplied by fifty percent of the marginal cost of incarceration as required by subsection F of this section. The administrative office of the courts shall calculate a statewide probation success incentive grant payment that equals the number of probationers successfully prevented from entering prison statewide, compared to the statewide historical baseline calculated in subsection G, paragraph 1 of this section multiplied by twenty-five percent of the marginal cost of incarceration as required by subsection F of this section. Subject to legislative appropriation, the administrative office of the courts shall proportionately allocate the county probation success incentive payments to each county based on the specific calculations made pursuant to subsection G of this section. Subject to legislative appropriation, the administrative office of the courts shall deposit the statewide probation success incentive grant payment in a subaccount established by the administrative office of the courts for the purpose of recidivism reduction and improving probation services. B. Each county shall use its probation success incentive payment and any monies received from a statewide probation success incentive grant to improve supervision and rehabilitative services for probationers, including any of the following: 1. Implementing and expanding evidence-based practices for risk and needs assessments for individualized programming. 2. Implementing and expanding intermediate sanctions, including mandatory community restitution, home detention, day reporting, restorative justice programs and work furlough programs. 3. Expanding the availability of evidence-based practices for rehabilitation programs, including drug and alcohol treatment, mental health treatment, anger management, cognitive behavior programs and job training and employment services. 4. Recognizing and rewarding probation officers in adult probation departments whose work has advanced the implementation of evidence-based practices or who have contributed to the probation department's recidivism reduction efforts. 5. Paying for continuing education and training that focuses on evidence-based practices for probation officers or probation staff, or both. 6. Evaluating the effectiveness of rehabilitation and supervision programs and ensuring program fidelity. C. The administrative office of the courts shall allocate county probation success incentive payments to each county for distribution to the county's adult probation department to implement the programs prescribed in subsection B of this section. A board that includes the chief probation officer from each county shall determine the distribution of statewide probation success incentive grant monies. A county's chief probation officer must be recused in a vote that may award a grant to the chief probation officer's probation department. The county and statewide probation success incentive payments allocated pursuant to this section shall be used to supplement, not supplant, any other state or county appropriation for the adult probation department. D. For any county or statewide probation success incentive payments allocated or grants awarded to a county, the county shall distribute the allocated monies to its adult probation department, which must use the monies for improving probation services and recidivism reduction funding activities prescribed in subsection B of this section. In the county's discretion, the county may retain up to fifteen percent of the allocated monies for administrative and data collection purposes. E. In any fiscal year in which a county receives incentive payments or grants, the monies shall be made available to the county's adult probation department to implement probation programming within sixty days after the allocation of those monies. The county adult probation department shall maintain a complete and accurate accounting of all monies received pursuant to this section. F. At the end of each fiscal year, the director of the state department of corrections shall calculate the marginal cost of incarceration for that fiscal year and provide that information to the administrative office of the courts. The calculation shall take into consideration factors such as the average length of stay in prison and variable corrections costs, including health care services, food and clothing. G. At the end of each fiscal year, the administrative office of the courts shall gather data on, calculate and report the following for each fiscal year: 1. The probation failure rate for this state and each county. To make this calculation, the baseline probation failure rate equals the average number of adult probationers who failed to successfully complete a term of probation during fiscal years 2007-2008, 2014-2015 and 2018-2019, as a percentage of the average number of probationers who successfully completed a term of probation during that same time period. When calculating probation failure, if a person on probation spends fewer than fourteen days in detention, that person's detention is not a probation failure. For the purposes of calculating the probation failure rate and the baseline probation failure rate, the number of adult probationers who failed to successfully complete a term of probation includes the following: (a) A probationer whose probation was revoked for a new crime or technical violation. (b) A probationer whose whereabouts are unknown and for whom an arrest warrant was issued during the fiscal year. (c) A probationer whose probation is terminated on serving a sentence in a county jail in lieu of probation revocation for a new crime or technical violation. 2. An estimate of the number of adult probationers this state and each county successfully prevented from failing probation. This estimate is calculated based on the reduction in the probation failure rate as calculated annually pursuant to the baseline probation failure rate calculated pursuant to paragraph 1 of this subsection. In making this estimate, the administrative office of the courts, in consultation with the adult probation department, shall adjust the calculations to account for changes in the adult probation caseload in the most recent completed fiscal year as compared to the adult probation population during fiscal years 2007-2008, 2014-2015 and 2018-2019. 3. The current total population of probationers for the last three years per county as of the date of the required report. H. If data of sufficient quality and of the types required by this section are not available, the administrative office of the courts shall use the best available data to estimate probation success rates using a methodology that is as consistent with that described in this section as is reasonably possible. I. The administrative office of the courts shall include an estimate of the total monies to be held and administered in the following fiscal year as part of the judiciary's proposed budget. J. Each county board of supervisors shall periodically provide oversight regarding the allocation of incentive payment grants to the specific departments that are tasked with administering the probation programming to ensure that disbursed monies are appropriately used as specified in subsection B of this section. K. Each adult probation department shall define and track specific outcome-based measures, including all of the following: 1. The percentage of probationers who are supervised in accordance with evidence-based practices. 2. The specific supervision policies, procedures, programs and practices that were eliminated. 3. The percentage of probationers who successfully complete the period of supervision. 4. The number of probation absconders who are located each year and the disposition of these cases. 5. The amount of monies received by each adult probation department. L. On or before December 31, 2022 and annually thereafter, each adult probation department that receives incentive payments or grants pursuant to this section shall submit a written report to the administrative office of the courts and the county board of supervisors that accounts for incentive payments received and grants awarded and that evaluates the effectiveness of the program. M. On or before July 1, 2023 and annually thereafter, the administrative office of the courts shall submit to the governor, the speaker of the house of representatives, the president of the senate and the joint legislative budget committee a comprehensive report on the implementation of this section. The report must include all of the following information: 1. The effectiveness of programs based on the reports of performance-based outcome measures required in subsection K of this section. 2. The percentage of adult probationers whose supervision was revoked for the year that the report is being made. 3. The percentage of probationers who were convicted of criminal offenses during the probationer's term of supervision for the year that the report is being made. 4. The impact of the incentive payments allocated pursuant to this section to enhance public safety by: (a) Reducing the percentage and the number of probationers whose supervision was revoked for the year the report is being made for violations or new convictions. (b) Reducing the number of probationers who return to prison or jail or who abscond from probation for the year that the report is being made. 5. Any recommendations regarding resource allocations or additional collaboration with other state, regional, federal or local entities for improvements made pursuant to this section. 6. The number of probationers whose supervision was revoked solely for a violation of the terms of probation and the number of probationers whose supervision was revoked because of the commission of a new offense. N. For the purposes of this section: 1. "Baseline probation failure rate" means the average of the probation failure rates for fiscal years 2007-2008, 2014-2015 and 2018-2019. Each fiscal year's failure rate is the quotient of the number of persons on probation who failed to successfully complete the person's term of probation that is divided by the total number of persons on probation and that is calculated on a statewide basis and for each county. 2. "Evidence-based practices" means supervision policies, procedures, programs and practices demonstrated by scientific research to reduce recidivism among persons on probation. 3. "Marginal cost of incarceration" means the sum of all short-term variable costs associated with incarcerating a person in a state department of corrections facility and includes only those correctional costs that marginally change in proportion to the inmate population of a facility. 4. "Probation programming" means all programs established pursuant to title 13, chapter 9 and consists of a system of probation supervision services dedicated to all of the following goals: (a) Enhancing public safety through managing and reducing offender risk while a probationer is under supervision and on reentry from prison into the community. (b) Providing a range of supervision tools, sanctions and services that are applied to probationers based on a risk or needs assessment, or both, to reduce criminal conduct and promote individualized behavioral change that results in reducing recidivism and promoting successful reintegration into the community. (c) Maximizing offender restitution, reconciliation and restorative services to crime victims, when applicable. (d) Holding probationers accountable for successful compliance with applicable court orders and conditions of probation. (e) Improving public safety outcomes for a person who is placed on probation after an offense, as measured by the person's successful completion of probation and commensurate reduction in the rate of probationers returning to prison as a result of a revocation or conviction of a new offense. 12-281. Oath; bond; salary; annual increase; prohibition A. The clerk of the superior court shall take the oath of office and give a bond in the sum of $5,000 conditioned on the faithful performance of the duties of that office and the payment of all monies to the person entitled to receive them. The bond is subject to approval by the presiding superior court judge. B. Beginning January 1, 2023, in counties with a population of five hundred thousand or more persons, the annual salary of the clerk of the superior court is $96,600 until modified. C. Beginning January 1, 2023, in counties with a population of less than five hundred thousand persons, the annual salary of the clerk of the superior court is $83,800 until modified. D. The annual salary of the clerk of the superior court that is established by subsections B and C of this section shall be reviewed by the commission on salaries for elective state officers pursuant to section 41-1903. E. The clerk of the superior court and the clerk's deputies are prohibited from practicing law or forming a partnership with an attorney-at-law. This subsection does not prohibit the clerk or the clerk's employees from providing to the public, including litigants, information regarding documents routinely filed with the clerk. 12-282. Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information A. The clerk shall keep custody in the clerk's county, and shall take charge of and safely keep and dispose of according to court rules all records which may be filed or deposited in custody. B. The clerk may destroy all documents, records, instruments, books, papers, depositions, exhibits and transcripts in any action or proceeding in the superior court, or otherwise filed or deposited in custody pursuant to rules established by the supreme court. C. The clerk shall notify the director of the Arizona state library, archives and public records of records designated for destruction and shall provide these records to the director pursuant to court rules. D. A photographic or electronic reproduction or image of any of the records described in this section, which has been certified by the clerk in charge of such reproduction or imaging as being an exact replica of the original, shall be received in evidence in all courts, and in hearings before any officer, board or commission having jurisdiction or authority to conduct such hearings, in like manner as the original. A state or local agency shall accept any of the records under this subsection as a registration of a record or a procedure if the agency receives the record from the clerk of the superior court through electronic transmission and the electronically reproduced document states that the copy received is a full, true and correct copy of the original on file with the clerk of the court. E. Any voucher filed in support of an account by a trustee, a personal representative or any litigant may be withdrawn if a certified copy is retained on file. Pursuant to court rules the clerk may destroy the voucher or, if requested to do so, may deliver the voucher to the trustee, personal representative or litigant. No notification is necessary prior to destruction of such vouchers. F. Records destroyed pursuant to section 8-349 are exempt from this section. G. The clerk shall provide information on both parents and each child in a child support case to the child support case registry established pursuant to section 46-442. The information shall be in a format prescribed by the department of economic security and shall include the following: 1. The full name of each parent and child. 2. The social security number or any other uniform identification numbers of each parent and child. 3. The date of birth of each parent and child. 4. Any case identification number. 5. Any other information required by the United States secretary of health and human services. H. The clerk shall provide the information required in subsection G of this section for child support cases with a support order established, modified or registered in this state on or after October 1, 1998. The clerk shall provide the information to the child support case registry established pursuant to section 46-442 within ten days after the order is entered or the information is updated. The information shall be provided by electronic, magnetic or other means as prescribed by the department of economic security. 12-283. Powers and duties A. The clerk, in addition to the other duties prescribed by law or rule of court, shall: 1. Attend each session of the court held in the county. 2. Keep a list of fees charged in actions. 3. Keep records required by law or rule of court. 4. On or before January 15 of each year, compile a report on the number of civil actions that are filed in the superior court pursuant to section 12-514 and the age of the plaintiff in each case. The clerk shall submit the report to the governor and the legislature and provide a copy of this report to the secretary of state. B. The clerk may provide a consumer reporting agency as defined in section 44-1691 with a copy of: 1. A court order obligating a person to pay child support or spousal maintenance. 2. An order for assignment under section 25-323 or 25-504. C. A clerk who provides the information in subsection B of this section to a consumer reporting agency shall also provide the information to the child support enforcement administration in the department of economic security. D. The clerk, in accordance with procedures established by the board of supervisors, may appoint deputies, clerks and assistants necessary to conduct the affairs of the office of the clerk. The appointments shall be in writing. The clerk shall be the appointing authority and shall administer and supervise all employees of the clerk's office. E. The clerk shall submit an annual budget request, which shall be coordinated with the presiding judge, to the county board of supervisors. The clerk shall be responsible for the funds appropriated by the board to the clerk. F. The clerk shall maintain and provide access to court records in accordance with applicable law or rule of court. The clerk shall keep a docket in the form and style as prescribed by the supreme court. G. The clerk is responsible for the operations of the clerk's office. H. The clerk may provide programs to assist in the enforcement of child support, spousal maintenance and parenting time and in the establishment and modification of child support. I. The clerk shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law. At a minimum, the information shall be arranged or searchable by the case name, the case number and the name of the judge or commissioner. 12-284. Fees A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows: Class Description Fee A Initial case filing fee Tax case $ 188.00 Filing complaint, notice of appeal under section 12-904 or petition 188.00 Filing intervenor 188.00 Additional plaintiffs 188.00 Filing foreign judgment 188.00 Ownership of real property becomes an issue plaintiff 188.00 Appellant (except under sections 12-1809 and 13-3602) 188.00 Change of venue to this county 188.00 Petition for change of name 188.00 Filing a process server application 188.00 B Subsequent case filing fee Filing answer, notice of appearance under section 12-907 or initial appearance $ 100.00 Additional defendants 100.00 Notice of appeal to appellate courts (except under section 12-2107) 100.00 Cross-appeal by appellee (except under section 12-2107) 100.00 Ownership of real property becomes an issue defendant 100.00 Jurisdiction exceeded appellee (within 20 days of filing) 100.00 Response to show cause that does one or more of the following: 1. Requests affirmative relief or counterrelief 2. Attacks the sufficiency of process or the proceedings 3. Takes other affirmative action 100.00 C Initial case filing fee Filing petition for annulment $ 149.00 Filing for dissolution/legal separation petition 149.00 Petition in formal testacy or appointment proceeding 149.00 Application for informal probate or informal appointment 149.00 Petition for supervised administration petition to appoint guardian 149.00 Petition to appoint conservator or make other protective order 149.00 Opposing petition in testacy or appointment proceedings or appointment of guardian or conservator 149.00 Single estate application or petition under title 14, chapter 3, section 14-3938 149.00 Domestic relations case for which a fee is not specifically prescribed 149.00 D Subsequent case filing fee Filing answer to annulment $ 74.00 Filing for dissolution/legal separation answer 74.00 Any person opposing contested petition if no prior payment made 74.00 Postadjudication petitions in domestic relations cases 74.00 Postjudgment activities in probate cases 74.00 E Minimum clerk fee Filing power of attorney $ 30.00 Change of venue to another county transmittal fee 30.00 Change of venue to another county pursuant to section 12-404 transmittal fee 30.00 Filing transcript and docketing judgment from any courts 30.00 Issuance of writs of: attachment, execution, possession, restitution, prohibition and enforcement of order of judgment-garnishment 30.00 Certified copy or abstract of marriage application or license 30.00 Certificate of correctness of copy of record 30.00 Justice of peace certificate 30.00 Each certificate of clerk to any matter in clerk's record not specifically provided 30.00 Filing any paper or performing any act for which a fee is not specifically prescribed 30.00 Subpoena - (civil) 30.00 Research in locating a document (per year or source researched) 30.00 Exemplification (per certification) 30.00 Authentication (per certification) 30.00 Seal a court file 30.00 Reopen a sealed court file 30.00 Retrieve bank records 30.00 Reel of film alpha index per year (plus per page fee below) 30.00 Payment history report 30.00 Certification under one document certification 30.00 Civil traffic appeal 30.00 F Per page fee Making copies (on appeal and on request) per page $ .50 Making extra copies per page .50 Making photographic or photostatic copies per page .50 Comparison fee of papers furnished by applicant per page .50 Alpha index per page .50 G Special fees Small claim tax case $ 24.00 Marriage license and return of a marriage license 83.00 Postage and handling 7.00 Notary services 7.00 Stop payment on check 16.00 B. The clerk of the superior court shall receive the fees prescribed in subsection A of this section for the following services: 1. Making copies of papers and records required to be made by the clerk on appeal, and copies of papers and records in the clerk's office made on request in other cases, for each legal size page of original. 2. Making extra copies of the papers and records mentioned in paragraph 1 of this subsection, required or requested for each page of copy of such papers and records. 3. In a clerk's office, in which a photographic or photostatic method of recording is used or is available for use in cooperation with other public offices, preparing copies enumerated in paragraphs 1 and 2 of this subsection for each page of copy or fraction of a page of copy. Portions of several pages of records may be combined in one page of copy. The clerk may prepare an abstract of marriage in lieu of a reproduction of the recorded marriage license. The fee shall apply to matters whether recorded in such office by longhand, typing, electronic, photographic or photostatic methods. The fees for copies are exclusive of the fees for certification or authentication. 4. Issuing a certificate as to official capacity of a justice of the peace and affixing a seal to the certificate. 5. Each subpoena issued in a civil proceeding or filing any paper or performing any act for which a fee is not specifically prescribed by law, but the clerk shall not charge for the clerk's services in administering the oath in connection with any affidavit, petition, letters or other pleading or document that, after administration of the oath, is promptly filed by the clerk and becomes a part of a case or matter of record in the office of the clerk. C. In addition to the fees required by subsection A of this section, the clerk shall charge and collect a surcharge of fifteen dollars for each filing of a postadjudication petition in a domestic relations case for which a fee presently is charged under class D in subsection A of this section. The surcharge shall be used exclusively to fund domestic relations education and mediation programs established pursuant to section 25-413. Each month the clerk shall transmit the monies the clerk collects pursuant to this subsection to the county treasurer for deposit in the domestic relations education and mediation fund established by section 25-413. D. Excluding the monies that are collected pursuant to subsection C of this section, each month the clerk shall transmit seventy-five percent of the monies collected for subsequent case filing fees for postadjudication petitions in domestic relations cases under class D in subsection A of this section to the county treasurer for deposit in the expedited child support and parenting time fund established pursuant to section 25-412. The remaining twenty-five percent of the monies collected pursuant to t