A.R.S. tit. 22 ch. 1 — Arizona Revised Statutes Title 22 Chapter 1 — Justice Precincts And Precinct Officers

22-101. Justice precincts; formation, change or abolishment; jurisdiction A. The board of supervisors shall divide the county into justice precincts and name or number them, and may change or abolish any justice precinct or redistrict the county, but abolishment of a precinct shall not take effect until expiration of the term of office of the justice and constable then in office. B. A justice of the peace shall have original jurisdiction as provided in sections 22-201 and 22-301. 22-102. Officers and term of office The officers of justice precincts shall be a justice of the peace and a constable, who shall be elected by the qualified electors of the precinct at the general election for state and county officers for terms of four years each. 22-103. Presiding justice of the peace; selection In any county in which two or more justice courts are located, the justices of the peace in that county shall periodically select one justice of the peace to serve as presiding justice of the peace and another justice of the peace to act as the presiding justice of the peace and to perform the duties and exercise the powers of the presiding justice of the peace during the absence or inability to act of the presiding justice of the peace. 22-104. Presiding constable; associate presiding constable; selection; duties A. In each county in which there are four or more constables, the constables in that county shall select by majority vote one constable to serve as the presiding constable and another constable to act as the associate presiding constable and to perform the duties and exercise the powers of the presiding constable during the absence or inability to act as the presiding constable. B. The presiding constable and associate presiding constable each serve for a two-year term. C. At any time during the presiding constable's or associate presiding constable's term, a majority of the constables within the county may vote to remove the presiding constable or associate presiding constable and may select a new presiding constable or associate presiding constable to complete the term. D. The presiding constable's duties include: 1. Serving as the liaison between the constables within the county and the county manager and other county departments. 2. Assigning deputy constables within the county. 3. Assigning and managing clerical staff for constables within the county. 4. In a constable's absence, assigning court orders that need service to other constables within the county. E. This section does not require the county to pay any costs to support a presiding constable or associate presiding constable in performing the duties required by this section. 22-111. Election; term of office In each justice precinct there shall be elected by the qualified electors of the precinct, at the general election, one justice of the peace, who shall hold office for a term of four years from January 1 following his election, and who may continue in office during his candidacy for another judicial office of the state and, if elected, until he assumes the duties of the other judicial office. 22-112. Powers and duties A justice of the peace shall have the powers and perform the duties prescribed by law. 22-113. Seal A. Each justice of the peace shall have an official seal, which shall contain the words "justice of the peace" and the name of the county in which the justice precinct is located. The seal shall be used to authenticate official documents issued and acknowledgments taken by the justice of the peace. B. A digital seal may be used as an official seal. 22-114. Authority to act in other precincts within the county or adjoining precincts; expenses A. In the absence, illness or inability to act or on the request of the justice of the other precinct, each justice of the peace within a county may preside in any other precinct within the county or in any precinct adjoining the precinct regardless of the county in which the adjoining precinct is located. B. The expense of travel to perform the duties of another justice of the peace outside the precinct for which the justice of the peace is elected is a county charge to be paid by the county in which the justice of the peace renders the service. C. On request of a justice of another precinct, for any court proceeding other than a trial and if no witnesses are involved, a justice of one precinct may perform for and on behalf of the justice of the other precinct without being physically present within the precinct of the other justice of the peace. In these cases no travel expense shall be paid. D. If two or more justice courts are located within the same city, the justice of one precinct may perform for and on behalf of the justice of the other precinct without being physically present within the precinct of the other justice of the peace. In these cases no travel expense shall be paid. 22-115. Jurisdiction of successor in office A justice of the peace elected or appointed as the successor of a previous justice of the peace has jurisdiction of the actions or proceedings brought or pending before his predecessor in office, and may proceed therein as if they had been brought before him. 22-116. Funds in possession of justice of the peace; deposit with county treasurer; payment to claimants; disposition of unclaimed funds A. On or before April 1 each year, every justice of the peace whose court is in possession of funds obtained from any source for more than two years shall pay the funds to the county treasurer and shall provide the treasurer with an itemized list showing the name of the person depositing the money with the justice, whether the money was a victim restitution payment, the date of the deposit and the amount. B. The treasurer shall deposit the money in an account known as the suspension account, and at any time within one year from deposit of the funds the amount owing any person shall be returned and paid to the person on warrant issued by the board of supervisors. The board of supervisors shall require strict proof that the money should be repaid to the person claiming it, and the warrant, if issued, shall be paid from the suspension fund. C. One year after deposit of the money with the county treasurer, the county treasurer shall transfer all unclaimed victim restitution payment monies in the suspension account to the state treasurer for deposit in the victim compensation and assistance fund established by section 41-2407 and deposit all money remaining in the suspension account for which no claim has been filed in the general fund of the county. 22-117. Payment of compensation and expenses A. Justices of the peace shall be allowed by the board of supervisors, as a county charge, the following: 1. Space. 2. Equipment. 3. Supplies. B. In a county with a population of less than one million five hundred thousand persons, the state shall pay forty percent of the compensation and employee-related expenditures of a justice of the peace, and the county shall pay sixty percent of the compensation and employee-related expenditures of a justice of the peace, except that the county shall pay the full amount of the employer contribution of the state retirement system or plan or any county health plan. C. If a county is subject to subsection B of this section, the state treasurer shall remit the compensation and employee-related expenditures payable by the state to the county treasurer, and the county shall disburse the monies to the justice of the peace. D. In a county with a population of one million five hundred thousand persons or more, the county shall pay one hundred percent of the compensation and employee-related expenditures of a justice of the peace. E. If a county is subject to subsection D of this section, the following apply: 1. The county's contribution to the hospitalization and medical care of the indigent sick and for the administrative costs of implementing sections 36-2901.01 and 36-2901.04 shall be reduced pursuant to section 11-292, subsection R in an amount that is equal to the difference between the total costs that the county paid pursuant to subsection D of this section and the amount that the county would have paid if the county were subject to subsection B of this section. 2. Pursuant to section 41-563, subsection D, the economic estimates commission shall increase the county's base expenditure limit in an amount that is equal to the difference between the total costs that the county paid pursuant to subsection D of this section and the amount that the county would have paid if the county were subject to subsection B of this section. F. The total amount that may be expended in any fiscal year by the state treasurer for justice of the peace compensation and employee related expenditures reimbursement shall not exceed the amount appropriated in the general appropriation act for this purpose, together with additional amounts appropriated by any special legislative appropriation for justices of the peace. 22-118. Failure to disburse fines or forfeitures received; classification A justice of the peace who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after the receipt thereof, is guilty of a class 2 misdemeanor. 22-119. Purchase of judgment; violation; classification A justice of the peace who knowingly purchases or offers directly or indirectly to purchase any judgment or part of a judgment is guilty of a class 2 misdemeanor. 22-120. Forfeiture of and disqualification from office on conviction of certain crimes In addition to the punishment prescribed by the crime, a justice of the peace who is convicted of any of the following crimes shall forfeit the office and is forever disqualified from holding any office in this state: 1. Asking, receiving or agreeing to receive a bribe on an agreement or understanding that the justice's vote, opinion or decision on any matter or question that is or may be brought before the justice for decision shall be influenced thereby. 2. Asking or receiving any emolument, gratuity or reward or any promise thereof, except as authorized by law, for doing any official act. 3. Purchasing or holding an interest in the purchase of any judgment or part of a judgment. 22-121. Justices of the peace pro tempore; appointment; term; reappointment; extension of duties; powers and duties A. The presiding judge of the superior court in a county may appoint a justice of the peace pro tempore for any precinct of that county where needed in the manner provided by this article and subject to the approval of the board of supervisors. B. The presiding judge may appoint a justice of the peace pro tempore for any period of time not to exceed twelve months for any one term. The presiding judge may reappoint a person who was previously appointed as a justice of the peace pro tempore. The presiding judge may at any time terminate the term of the justice of the peace pro tempore. C. The judicial powers and duties of the justice of the peace pro tempore shall be the same as a duly elected justice of the peace and shall extend beyond the period of the justice of the peace pro tempore's appointment for the purpose of hearing and determining any proceeding necessary for a final determination of a cause heard by the justice in whole or in part during the period of the justice's appointment. 22-122. Qualifications of justices of the peace pro tempore; residence; compensation A. A justice of the peace pro tempore shall be: 1. Of good moral character. 2. A qualified elector and resident of this state for not less than one year next preceding his appointment. B. A justice of the peace pro tempore may be appointed to serve in any precinct or county. C. Notwithstanding any other law or rule, a person who is not admitted to the practice of law may be appointed to serve as a justice of the peace pro tempore. D. A justice of the peace pro tempore is entitled to receive compensation as determined for an elected justice of the peace for the precinct where the justice of the peace pro tempore is assigned to serve. A justice of the peace pro tempore may agree in advance to donate any or all of the justice of the peace pro tempore's services. 22-123. Payment of salaries and other expenses; providing facilities; judicial employees The salary of the justice of the peace pro tempore shall be paid by the county wherein the justice of the peace pro tempore is assigned and all expenses for facilities, judicial employees and supplies shall be paid by the county. 22-124. Custody of records filed; purging; destruction A. The justice of the peace shall maintain and dispose of all documents that are filed with the court pursuant to rules prescribed by the supreme court. B. The justice of the peace or the justice's designee 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 shall have the opportunity in a time prescribed by court rule to review and inspect these records. During this time period, the state library may remove any of these records for storage and retrieval. C. Subsection B of this section does not apply if the director of the Arizona state library, archives and public records has previously approved the destruction of records. 22-125. Justice of the peace compensation; judicial productivity credits; annual report; definitions A. The annual salary of each justice of the peace is determined by the total judicial productivity credits of each court as reported in statistics compiled by the Arizona supreme court. B. Judicial productivity credits shall be determined according to the following formula: 1. All civil filings divided by ten equals __________ judicial productivity credits. 2. All felony counts filed divided by ten equals __________ judicial productivity credits. 3. Except for counts described in paragraph 4 of this subsection, all misdemeanor counts filed divided by ten equals __________ judicial productivity credits. 4. All counts filed that allege a violation of title 5, chapter 3, article 10, title 28, chapter 4, article 3 or section 28-8282 divided by five equals __________ judicial productivity credits. 5. All civil traffic counts filed divided by sixty equals ___________ judicial productivity credits. 6. All petitions for a protective order filed divided by five equals ___________ judicial productivity credits. 7. All civil marijuana counts filed divided by sixty equals ___________ judicial productivity credits. 8. All petitions to expunge filed pursuant to section 36-2862 divided by sixty equals ___________ judicial productivity credits. C. Beginning January 1, 2018, the Arizona supreme court shall annually perform the calculations required by subsection B of this section for each justice court for the previous twelve-month period ending on June 30 to determine the total judicial productivity credits. The Arizona supreme court shall report the total judicial productivity credits for each justice court to the applicable board of supervisors within one hundred twenty days after the end of each twelve-month period. Any adjustment to the salary of a justice of the peace is effective on the following January 1. D. Each justice of the peace shall be paid a percentage of the salary of a superior court judge based on the following schedule: 1. Five hundred or more judicial productivity credits equals seventy percent. 2. Two hundred or more but less than five hundred judicial productivity credits equals sixty-five percent. 3. One hundred fifty or more but less than two hundred judicial productivity credits equals fifty-five percent. 4. One hundred or more but less than one hundred fifty judicial productivity credits equals fifty percent. 5. Fifty or more but less than one hundred judicial productivity credits equals forty-five percent. 6. Twenty-five or more but less than fifty judicial productivity credits equals thirty-five percent. 7. Twenty-four or fewer judicial productivity credits equals twenty-five percent. E. If a justice court is not assigned clerical help, the board of supervisors shall multiply the total judicial productivity credits by two for purposes of determining the salary of the justice of the peace. F. If the board of supervisors divides a justice precinct into two or more precincts, the board shall set the salary of the justice of the peace of each precinct equal to the highest salary of any of the justices of the peace whose precinct is affected by the division. The salary of each justice of the peace shall be adjusted at the end of the first full calendar year after the precincts are divided. G. The board of supervisors shall review and adjust the annual salary for each justice of the peace within the county pursuant to subsection D of this section every year beginning January 1, 2019. H. The judicial productivity credits for a justice court precinct shall not exceed twelve hundred credits. If the total judicial productivity credits of a justice court precinct exceed twelve hundred credits, the county board of supervisors shall create sufficient courts, or redraw the justice court precinct boundaries according to section 22-101, in order to reduce the judicial productivity credits for any precinct which exceeds that limit. I. Except as provided in subsection F of this section, the salary of a justice of the peace may not be reduced during the term in office of the justice of the peace and, if a justice of the peace serves consecutive terms, the salary of the justice of the peace may not be reduced before the start of the consecutive term by more than one tier pursuant to subsection D of this section. J. A filing against a juvenile is determined in the same manner as a similar filing against an adult. K. For the purposes of this section: 1. "Civil filing" means a lawsuit, eviction action, petition for provisional remedy or other civil petition, small claims case or civil local ordinance. 2. "Civil traffic count" means a traffic violation that is not filed as a misdemeanor or felony. 3. "Felony" includes each felony count that is filed in a complaint. 4. "Misdemeanor" includes each misdemeanor and petty offense count that is filed in a complaint or uniform traffic ticket and complaint. 5. "Protective order" means a petition for an order of protection, an injunction against harassment or workplace harassment or a peace bond. 22-131. Constables; powers and duties; prohibited acts A. Constables shall attend the courts of justices of the peace within their precincts when required, and within their counties shall execute, serve and return all processes, warrants and notices directed or delivered to them by a justice of the peace of the county or by competent authority. In addition to any other provision of law these duties may be enforced by the presiding judge of the superior court in the county, including the use of the power of contempt. B. Constables shall attend the training prescribed in section 22-137. C. Constables, with the consent of and at salaries fixed by the board of supervisors, may appoint deputies who are certified pursuant to section 41-1822, subsection A, paragraph 3, stenographers, clerks and assistants necessary to conduct the affairs of their offices. The appointments shall be in writing. D. The provisions of law relating to sheriffs, as far as applicable, govern the powers, duties and liabilities of constables. E. A constable who is duly elected or who is appointed by the board of supervisors has the authority of a peace officer only in the performance of the constable's official duties. F. A constable may execute, serve and return processes and notices as prescribed in subsection A of this section within any precinct in another county if that precinct adjoins the precinct in which the constable was elected or appointed. G. A constable is prohibited from engaging in any act as a private process server outside of the constable's elected or appointed duties. A constable shall not own an interest in any entity that operates a private process serving business. H. An elected or appointed constable may request training from the constable ethics standards and training board. If approved by the board, the training shall be paid for with board monies and provided by a constable who is selected by the board and who has completed the mandatory basic training course prescribed in section 22-137. The constable who is selected to provide the training may provide that training in any county of this state. 22-132. Expenses Constables shall be allowed by the board of supervisors, as a county charge, the actual and necessary expenses incurred in training as required by section 22-137, pursuing defendants, transacting business relating to civil and criminal matters and serving notices and processes, except that the allowable expenses for service of process in civil actions shall be as provided in section 11-445. 22-133. Failure to disburse fine or forfeiture received; classification A constable who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after receipt thereof, is guilty of a class 2 misdemeanor. 22-134. Purchase of judgment; violation; classification A constable who knowingly purchases or offers directly or indirectly to purchase any judgment or part of a judgment is guilty of a class 2 misdemeanor. 22-135. Forfeiture of and disqualification from office on conviction of certain crimes In addition to the punishment prescribed by the crime, a constable who is convicted of any of the following crimes shall forfeit the office and is forever disqualified from holding office in this state: 1. Asking, receiving or agreeing to receive a bribe on an agreement or understanding that his vote, opinion or decision on any matter or question that is or may be brought before him for decision shall be influenced thereby. 2. Asking or receiving any emolument, gratuity or reward or any promise thereof, except as authorized by law, for doing any official act. 3. Purchasing or holding an interest in the purchase of any judgment or part of a judgment. 22-136. Constable ethics standards and training board A. A constable ethics standards and training board is established consisting of the following voting members: 1. One constable who is from a county with a population of less than one million persons and who is appointed by a statewide constables association established prior to January 1, 2010. 2. One constable who is from a county with a population of one million or more persons and who is appointed by a statewide constables association established prior to January 1, 2010. 3. One justice of the peace who is appointed by the chief justice of the supreme court. 4. One county administrator or designee who is appointed by the county supervisors association. 5. The director of the Arizona peace officer standards and training board or the director's designee. 6. One member of the public who is appointed by the governor. 7. One member who is a board member of the Arizona multihousing association at the time of appointment and who is appointed by the governor. B. The board shall annually elect a chairperson, vice-chairperson and secretary from among its members. The chairperson may establish committees to assist and advise the board in carrying out its responsibilities. A majority of the board constitutes a quorum and a majority vote of the quorum is necessary for the board to take any action. C. Terms of the board members are four years. If a member ceases to hold the position that qualified the member for the appointment, the member's membership terminates and the appointing authority pursuant to subsection A fills the vacancy for the unexpired term. D. Members of the board are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. 22-137. Constable ethics standards and training board; powers and duties; judicial review; constable training; definition A. The constable ethics standards and training board shall: 1. Adopt rules for the administration and conduct of the board, including meeting times, meeting places and matters to be placed on the agenda of each meeting, and for the distribution of monies in the constable ethics standards and training fund pursuant to section 22-138. 2. Adopt a code of conduct for constables and adopt rules to enforce the code of conduct. 3. Establish procedures for conducting confidential investigations and holding hearings. 4. Hear and investigate written complaints from any person involving a constable's ethical conduct. 5. Remedy a constable's inappropriate behavior by: (a) Mediating. (b) Issuing warnings, reprimands or admonishments. (c) Instructing constables to take a particular action or to take educational classes. (d) Urging a constable to resign from office. (e) Placing a constable on probation for up to thirty days, except that after the initial thirty days of probation if the constable is making progress on probation but the constable's behavior is not yet compliant, the board may extend probation in additional thirty-day increments up to a total length of probation of one hundred eighty days. (f) Recommending to the board of supervisors that a constable who has previously been placed on probation be suspended from performing the constable's duties without pay for any specified length of time not to exceed the remainder of the constable's term. 6. Adopt a standardized daily activity log for constables that is approved by the director of the Arizona peace officer standards and training board and that complies with section 11-445, subsections I and J. B. The board may: 1. Employ an executive director and other staff necessary to fulfill the powers and duties of the board. 2. Enter into contracts and interagency agreements to carry out its powers and duties. 3. Certify organizations to provide training and support programs for constables. 4. Provide support grants to constables for local or statewide training programs. 5. Take and hear evidence, administer oaths and affirmations and compel by subpoena the attendance of witnesses, including constables, and the production of books, papers, records, documents and other information relating to any investigation or hearing. C. If the board determines that a constable has committed a criminal act, the board shall refer the investigation to the county attorney's office in the county in which the conduct at issue occurred. The board shall submit the investigation's findings to the county attorney. If the county attorney determines that a crime has not occurred or does not file a criminal complaint against the constable, the board shall adjudicate the complaint pursuant to subsection A, paragraph 5 of this section. D. A constable may seek judicial review of a final order that is issued by the board of supervisors suspending the constable in the superior court in the county in which the constable is elected or appointed. Judicial review shall be conducted pursuant to title 12, chapter 7, article 6. Judicial review must be commenced pursuant to section 12-904. E. The Arizona peace officer standards and training board shall approve a mandatory basic training course for newly elected constables covering topics including civil and criminal process, conflict resolution and firearm safety. Constables must attend the mandatory training course within six months after election. In subsequent years, constables must annually attend at least sixteen hours of additional training approved by the Arizona peace officer standards and training board. The constable ethics standards and training board may approve additional training courses for constables. The constable ethics standards and training fund established by section 22-138 may be used for constable training. Copies of certificates of completion of the constable training shall be forwarded to the constable ethics standards and training board within thirty days after completion. F. This section does not: 1. Create a cause of action or a right to bring an action against the board. 2. Preclude a prosecuting agency from filing charges against a constable. G. The board of supervisors may accept or modify a recommendation to suspend a constable from performing the constable's duties without pay pursuant to subsection A, paragraph 5 of this section. The board of supervisor's determination is final unless a constable seeks judicial review pursuant to subsection D of this section. H. For the purposes of this section, "constable" includes a deputy constable who is appointed, employed or authorized by the county board of supervisors. 22-138. Constable ethics standards and training fund; budget A. A constable ethics standards and training fund is established consisting of monies received from writ fees collected pursuant to section 11-445, subsection A, paragraph 17. The constable ethics standards and training board shall administer the fund. On notice from the board, the state treasurer shall invest and divest monies in the fund pursuant to section 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations and are continuously appropriated to the board for the purposes of this section. B. The constable ethics standards and training board shall use: 1. Eighty per cent of the monies appropriated from the fund for constable training, equipment and related grants. 2. Twenty per cent of the monies appropriated from the fund for operating expenses of the board. C. On or before July 1 of each year, the board shall adopt a budget. The budget is effective on the approval of the board.