Agenda

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Regular Agenda Item 2. B.

Regular BOS Meeting

Meeting Date:	09/18/2018
Submitted For:	Dorothy Little	Submitted By:	Marian Sheppard, Clerk of the Board
Department:	Justice Court-Payson Regional

Information

Request/Subject

Adopt Resolution No. 18-09-01 Regarding the Collection of Writ Fees

Background Information

On October 3, 2006, the Board of Supervisors adopted Resolution No. 06-10-01 authorizing the charging in civil cases a fee of $2.00 for every writ served on behalf of the Payson Regional Justice of the Peace and Globe Regional Justice of the Peace which shall be deposited into the State of Arizona's Constable Ethics Standards and Training Fund established by A.R.S. § 22-138.

On July 1, 2008, the Board of Supervisors authorized an increase in the writ fee from $2.00 to $5.00; however, a resolution was not presented at that time for Board adoption. On August 4, 2008, the Board of Supervisors adopted Resolution No. 08-08-01 to be retroactive to July 1, 2008, which amended Resolution No. 06-10-01. This amendment increased the writ fee from $2.00 to $5.00 for every writ served on behalf of the Payson Regional Justice of the Peace and the Globe Regional Justice of the Peace.

Recent passage and signing into law of SB1113 made a change to A.R.S. § 11-445 (A)(17) affecting the way writ fees are collected from every writ “served” on behalf of a justice of the peace to every writ “issued’ on behalf of a justice of the peace, and to be collected by the justice of the peace and deposited into the State of Arizona's Constable Ethics Standards and Training Fund.

Evaluation

A new resolution needs to be adopted by the Board of Supervisors to effectively notate this legislative change and repeal previously Board-adopted Resolution numbers 06-10-01 and 08-08-01.

Conclusion

The Board of Supervisors should consider adopting Resolution No. 18-09-01.

Recommendation

It is recommended that the Board of Supervisors adopt Resolution No. 18-09-01 which authorizes a fee of $5.00 for every writ "issued" on behalf of a justice of the peace to be collected by the Payson Regional Justice Court and Globe Regional Justice Court and deposited into the State of Arizona's Constable Ethics Standards and Training Fund pursuant to A.R.S. § 22-138; and repeals Resolution numbers 06-10-01 and 08-08-01.

Suggested Motion

Information/Discussion/Action to adopt Resolution No. 18-09-01 authorizing a fee of $5.00 for every writ issued on behalf of a justice of the peace to be collected by the Payson Regional Justice Court and Globe Regional Justice Court and deposited into the State of Arizona’s Constable Ethics Standards and Training Fund pursuant to A.R.S. § 22-138; and repealing Resolution numbers 06-10-01 and 08-08-01. (Tony McDaniel)

Attachments
Resolution No. 18-09-01
Resolution No. 08-08-01
Resolution No. 06-10-01
ARS 22-138