Agenda

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Public Hearing 3. A.

Regular BOS Meeting

Meeting Date:	07/06/2021
Submitted For:	Jonathan Bearup	Submitted By:	Jonathan Bearup, Court Administrator
Department:	Superior Court	Division:	Superior Court Administration

Information

Request/Subject

Adopt Resolution No. 21-07-01 for the adoption of a Judicial Administrative Fee Schedule

Background Information

Over the past ten years, court operations have undergone a significant evolution. The impact of recent mandates (i.e. in the areas of language access, staff training, and court security) have resulted in financial requirements and systems development of an unprecedented nature. The transition to a wholly digital court environment is well-advanced and dominating many aspects of operations. Court automation and corresponding technical infrastructure have also thus contributed to new and challenging business demands.

As a result of these pressures, and in order to provide for similar future obligations, many courts in many jurisdictions sought the support of their respective Boards to implement judicial fee schedules. Court Administration believes the proposal before the Board today would offer Gila a similar means of addressing and potentially mitigating this financial disparity.

Evaluation

As mentioned above, the judicial fee schedule would provide supplementary funding. Based upon modeling, the judicial fee schedule would generate approximately $23,000 - $43,000 in total revenue to be split amongst the two Justice Courts.

The fee schedule authorizes the establishment of two fees with corresponding funds: 1) the Justice Court Suspension / Default Fee; and 2) the Justice Court Enhancement Fee.

The Justice Court Suspension / Default fee would allow the Justice of the Peace to impose a fee of fifty dollars ($50.00) on any criminal or civil traffic case in which a default judgment or suspension is issued.

The Justice Court Enhancement Fee authorizes a twenty dollar ($20.00) fee on any civil or small claims case filing within the Justice Courts.

Collections for either of these fees would be received by the Justice Courts and deposited with the County Treasurer in accordance with the Arizona Supreme Court’s Minimum Accounting Standards and County policy.

The implementation of a fee schedule would not compromise any citizen’s “Access to Justice” as access is well-preserved in statute and other authority. Any filing fee is subject to the fee deferral and waiver provisions contained within the Arizona Code of Judicial Administration. Any fine imposed in a criminal or traffic case requires the judicial officer to make an “ability to pay” determination and thus any financial obligation cannot be overly onerous. The Justice Courts would also self-impose statutory spending guidelines to ensure that any funds collected are appropriately utilized.

Lastly, this fee schedule has the full approval and support of both Presiding Judge Timothy Wright and both Justices of the Peace.

In accordance with A.R.S. 11-251.08, a notice of this public hearing was published in the Payson Roundup newspaper on June 18, 2021.

Conclusion

The Judicial Administrative Fee Schedule is in the best interests of the Justice Courts of Gila County and would offer financial flexibility to meet future challenges.

Recommendation

Court Administration respectfully recommends that the Board of Supervisors conduct the public hearing and after the public hearing has been concluded, adopt the Judicial Administrative Fee Schedule as contained within Resolution No. 21-07-01.

Suggested Motion

Information/Discussion/Action to adopt Resolution No. 21-07-01, the Judicial Administrative Fee Schedule beginning January 1, 2022. (Jon Bearup)

Attachments
Resolution No. 21-07-01
Judicial Fee Schedule Proposal
ARS 11-251.08
Hearing Notice Re: Judicial Administrative Fee Schedule
Affidavit of Publication-Hearing Notice