ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

House: APPROP DP 8-5-0-0

HB 2859: courts; 2022-2023

Sponsor: Representative Cobb (with permission of committee on Rules), LD 5

Caucus & COW

Overview

Contains provisions relating to the courts needed to implement the FY 2023 budget.

History

The Arizona Legislature adopts a budget for each fiscal year (FY) that contains general appropriations. Article IV, Section 20, Part 2, Constitution of Arizona, requires the General Appropriations Act (feed bill) to contain only appropriations for the different state departments, state institutions, public schools and interest on public debt. Statutory changes necessary to reconcile the appropriations made in the feed bill and other changes are drafted into separate budget bills. These bills are prepared according to subject area.

Provisions

Arizona Trial and Digital Evidence Fund

1.   As permanent law, renames the Arizona Lengthy Trial and Digital Evidence Fund to the Arizona Trial and Digital Evidence Fund and specifies it consists of legislative appropriations. (Sec. 1, 4)

Appellate Case Management System

2.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteExtends, as session law, from FY 2022 to FY 2023, the ability of the Supreme Court to use up to $2,600,000 to design, implement and upgrade a new appellate case management system. (Sec. 6)

Petit Jurors

3.   As permanent law, allows a petit juror in the superior court to be eligible for replacement and supplemental earnings after one day of service. (Sec. 4)

Courts

4.   As permanent law, modifies the Division I and Division II Court of Appeals panels by making four judges in Division I and three judges in Division II at-large judges who can reside in any county in the judges' division, and allows cases to be transferred between divisions to equalize caseloads. (Sec. 2)

5.   As session law, requires the Administrative Office of the Courts to evaluate the distribution of cases between divisions and submit a report on the findings to JLBC and OSPB by January 1, 2025. (Sec. 7)

6.   As session law, allows the Chief Judge of each division to designate specialized departments to process different types of cases, including a specialized department that handles complex civil litigation. (Sec. 8)

Justice of the Peace Compensation and Employee-Related Expenditures

7.   As permanent law, raises the portion of justice of the peace compensation and employee-related expenditures paid by the state from 19.25% to 40%. (Sec. 5)

Miscellaneous

8.   Makes technical and conforming changes. (Sec. 1, 2, 3, 4, 5, 6)

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12.                    HB 2859

13.  Initials LC  Page 0 Caucus & COW

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