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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
ENACTED
FACT SHEET FOR H.B. 2859/S.B. 1726
courts; 2022-2023
Purpose
Makes statutory and session law changes relating to the courts necessary to implement the FY 2023 state budget.
Background
The Arizona Constitution prohibits substantive law from being included in the general appropriations, capital outlay appropriations and supplemental appropriations bills. However, it is often necessary to make statutory and session law changes to effectuate the budget. Thus, separate bills called budget reconciliation bills (BRBs) are introduced to enact these provisions. Because BRBs contain substantive law changes, the Arizona Constitution provides that they become effective on the general effective date, unless an emergency clause is enacted.
H.B. 2859 contains the budget reconciliation provisions for changes relating to the courts.
Provisions
Court of Appeals – Additional Judges
1. Expands Division I of the Court of Appeals from 16 judges to 19 judges.
2. Expands Division II of the Court of Appeals from 6 judges to 9 judges.
3. Adds a new department to Division I and Division II of the Court of Appeals to accommodate the addition of three new judges to each Division.
4. Allows four of the Division I judges and three of the Division II judges to be at-large judges that may be residents of any county in the applicable Division.
5. Requires Division I at-large judges to be elected for retention by the voters in Maricopa County if the judge is a resident of Maricopa County, or by the voters in the other counties in Division I if the judge is not a resident of Maricopa County.
6. Requires Division II at-large judges to be elected for retention by the voters in Pima County if the judge is a resident of Pima County, or by the voters in the other counties in Division II if the judge is not a resident of Pima County.
7. Allows matters to be transferred between the divisions in order to equalize caseloads and for the best use of judicial resources.
8. Allows the Chief Judge of each division to designate a specialized department to process different types of matters, including a specialized department that handles matters related to complex civil litigation.
9. Requires the Administrative Office of the Courts (AOC) to conduct an evaluation to determine whether the distribution of cases between the divisions should be reallocated for optimal use of judicial resources and expeditious case resolution.
10. Requires the AOC to submit a report on the results of the evaluation to the Joint Legislative Budget Committee and the Governor's Office of Strategic Planning and Budgeting by January 1, 2025.
Juror Compensation Increase
11. Allows a person who serves as a petit juror in the superior court to be eligible for replacement and supplemental earnings after one day of service, rather than five days of service.
12. Allows the Arizona Trial and Digital Evidence Fund to receive Legislative appropriations.
Justice of the Peace (JP) Compensation
13. Increases, from 19.25 percent to 40 percent, the portion of JP compensation and employee related expenditures paid for by the state for all counties except Maricopa County, and subsequently decreases the county portion of JP compensation from 80.75 percent to 60 percent.
Appellate Case Management System
14. Allows the Supreme Court to use up to $2,600,000 from various funds in FY 2023 to implement a new appellate case management system.
Arizona Trial and Digital Evidence Fund
15. Renames the Arizona Lengthy Trial and Digital Evidence Fund as the Arizona Trial and Digital Evidence Fund.
Miscellaneous
16. Makes technical and conforming changes.
17. Becomes effective on the general effective date.
House Action Senate Action
APPROP 6/21/22 DP 8-5-0-0 APPROP 6/22/22 DP 4-3-3
3rd Read 6/23/22 43-16-1 3rd Read 6/23/22 18-10-2
(H.B. 2859 was substituted for S.B. 1726 on 3rd Read)
Signed by the Governor 6/28/22
Chapter 310
Prepared by Senate Research
July 7, 2022
ZD/sr