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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
superior court commissioner; appointment; qualifications
Purpose
Removes the requirement that a court commissioner reside in the county in which appointed and within the jurisdiction of the judge making the appointment.
Background
Judges of the superior court may appoint court commissioners, masters and referees in their respective counties. Court commissioners, masters and referees receive such compensation as may be provided by law. When the court commissioner performs services in place of the judge of the superior court the commissioner is paid such amount as the court determines to be reasonable, considering the services performed. The state and county must each pay one half of the amount (AZ. Const. Art. VI § 24 and A.R.S. § 12-212).
In counties having three or more superior court judges, the presiding judge may appoint court commissioners to serve at their pleasure. Appointed commissioners receive an annual salary set by the presiding judge which may not exceed 90 percent of the salary of a judge of the superior court. The commissioner's salary is be a county charge. An appointed commissioner must be admitted to the practice of law in and a resident of Arizona for five years preceding taking office (A.R.S. § 12-213).
All court commissioners and juvenile court commissioners appointed as prescribed by the Arizona Constitution and as provided by current statute have powers that include the ability to hear and determine in a proceeding relating to a matter arising out of dissolution of marriage, garnishment of monies, the Uniform Interstate Family Support Act and trusts, estates and protective proceedings. The commissioner has the power to grant and, when otherwise required, sign an order, judgment or decree on written stipulation as to its terms or arising out of any matter heard and determined as outlined (Ariz. Sup. Ct. Rules, Rule 96).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Removes the requirement that a court commissioner reside in the county in which appointed and within the jurisdiction of the judge making the appointment.
2. Specifies that the state and the county are each required to pay one half of a commissioner's salary in counties with fewer than three superior court judges and if sufficient state monies are appropriated.
3. Repeals statute relating to powers of court commissioners as already provided under the Arizona Constitution and the Rules of the Supreme Court of Arizona.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 14, 2023
ZD/KS/sr