ARIZONA HOUSE OF REPRESENTATIVES

Fifty-seventh Legislature

First Regular Session

Senate: PS DP 7-0-0-0 | 3rd Read 24-4-2-0

House: PSLE DP 11-3-0-1

SB 1161: sheriffs; constables; service; mileage; fees

Sponsor: Senator Gowan, LD 19

Caucus & COW

Overview

Modifies a constable's mileage formula and increases the writ fee issued on behalf of a Justice of the Peace (JP).

History

Sheriffs receive numerous fees in civil actions, including a writ fee issued on behalf of a JP. The writ fee amount is established by the county board of supervisors and cannot exceed $5 per writ. All monies collected from writ fees must be deposited into the Constables Ethics Standards and Training Fund (A.R.S. § 11-445).

For traveling to serve civil process, writs, orders, pleadings or papers, the sheriff must receive $2.40 for each mile necessarily traveled but cannot exceed 200 miles or be less than $16. Mileage is only charged one way. A constable must receive the same fees as a sheriff for performing the same services in civil actions. Their current mileage is determined from the JP office that originated the civil action to the place of service (A.R.S. § 11-445).

Provisions

1. Increases the writ fee issued on behalf of a JP from $5 to $10. (Sec. 1)

2. Modifies a constable's mileage formula by starting at the JP's office in the precinct where the constable serves rather than starting at the JP's office that originated the civil action. (Sec. 1)

3. Contains a Prop 108 clause. (Sec. 2)

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7. SB 1161

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