Arizona Laws 22-125. Justice of the peace compensation; judicial productivity credits; annual report; definitions
A. The annual salary of each justice of the peace is determined by the total judicial productivity credits of each court as reported in statistics compiled by the Arizona supreme court.
Terms Used In Arizona Laws 22-125
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
B. Judicial productivity credits shall be determined according to the following formula:
1. All civil filings divided by ten equals __________ judicial productivity credits.
2. All felony counts filed divided by ten equals __________ judicial productivity credits.
3. Except for counts described in paragraph 4 of this subsection, all misdemeanor counts filed divided by ten equals __________ judicial productivity credits.
4. All counts filed that allege a violation of Title 5, Chapter 3, Article 10, Title 28, Chapter 4, Article 3 or section 28-8282 divided by five equals __________ judicial productivity credits.
5. All civil traffic counts filed divided by sixty equals ___________ judicial productivity credits.
6. All petitions for a protective order filed divided by five equals ___________ judicial productivity credits.
7. All civil marijuana counts filed divided by sixty equals ___________ judicial productivity credits.
8. All petitions to expunge filed pursuant to section 36-2862 divided by sixty equals ___________ judicial productivity credits.
C. Beginning January 1, 2018, the Arizona supreme court shall annually perform the calculations required by subsection B of this section for each justice court for the previous twelve-month period ending on June 30 to determine the total judicial productivity credits. The Arizona supreme court shall report the total judicial productivity credits for each justice court to the applicable board of supervisors within one hundred twenty days after the end of each twelve-month period. Any adjustment to the salary of a justice of the peace is effective on the following January 1.
D. Each justice of the peace shall be paid a percentage of the salary of a superior court judge based on the following schedule:
1. Five hundred or more judicial productivity credits equals seventy percent.
2. Two hundred or more but less than five hundred judicial productivity credits equals sixty-five percent.
3. One hundred fifty or more but less than two hundred judicial productivity credits equals fifty-five percent.
4. One hundred or more but less than one hundred fifty judicial productivity credits equals fifty percent.
5. Fifty or more but less than one hundred judicial productivity credits equals forty-five percent.
6. Twenty-five or more but less than fifty judicial productivity credits equals thirty-five percent.
7. Twenty-four or fewer judicial productivity credits equals twenty-five percent.
E. If a justice court is not assigned clerical help, the board of supervisors shall multiply the total judicial productivity credits by two for purposes of determining the salary of the justice of the peace.
F. If the board of supervisors divides a justice precinct into two or more precincts, the board shall set the salary of the justice of the peace of each precinct equal to the highest salary of any of the justices of the peace whose precinct is affected by the division. The salary of each justice of the peace shall be adjusted at the end of the first full calendar year after the precincts are divided.
G. The board of supervisors shall review and adjust the annual salary for each justice of the peace within the county pursuant to subsection D of this section every year beginning January 1, 2019.
H. The judicial productivity credits for a justice court precinct shall not exceed twelve hundred credits. If the total judicial productivity credits of a justice court precinct exceed twelve hundred credits, the county board of supervisors shall create sufficient courts, or redraw the justice court precinct boundaries according to section 22-101, in order to reduce the judicial productivity credits for any precinct which exceeds that limit.
I. Except as provided in subsection F of this section, the salary of a justice of the peace may not be reduced during the term in office of the justice of the peace and, if a justice of the peace serves consecutive terms, the salary of the justice of the peace may not be reduced before the start of the consecutive term by more than one tier pursuant to subsection D of this section.
J. A filing against a juvenile is determined in the same manner as a similar filing against an adult.
K. For the purposes of this section:
1. "Civil filing" means a lawsuit, eviction action, petition for provisional remedy or other civil petition, small claims case or civil local ordinance.
2. "Civil traffic count" means a traffic violation that is not filed as a misdemeanor or felony.
3. "Felony" includes each felony count that is filed in a complaint.
4. "Misdemeanor" includes each misdemeanor and petty offense count that is filed in a complaint or uniform traffic ticket and complaint.
5. "Protective order" means a petition for an order of protection, an injunction against harassment or workplace harassment or a peace bond.