Arizona Laws 38-1135. Probation officers as witnesses; right to representation
A. If a probation officer is designated as a witness by the probation officer‘s employer in an investigation that could lead to another probation officer’s dismissal, demotion or suspension, the witness probation officer may request to have a representative present at no cost to the employer during the witness interview. Unless agreed to by the employer, the representative shall be from the same agency and shall not be an attorney except that if a representative from the same agency is not reasonably available, with the employer’s permission, the witness probation officer’s representative may be from the witness probation officer’s professional membership organization.
Terms Used In Arizona Laws 38-1135
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Disciplinary action: means the dismissal, the demotion or any suspension of a probation officer that is authorized by statute, charter or ordinance and that is subject to a hearing or other procedure by a local merit board, a civil service board or a hearing officer. See Arizona Laws 38-1131
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Probation officer: means a surveillance officer, juvenile detention officer or juvenile or adult probation officer, other than a probationary employee, who is employed by this state or a political subdivision of this state. See Arizona Laws 38-1131
B. The witness probation officer shall answer all questions asked by the probation officer’s department investigator. Any information learned during a witness interview is considered proprietary and confidential by the employer and shall remain so until the witness probation officer is served with a notice of investigation by the employer or the witness probation officer is released from the confidentiality requirements of this section.
C. The witness probation officer may discuss the probation officer’s witness interview with the witness probation officer’s representative or that representative’s legal counsel. If the witness probation officer or the witness probation officer’s representative releases information without authorization, the employer may subject the witness probation officer or the witness probation officer’s representative to disciplinary action.