Public Hearings 8.
Regular Board of Supervisors Meeting
Court Administration
- Meeting Date:
- 01/04/2022
- Title:
- Approve Revised Judicial Administrative Fee Schedule
- Submitted By:
- Shawneen Serrano, Court Administration
- Department:
- Court Administration
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
2
NAME
of PRESENTER:
of PRESENTER:
Honorable Timothy B. Dickerson
TITLE
of PRESENTER:
of PRESENTER:
Superior Court, Presiding Judge
Mandated Function?:
Federal or State Mandate
Source of Mandate
or Basis for Support?:
or Basis for Support?:
ARS11-251.08
Docket Number (If applicable):
Information
Agenda Item Text:
Adopt Resolution 22-01, approving the Revised Judicial Administrative Fee schedule.
Background:
In 2004, the Board of Supervisors established judicial administrative fees for the Justice and Superior Courts to provide funds to defray the operation of the courts. The administrative fees, also known as court enhancement fees, were amended in 2008 by addition of new fees. The County is authorized to establish local fees by A.R.S. §11-251.08, a copy of which is attached.
The revenue from our court enhancement fees is vital to the operation of our courts. Here is a summary of expenses paid with these fees:
A legislative change effective September 29, 2021, removed the court’s authority to suspend driving privileges for failure to appear for civil traffic hearings or for failure to pay civil traffic fines. This means our Justice Courts can no longer impose our $75 suspension fee, but Justice Court staff must still enter a default when a person fails to appear and take collection action when a person fails to pay. Suspension fees collected by the Justice Courts are divided 35% - 65% between the Justice Courts and the Superior Court. The Justice Courts collected $90,562.95 in suspension fees in FY 20/21.
We propose amending the local fees to partially replace the revenue we will no longer receive from the suspension fees. A new default fee will be imposed if a person fails to appear for their civil traffic hearing. We want to keep the suspension fee in the ordinance in case the law is changed again to allow suspension of driving privileges for failure to pay. We are also requesting that the default fee and the suspension fee be set at $100 to reflect the amount of work required of court staff. The amount of the suspension fee has not changed since 2004.
The revenue from our court enhancement fees is vital to the operation of our courts. Here is a summary of expenses paid with these fees:
- $164,734.09 for salary plus EREs for Justice Court personnel.
- $49,504.45 for the lease of computers, printers, and scanners from the Administrative Office of the Courts (AOC), for the Justice Courts. This expense increases every year.
- $203,209 for the operation of Superior Court Division 6.
- $11,098.89 for supplies and equipment for the Justice Courts.
- $217,776.20 for salary plus EREs for court security personnel.
A legislative change effective September 29, 2021, removed the court’s authority to suspend driving privileges for failure to appear for civil traffic hearings or for failure to pay civil traffic fines. This means our Justice Courts can no longer impose our $75 suspension fee, but Justice Court staff must still enter a default when a person fails to appear and take collection action when a person fails to pay. Suspension fees collected by the Justice Courts are divided 35% - 65% between the Justice Courts and the Superior Court. The Justice Courts collected $90,562.95 in suspension fees in FY 20/21.
We propose amending the local fees to partially replace the revenue we will no longer receive from the suspension fees. A new default fee will be imposed if a person fails to appear for their civil traffic hearing. We want to keep the suspension fee in the ordinance in case the law is changed again to allow suspension of driving privileges for failure to pay. We are also requesting that the default fee and the suspension fee be set at $100 to reflect the amount of work required of court staff. The amount of the suspension fee has not changed since 2004.
Department's Next Steps (if approved):
Next steps are to establish the default fee, with Administrative Office of the Courts (AOC) to add the fee to system and notify staff for case processing.
Impact of NOT Approving/Alternatives:
The impact if not funded will be that the courts will have to relay on general fund funding to help cover the expenses.
To BOS Staff: Document Disposition/Follow-Up:
Prepare three originals and return two to Niltza Flores, Court Administration.
Fiscal Impact
- Fiscal Year:
- 2022
- Ongoing Costs? ($$$):
- 90562.95
Fiscal Impact & Funding Sources (if known):
The Justice Courts collected $90,562.95 in suspension fees n FY 20/21. With the suspension fee no longer effective as of September 29, 2021, the courts authority to collect the $75.00 suspension fee, will impact various operations of the court.