Bill Text: AZ SB1372 | 2012 | Fiftieth Legislature 2nd Regular | Introduced
Bill Title: Appeals court; size; fees distribution
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-13 - Referred to Senate RULES Committee [SB1372 Detail]
Download: Arizona-2012-SB1372-Introduced.html
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REFERENCE TITLE: appeals court; size; fees distribution |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1372 |
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Introduced by Senator Shooter
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AN ACT
amending section 12-120, Arizona Revised Statutes; repealing section 12-120.02, Arizona Revised Statutes; amending sections 12-120.04, 12-120.07, 12-120.10 and 12-120.31, Arizona Revised Statutes; repealing sections 12-145, 12-146 and 12-147, Arizona Revised Statutes; amending section 12-170, Arizona Revised Statutes; relating to the court of appeals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-120, Arizona Revised Statutes, is amended to read:
12-120. Creation of court of appeals; court of record; composition; sessions
A. There is created A court of appeals which shall constitute is established and constitutes a single court and such court shall be a court of record.
B. The court of appeals shall be divided into two divisions which shall be designated as division 1 and division 2. Division 1 shall have sixteen three judges, consisting of the chief judge and five departments of three judges each, denominated, respectively, department A, department B, department C, department D and department E. Division 2 shall have six three judges, consisting of two departments of three judges each, denominated, respectively, department A and department B.
C. Division 1 shall consist of the counties of Maricopa, Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache.
D. Division 2 shall consist of the counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham and Gila.
E. The sessions of divisions 1 and 2 shall be held in Phoenix and Tucson, respectively. Sessions may be held at places other than Phoenix or Tucson when in the opinion of a majority of the judges of a division or department the public interest so requires. The judges of the respective divisions and departments may hold sessions in either division and shall do so when directed by the chief justice of the supreme court. Each judge of the court of appeals may participate in matters pending before a different division or department.
F. No more than three judges of the court of appeals, including superior court judges and retired judges sitting with the court, shall hear and determine a matter and render a decision, and a majority of two of the three judges shall be sufficient to render a decision.
Sec. 2. Repeal
Section 12-120.02, Arizona Revised Statutes, is repealed.
Sec. 3. Section 12-120.04, Arizona Revised Statutes, is amended to read:
12-120.04. Chief judge; duties
A. The chief judge of each division shall be elected annually by the members of the division. The chief judge may be a member of any department of the division. The chief judge shall serve in such capacity until his successor has been elected as provided by this section.
B. The chief judge shall exercise administrative supervision over the division in which he serves, shall have such other duties as may be provided by rules of the supreme court and shall apportion the business to the departments in such manner as to equalize the distribution of business among them.
C. The chief judge may, and upon direction by the chief justice of the supreme court shall, designate one department to hear and determine all reviews authorized by the provisions of section 23‑951. Such designated department may also hear and determine other matters assigned to it by the chief judge.
D. C. In the absence of the chief judge from the place at which the court is held, or his inability to act, the other judges shall select one of their own number to perform the duties and exercise the powers of the chief judge during such absence or inability to act.
E. The judges of each department shall periodically select a presiding judge and a member to act as the presiding judge to perform the duties and exercise the powers of the presiding judge during the absence or inability to act of the presiding judge.
F. The chief judge of division 2 shall be eligible to be the presiding judge of a department.
G. The chief judge of division 1 shall designate one department to hear and determine all appeals authorized by section 12‑170. This department may also hear and determine other matters assigned to it by the chief judge.
Sec. 4. Section 12-120.07, Arizona Revised Statutes, is amended to read:
12-120.07. Opinions; publication
A. The chief judge shall assign three of the judges to each department, and such assignment may be changed by him from time to time. Each of the departments shall have the power to hear and determine causes and all questions arising therein. The presence of three judges shall be necessary to transact any business in either of the departments; except such as may be done in chambers and except as may be otherwise permitted by law. The opinions of a division or of a department of the court of appeals shall be in writing, the grounds stated, and shall be concurred in by a majority of a department if heard by a department or of the division if heard by the division. An opinion of a division or a department of a division shall be the opinion of the court of appeals.
B. The opinions of the court of appeals shall be published and distributed in the same manner as provided for the publication and distribution of opinions of the supreme court.
C. Not later than sixty days preceding the regular primary election for the retention of an appellate court judge, the commission on judicial performance review shall prepare and publish on its website a list of the decisions of that appellate court judge including the decision's official citation and an electronic copy of the entire text of the decision.
Sec. 5. Section 12-120.10, Arizona Revised Statutes, is amended to read:
12-120.10. Post of duty
The designated post of duty of judges of the court of appeals who are elected by the voters of the counties in division one, excluding Maricopa county, and in division two, excluding Pima county, as prescribed by the terms of section 12‑120.02, shall be deemed to be their place of physical residence.
Sec. 6. Section 12-120.31, Arizona Revised Statutes, is amended to read:
12-120.31. Fees and costs; distribution
A. Fees and costs in the court of appeals shall be the same as supreme court fees and costs pursuant to section 12‑119.01.
B. Fees charged by the court of appeals for electronic filing of documents and electronic access shall be the same amount as fees charged by the supreme court and are subject to the provisions of section 12‑119.02.
C. The court of appeals shall retain 8.36 1.0 per cent of all of the monies it collects monthly pursuant to subsection A of this section. The retained monies shall be used to improve, maintain and enhance the ability to collect and manage monies assessed or received by the court, to improve court automation and to improve case processing or the administration of justice. The clerk of the court of appeals shall submit a plan to the supreme court that the supreme court shall approve before the court spends the retained monies.
D. Excluding the monies that are retained pursuant to subsection C of this section, the clerk of the court of appeals shall deposit, pursuant to sections 35‑146 and 35‑147, all monies collected pursuant to subsection A of this section as follows:
1. 19.42 per cent in the judicial collection enhancement fund established by section 12‑113.
2. 26.00 per cent with the state treasurer for transmission to the elected officials' retirement plan fund established by section 38‑802. The monies shall be transmitted by the state treasurer to the fund pursuant to section 38‑810.
3. 46.22 53.58 per cent in the state general fund.
Sec. 7. Repeal
Sections 12-145, 12-146 and 12-147, Arizona Revised Statutes, are repealed.
Sec. 8. Section 12-170, Arizona Revised Statutes, is amended to read:
12-170. Decisions; judgment; appeal
A. The tax court, except when it is sitting as a small claims tax court, shall render its decision in writing and, on its own motion or at the request of a party, include a concise statement of the facts found and the conclusions of law reached by the court.
B. In its judgment the court shall grant the relief, invoke the remedies and issue any orders which that are appropriate to its decision.
C. The judgment is final unless within thirty days after the entry of the judgment a notice of appeal is filed with the clerk of the tax court. The appeal shall be heard by a department of division 1 of the court of appeals designated by the chief judge of the division pursuant to section 12‑120.04.
