Arizona Judicial Council Legislative Update March of 2009

1. Arizona Judicial Council Legislative Update March of 2009 JERRY LANDAU KATY PROCTOR AMY LOVE

2. AJC PROPOSAL UPDATE HB2006: Schools; juvenile probation officers HB 2315:Criminal code sentencing HB 2316:Sentencing; second degree murder HB 2317:Fiduciaries

3. HB2236: COUNT OFFICES; BUSINESS PERIODS (TOBIN) • Requires a county officer to keep county office open 40 hours a week (not necessarily five days) • Does it apply to courts? • Superior Court is a state court • Justice of the Peace is a Title 22, not Title 11 officer

4. HB2628: PARENTS’ RIGHTS; EDUCATION; HEALTH; DISCIPLINE (GOWAN) • Establishes “inalienable rights” of parents and legal guardians regarding a minor child • Rights reserved without obstruction or interference from any governmental entity (including courts) • Rights not limited to bill; list is not exhaustive

5. HB2628: PARENTS’ RIGHTS; EDUCATION; HEALTH; DISCIPLINE (GOWAN) • Parent or legal guardian may request to address any judicial officer in any court proceeding involving the minor child • Parent or legal guardian must give written consent before a video or voice recording of any minor child is made • Schools exempt • Law enforcement exempt

6. HB2628: PARENTS’ RIGHTS; EDUCATION; HEALTH; DISCIPLINE (GOWAN) • Rights include decisions about: • Education • Upbringing • Discipline • Moral/religious training • Health care

7. SB 1332: SUPREME COURT; ATTORNEY (PEARCE) • Requires the Supreme Court to license all practicing attorneys in the state. • Directs the Court to adopt rules regarding the minimum qualifications for: • licensure • testing requirements • background investigations, • guidelines for disciplining or disbarring attorneys

8. SB 1332: SUPREME COURT; ATTORNEY (PEARCE) An attorney cannot be required to be a member of any organization in order to become or remain licensed, i.e. the State Bar.

9. SB1333: ADMINISTRATIVE ORDERS; APPLICABILITY; JUDGES (PEARCE) • Prohibits the court from giving a Superior or Municipal Court Judge an order that limits or restrict the review or issuance of an: • order of protection • injunction against harassment • arrest warrant • search warrant • electronic surveillance order

10. SB1378: JUDICIAL APPOINTMENT COMMISSIONS; ELECTRONIC BROADCAST (C. GRAY) • Requires the Commissions on Appellate Court Appointments and Trial Court Appointments to electronically broadcast public hearings in real time on the Internet • Requires each hearing be entered into an online broadcast archive within 30 days.

11. SB1434: publicity pamphlet; judicial performance; comment (c. gray) • Requires the following to be published publication in the election publicity pamphlet: • Biographical information on each Justice or Judge • Length of time serving • Educational background

12. SB1434: publicity pamphlet; judicial performance; comment (c. gray) • For Superior Court Judges – Criminal • Percentage of cases in which probation was ordered or revoked • Percentage of cases in which the presumptive sentence is aggravated or mitigated

13. SB1434: publicity pamphlet; judicial performance; comment (c. gray) • For all Judges for their most recent term, a listing of cases in which the judge declared a statute unconstitutional, with an explanation • For Appellate Judges, a summary of each decision • For Superior Court Judges, the average time of case disposition

14. SB1434: publicity pamphlet; judicial performance; comment (c. gray) • Permits in the ballot pamphlet • Statements by judge • Affirmative and negative arguments

15. HCR2016: RETIREMENT AGE; JUSTICES AND JUDGES (Driggs) Increases mandatory retirement age for judges from 70-75

16. SCR1007: JUSTICES AND JUDGES; SENATE CONFIRMATION(Pearce) • Senate confirmation of Supreme, Court of Appeals and merit selected Superior Court Judges • Retention • Subject to reconfirmation

17. scr1020: Senate confirmation; justices and judges (Harper) • Eliminates merit commissions • Gubernatorial selection of Justices and Judges • Senate confirmation of Supreme, Court of Appeals and merit selected Superior Court Judges • Retention

18. SCR1040: JUDGES; MERIT SELECTION; POPULATION (C. GRAY) Increases the merit selection population threshold to 750,000

19. HB2061: CORP; CUSTOMARY EMPLOYMENT; PROBATION OFFICERS (KONOPNICKI) • Allows a current member of CORP in a judiciary position to remain eligible if the person works at least 20 hours per week for 20 weeks. • Service purchase adjusted to full-time salary. • Repeals the part-time eligibility option after two years.

20. SB1338: LAW ENFORCEMENT OFFICERS; GOOD CAUSE (PEARCE) • Prohibits the employer of a probation officer from disciplining or discharging the officer without good cause. • Defines good cause. • Good cause is not required if the discharge is: • During an initial probationary period • For administrative purposes (including a RIF).

21. SB1401: JUVENILE ADJUDICATIONS; PROBATION; DISPOSITION (VERSCHOOR) • Juvenile Diversion • Confinement as an option for community-based alternative programs. • Limits how often a juvenile can attend a diversion program.

22. SB1401: JUVENILE ADJUDICATIONS; PROBATION; DISPOSITION (VERSCHOOR) • Juvenile Probation • Revocation from intensive probation for violations/new offense. • Drug testing twice a week for drug/alcohol offenders. • Detention for at least 7 days for a 3rd use violation. • Parental input.

23. Budget: Defensive Driving Shift • The FY 2010 JLBC Baseline Budget contains a recommendation to shift all Defensive Driving program responsibilities to the Motor Vehicle Division. • Background • Enacted in 1989 • Certified instructors: 155 • Certified schools: 23 • Citizens completing defensive driving class: 276,369

24. Budget: Defensive Driving Shift • Business transactions are between courts and schools. • Potential disruption in service for providers and attendees. • Loss of revenue source to operate limited jurisdiction court network and computer program. • Start up cost for MVD to establish new computer program and network to courts.

25. THE END JERRY LANDAU KATY PROCTOR AMY LOVE