HB 2976
justice courts; administration; due process
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- Passed House
- Passed Senate
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- Became Law
Bill overview
This bill aims to protect the administrative authority of elected justices of the peace in Arizona. It establishes due process requirements for state and county entities taking actions that affect a justice of the peace’s duties, ensuring they receive written notice, a hearing, and a clear decision. The bill also clarifies the limits of administrative supervision over justice courts and outlines procedures for reporting administrative orders that could impact county funding.
Key provisions
- Requires state or county entities to provide written notice and a hearing to justices of the peace before taking administrative actions affecting their authority.
- Establishes a ‘due process’ standard for administrative decisions, including the right to representation and evidence.
- Defines ‘materially affects’ as actions altering, suspending, or displacing a justice of the peace’s statutory duties.
- Limits administrative supervision of justice courts to areas like procedural rules and judicial education.
- Requires reporting of administrative orders impacting justice courts to the Senate President and House Speaker.
- States that counties are not required to implement new requirements unless the Supreme Court provides a fiscal impact statement and the legislature appropriates funds.
- Addresses unfunded mandates by requiring legislative appropriation for new county obligations.
- Specifies that this act does not affect the validity of judicial determinations or ongoing disciplinary proceedings.
Who is affected
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