REFERENCE TITLE: superior court commissioner; appointment; qualifications State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1037 Introduced by Senator Kavanagh An Act amending section 12-164, Arizona Revised Statutes; repealing sections 12-211 and 12-212, Arizona Revised Statutes; amending section 12-213, Arizona Revised Statutes; relating to court commissioners. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: superior court commissioner; appointment; qualifications
State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
SB 1037
Introduced by Senator Kavanagh
REFERENCE TITLE: superior court commissioner; appointment; qualifications
State of Arizona
Senate
Fifty-sixth Legislature
First Regular Session
2023
SB 1037
Introduced by
Senator Kavanagh
An Act
amending section 12-164, Arizona Revised Statutes; repealing sections 12-211 and 12-212, Arizona Revised Statutes; amending section 12-213, Arizona Revised Statutes; relating to court commissioners.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 12-164, Arizona Revised Statutes, is amended to read: START_STATUTE12-164. Qualifications and assignment of tax judge; qualifications and appointments of judges pro tempore and commissioners assigned to the tax court A. A judge of the tax court shall be a superior court judge who has been duly selected as provided by law and assigned to the tax court by the presiding judge of the superior court in Maricopa county. B. In addition to the qualifications prescribed by law for a superior court judge, a judge of the tax court shall demonstrate a willingness to specialize in tax cases and a willingness to serve as a tax judge for at least two years or the remainder of his current term of office, whichever is less. C. In addition to the qualifications set forth in section 12-142, a judge pro tempore who is appointed to serve in the tax court by the chief justice of the supreme court pursuant to section 12-141 shall qualify under minimum standards of experience and education in tax law established by the supreme court. D. In addition to the qualifications set forth in section 12-211, A court commissioner who is appointed to serve in the tax court by the presiding judge of the superior court in Maricopa county pursuant to section 12-213 shall qualify under minimum standards of experience and education in tax law established by the supreme court. END_STATUTE Sec. 2. Repeal Sections 12-211 and 12-212, Arizona Revised Statutes, are repealed. Sec. 3. Section 12-213, Arizona Revised Statutes, is amended to read: START_STATUTE12-213. Commissioners; appointment; powers and duties; salary A. In counties having three or more superior court judges, The presiding judge may appoint court commissioners to serve at his the presiding judge's pleasure. who Appointed court commissioners shall have such powers and duties as shall be provided by statute or by rule of the supreme court, save and except such that commissioners are expressly prohibited, except in default hearings, from making any ex parte orders which that would: 1. Deprive any person or persons from custody of their child or children. , or 2. Result in a change of counsel of attorneys. , or 3. Deprive any person of the person's liberty. , or 4. Deprive any person or entity from the person's or entity's property or the use thereof. , or 5. Grant any injunctive relief. B. Commissioners appointed under subsection A shall receive an annual salary set by the presiding judge. which The commissioner's salary may not exceed ninety per cent percent of the salary of a judge of the superior court. The commissioner's salary shall be a county charge, except that in counties with fewer than three superior court judges and if sufficient state monies are appropriated, the state and county shall each pay one-half of the commissioner's salary. An appointed commissioner shall be a United States citizen and admitted to the practice of law in and a resident of this state for five years next immediately preceding taking office. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-164, Arizona Revised Statutes, is amended to read:
START_STATUTE12-164. Qualifications and assignment of tax judge; qualifications and appointments of judges pro tempore and commissioners assigned to the tax court
A. A judge of the tax court shall be a superior court judge who has been duly selected as provided by law and assigned to the tax court by the presiding judge of the superior court in Maricopa county.
B. In addition to the qualifications prescribed by law for a superior court judge, a judge of the tax court shall demonstrate a willingness to specialize in tax cases and a willingness to serve as a tax judge for at least two years or the remainder of his current term of office, whichever is less.
C. In addition to the qualifications set forth in section 12-142, a judge pro tempore who is appointed to serve in the tax court by the chief justice of the supreme court pursuant to section 12-141 shall qualify under minimum standards of experience and education in tax law established by the supreme court.
D. In addition to the qualifications set forth in section 12-211, A court commissioner who is appointed to serve in the tax court by the presiding judge of the superior court in Maricopa county pursuant to section 12-213 shall qualify under minimum standards of experience and education in tax law established by the supreme court. END_STATUTE
Sec. 2. Repeal
Sections 12-211 and 12-212, Arizona Revised Statutes, are repealed.
Sec. 3. Section 12-213, Arizona Revised Statutes, is amended to read:
START_STATUTE12-213. Commissioners; appointment; powers and duties; salary
A. In counties having three or more superior court judges, The presiding judge may appoint court commissioners to serve at his the presiding judge's pleasure. who Appointed court commissioners shall have such powers and duties as shall be provided by statute or by rule of the supreme court, save and except such that commissioners are expressly prohibited, except in default hearings, from making any ex parte orders which that would:
1. Deprive any person or persons from custody of their child or children. , or
2. Result in a change of counsel of attorneys. , or
3. Deprive any person of the person's liberty. , or
4. Deprive any person or entity from the person's or entity's property or the use thereof. , or
5. Grant any injunctive relief.
B. Commissioners appointed under subsection A shall receive an annual salary set by the presiding judge. which The commissioner's salary may not exceed ninety per cent percent of the salary of a judge of the superior court. The commissioner's salary shall be a county charge, except that in counties with fewer than three superior court judges and if sufficient state monies are appropriated, the state and county shall each pay one-half of the commissioner's salary. An appointed commissioner shall be a United States citizen and admitted to the practice of law in and a resident of this state for five years next immediately preceding taking office. END_STATUTE