Fiscal Note
BILL # SB 1046 TITLE: arbitrators; appointment requirements
SPONSOR: Kern STATUS: As Introduced
PREPARED BY: Ryan Fleischman
Description
The bill would require the Superior Courts' list of arbitrators to include any person who is qualified by training,
experience, or credential. The bill further specifies that the court may not require an attorney to serve as an arbitrator.
The Courts' Rules of Civil Procedure effectively limits arbitrators to attorneys at this time.
Estimated Impact
The bill would not have a state fiscal impact.
The Arizona Administrative Office of the Courts (AOC) believes that the bill would reduce the number of eligible
arbitrators and result in higher costs for counties. However, AOC was not able to quantify the impact. We lack sufficient
information to evaluate the Courts' perspective.
Analysis
A.R.S. ยง 12-133 requires arbitration in all civil cases in which the Superior Court finds, or the parties agree, that the
amount in question does not exceed the jurisdictional limit (established by each county, but not to exceed $65,000).
Statute requires the Superior Court in each county to maintain a list of eligible arbitrators to settle disputes under the
jurisdictional limit. Arizona's Rules of Civil Procedure (Rule 73) requires that the list of eligible arbitrators include all
attorneys in the county who have been active members of the State Bar of Arizona for at least 4 years, all other State Bar
members that have agreed to service as arbitrators in that county, and all members of any other federal court or other
state bar who have agreed to serve as arbitrators in that county. The clerk of the court is required to select an arbitrator
from the list at random. Arbitrators are compensated up to $140 per day paid by county General Fund revenues.
2/9/23