Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
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Fines and Fees
| State | Statute | Description/Statute Name | Statutory language | Amount | Level of offense | Mandatory | Imposed by | Delegation of authority | |
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Arizona | Ariz. Rev. Stat. Ann. § 13-801(A) | Fines for Felonies | A sentence to pay a fine for a felony shall be a sentence to pay an amount fixed by the court not more than one hundred fifty thousand dollars. | $0.00 - $150000.00 | Felony | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-802(A) | Fines for Misdemeanors - Class 1 |
A sentence to pay a fine for a class 1 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than two thousand five hundred + See moredollars.
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$0.00 - $2500.00 | Misdemeanor | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-802(B) | Fines for Misdemeanors - Class 2 | A sentence to pay a fine for a class 2 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than seven hundred fifty dollars. | $0.00 - $750.00 | Misdemeanor | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-802(C) | Fines for Misdemeanors - Class 3 | A sentence to pay a fine for a class 3 misdemeanor shall be a sentence to pay an amount, fixed by the court, not more than five hundred dollars. | $0.00 - $500.00 | Misdemeanor | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-802(D) | Fines for Misdemeanors - Petty | A sentence to pay a fine for a petty offense shall be a sentence to pay an amount, fixed by the court, of not more than three hundred dollars. | $0.00 - $300.00 | Misdemeanor | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-803(A)(1) | Fines Against Enterprises - Felony |
A. Except as provided in §§ 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for + See morean offense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:1. For a felony, one million dollars.
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$0.00 - $1000000.00 | Felony | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-803(A)(2) | Fines Against Enterprises - Class 1 Misdemeanor |
A. Except as provided in §§ 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for + See morean offense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:2. For a class 1 misdemeanor, twenty thousand dollars.
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$0.00 - $20000.00 | Misdemeanor | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-803(A)(3) | Fines Against Enterprises - Class 2 Misdemeanor |
A. Except as provided in §§ 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for + See morean offense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:3. For a class 2 misdemeanor, ten thousand dollars.
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$0.00 - $10000.00 | Misdemeanor | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-803(A)(4) | Fines Against Enterprises - Class 3 Misdemeanor |
Except as provided in §§ 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for an + See moreoffense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:4. For a class 3 misdemeanor, two thousand dollars.
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$0.00 - $2000.00 | Misdemeanor | No | Court | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-803(A)(5) | Fines Against Enterprises - Petty Misdemeanor |
Except as provided in §§ 13-822 and 13-823, a sentence to pay a fine that is imposed on an enterprise for an offense defined in this title or for an + See moreoffense defined outside this title for which no special enterprise fine is specified shall be a sentence to pay an amount, fixed by the court, of not more than:5. For a petty offense, one thousand dollars.
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$0.00 - $1000.00 | Misdemeanor | No | Court | No |
Poverty Penalties and Poverty Traps
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Arizona | Ariz. Rev. Stat. Ann. § 13-802(E) | Fines for misdemeanors |
A judgment that the defendant shall pay a fine, with or without the alternative of imprisonment, shall constitute a lien in like manner as a judgment for money rendered in a civil action.
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Property liens | Misdemeanor | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-804(L) | Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing |
Notwithstanding any other law, a restitution lien is created in favor of a victim of the defendant ordered to make restitution. Monies received monthly from the defendant shall be applied first to satisfy the restitution order entered by the court and the payment of any restitution in arrears. Any monies that are owed by this state to a person who is under a restitution order shall be assigned first to discharge the restitution order, including any tax refund that is owed to the defendant.
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Property liens | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-804(M) | Restitution for offense causing economic loss; fine for reimbursement of public monies; notification of arrearage; review hearing |
If the defendant, the state or persons entitled to restitution pursuant to a court order disagree with the manner of payment established in subsection E of this section, the defendant, court or person entitled to restitution may petition the court at any time to change the manner in which the restitution is paid. Before modifying the order pertaining to the manner in which the restitution is paid, the court shall give notice and an opportunity to be heard to the defendant, the state and, on request, persons entitled to restitution pursuant to a court order.
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Payment plan/installment plan | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-805(E) | Restitution and Fines: Jurisdiction |
A criminal restitution order may be recorded and is enforceable as any civil judgment, except that a criminal restitution order does not require renewal pursuant to section 12-1611 or 12-1612. Enforcement of a criminal restitution order by any person or by the state on behalf of any person who is entitled to restitution includes the collection of interest that accrues at a rate of ten percent a year. Enforcement of a criminal restituion order by the state includes the collection of interest that accrues at a rate of four percent a year. A criminal restitution order does not expire until paid in full. A filing fee, A recording fee or any other charge is not required for recording a criminal restitution order.
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Collection fee/interest | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-808(A) | Time and method of payment of fine; conditions of probation; no limitation on restitution and other assessments |
If a defendant is sentenced to pay a fine alone or in addition to any other sentence, the court or a probation officer or a staff member designated by the court may grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence the fine shall be payable immediately.
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Payment plan/installment plan | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-808(B) | Time and method of payment of fines; conditions of probation; no limitation on restitution and other assessments |
If a defendant sentenced to pay a fine, restitution, penalty, assessment, incarceration cost or surcharge is also sentenced to probation, the court shall make payment of the fine, restitution, penalty, assessment, incarceration cost or surcharge a condition of probation.
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Condition or extension of supervision | All | Yes |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(1) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid.
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Incarceration | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(2) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
D. If the court finds that the defendant has willfully failed to pay fine, a surcharge, fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following: 2. Refer the defendant for revocation of probation, parole or community supervision and as authorized by law.
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Condition or extension of supervision | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(3) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected.
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Property liens | All | No |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(D)(4) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
If the court finds that the defendant has wilfully failed to pay a fine, a fee, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do one of the following:4. Order the defendant to perform community restitution
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Community service | All | No |
Ability to Pay
| State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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Arizona | Ariz. Rev. Stat. Ann. § 13-804.01(B)(2) | Reimbursement of Incarceration Costs; Misdemeanors | B. The court may determine the amount of incarceration costs to be paid based on the following factors:2. The person's ability to pay part or all of the incarceration costs. | Misdemeanor | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
A lower cost based upon the defendant's ability to pay. |
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Arizona | Ariz. Rev. Stat. Ann. § 13-914(E)(2) | Intensive probation; evaluation; sentence; criteria; limit; conditions |
Paying restitution and probation fees of not less than seventy-five dollars unless, after determining the inability of the offender to pay the fee, the court assesses a lesser fee. Probation + See morefees shall be deposited in the adult probation services fund established by § 12-267. Any amount assessed pursuant to this paragraph shall be used to supplement monies used for the salaries of adult probation and surveillance officers and for support of programs and services of the superior court adult probation departments.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
Lower restitution or fee based upon the defendant's ability to pay. |
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Arizona | Ariz. Rev. Stat. Ann. § 13-810(E) | Consequences of nonpayment of fines, surcharges, fees, assessments, restitution or incarceration costs |
(E)If the court finds that the defendant has wilfully failed to pay a fine, a surcharge, a fee, an assessment, restitution or incarceration costs or finds that the defendant has intentionally refused to make a good faith effort to obtain the monies required for the payment, the court shall find that the default constitutes contempt and may do any of the following:
1. Order the defendant incarcerated in the county jail until the fine, surcharge, fee, assessment, restitution or incarceration costs, or a specified part of the fine, surcharge, fee, assessment, restitution or incarceration costs, is paid. 2. Refer the defendant for revocation of probation, parole or community supervision as authorized by law. 3. Enter an order pursuant to section 13-812. The levy or execution for the collection of a fine, a surcharge, a fee, an assessment, restitution or incarceration costs does not discharge a defendant who is incarcerated for nonpayment of the fine, surcharge, fee, assessment, restitution or incarceration costs until the amount of the fine, surcharge, fee, assessment, restitution or incarceration costs is collected. 4. Order the defendant to perform community restitution. |
All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Modified payment arrangements |
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Arizona | Ariz. Rev. Stat. Ann. § 13-824(A) | Community restitution in lieu off monetary obligation |
A. Notwithstanding any other law, if a monetary obligation is imposed on a defendant at sentencing and the court finds the defendant is unable to pay all or part of the monetary obligation, the court may order the defendant to perform community restitution in lieu of the payment for all or part of the monetary obligation. The amount of community restitution shall be equivalent to the amount of the monetary obligation by crediting any service performed at a rate of ten dollars per hour.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Not provided for | No |
Community Restitution |
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Arizona | Ariz. Rev. Stat. Ann. § 12-116.01(F) | Surcharges; remittance reports; fund deposits |
The judge may waive all or part of the civil penalty, fine, forfeiture and surcharge, except for mandatory civil penalties and fines, the payment of which would work a hardship on the persons convicted or adjudicated or on their immediate families. If a fine or civil penalty is mandatory, the judge may waive only all or part of the surcharges prescribed by subsections A, B and C of this section and § 12-116.02. If a fine or civil penalty is not mandatory and if a portion of the civil penalty, fine, forfeiture and surcharge is waived or suspended, the amount assessed must be divided according to the proportion that the civil penalty, fine, bail or bond and the surcharge represent of the total amount due.
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
A lower cost fine or fee based upon the defendant's ability to pay. |
Transparency
| State | Statute | Description/Statute Name | Statutory language | Type of obligation | Actor | |
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Arizona | Ariz. Rev. Stat. Ann. § 12-116.01(H) | Surcharges; remittance reports; fund deposits |
G. After a determination by the court of the amount due, the court shall transmit, on the last day of each month, the surcharges collected pursuant to subsections A, B, C and D of this section and a remittance report of the fines, civil penalties, assessments and surcharges collected pursuant to subsections A, B, C and D of this section to the county treasurer, except that municipal courts shall transmit the surcharges and the remittance report of the fines, civil penalties, assessments and surcharges to the city treasurer.
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Obligation to report/conduct analysis | All courts |
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Arizona | Ariz. Rev. Stat. Ann. § 39-121 | Inspection of public records |
Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours. |
Obligation to respond to public records requests | All |
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Arizona | Ariz. Rev. Stat. Ann. § 39-101(A)-(B) | Public Records Collection quality; storage; violation; classification |
A. Permanent public records of the state, a county, city or town, or other political subdivision of the state, shall be transcribed or kept on paper or other material which is of durable or permanent quality and which conforms to standards established by the director of the Arizona state library, archives and public records.
B. Permanent public records transcribed or kept as provided in subsection A shall be stored and maintained according to standards for the storage of permanent public records established by the director of the Arizona state library, archives and public records. |
Obligation to collect or record | All courts |
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Arizona | Ariz. Rev. Stat. Ann. § 28-1559(A) | Traffic case records; abstract of record; reports |
Each magistrate, judge or hearing officer of a court shall: 1. Keep or cause to be kept a record of each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau.
2. Keep a record of each official action by the court or its traffic violations bureau in reference to each traffic complaint or other legal form of traffic charge deposited with or presented to the court or its traffic violations bureau, including but not limited to a record of: (a) Each conviction, forfeiture of bail or deposit, judgment of acquittal or civil adjudication. (b) The amount of the civil penalty, fine or forfeiture resulting from each traffic complaint deposited with or presented to the court or traffic violations bureau. |
Obligation to collect or record | Traffic court |
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Arizona | Ariz. Rev. Stat. Ann. § 28-1559(B) | Traffic case records; abstract of record; reports |
Within ten days after the conviction, judgment or forfeiture of bail or deposit of a person on a charge of violating chapter 3 or 4 of this title or this chapter or any other law regulating the operation of vehicles on highways, each magistrate of the court or clerk of the court of record in which the conviction or judgment was had or bail or deposit was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person either:
1. Was convicted. 2. Was adjudicated to have committed a civil traffic violation. 3. Forfeited bail or deposit. |
Obligation to report/conduct analysis | Traffic court |
Collections Infrastructure
| State | Statute | Description/Statute Name | Statutory language | Who may collect | |
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Arizona | Ariz. Rev. Stat. Ann. § 22-405 | Collection of Fines |
A. A municipal court may enforce the collection of monies owed to the municipal court for delinquent fines, fees, sanctions, penalties and restitution through execution or another appropriate process. The action shall be filed in the municipal court and shall be conducted in the same manner as civil actions in justice courts.
B. A peace officer may serve writs or other process that are issued pursuant to this section. The peace officer shall abide by the procedure for service of process that is established by court rule. |
Municipal court |
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Arizona | Ariz. Rev. Stat. Ann. § 12-255 | Private enterprise probation services |
Nothing in this article prevents a presiding judge of the superior court in a county from entering into agreements with private enterprises to provide supervision and counseling services for persons placed on probation in the county.
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Private actors |
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Arizona | Ariz. Rev. Stat. Ann. §12-116.03 | Collection agencies |
A court may contract with public agencies or private entities to assist in collecting fines, fees, penalties, costs, surcharges, restitution and assessments that remain unpaid. The court may add to any underlying amount owed reasonable costs charged by the contracting agency or entity.
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Private actors |
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Arizona | Ariz. Rev. Stat. Ann. § 28-1631 | Traffic ticket enforcement assistance program; establishment |
A. The department shall establish procedures to:1. Assist the courts and political subdivisions of this state to collect delinquent monetary obligations imposed for violations of title 5, chapter 31 and for civil and criminal traffic violations. 2. Assist in the enforcement of criminal traffic failure to appear offenses. B. The program established by this article shall not include collection of delinquent parking tickets.
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Arizona | Ariz. Code of Jud. Admin. Part 5, Ch. 2, § 5-205(D)-(G) | Collections |
D. Administration. The AOC shall oversee the FARE program including: 1. Provision of local collection services to include: reminder notices, web and telephone based credit and debit card payment options, delinquency notices, installment payment plan services, referral to the DSO/TIP program, referral to the TTEAP program, electronic skip tracing, case record data enhancement, and advanced collection services including credit bureau reporting, skip tracing, outbound calling, and wage garnishment when authorized by the court. 2. Processing of existing delinquent court cases. 3. Provision of staff support for the FARE Advisory Committee established by Administrative Order No. 2007-39. 4. Managing and directing of the FARE vendor in the provision of contracted services including all current and future program maintenance and enhancement. 5. Administering the DSO/TIP program. 6. Preparing fiscal projections and creating a budget based on those projections to fund the FARE and DSO/TIP programs. 7. Establishing a FARE fee schedule to provide for the services of the FARE and DSO/TIP programs. 8. Administering the FARE fund and expending revenues in the fund to pay the operational expenses incurred in the FARE and DSO/TIP programs. 9. Recommending allocation of excess FARE revenues in the FARE fund to the Arizona Judicial Council (AJC). 10. Maintaining operational oversight over all FARE and DSO/TIP software. 11. Maintaining oversight of data interface with the FARE vendor, the Motor Vehicle Division (MVD) the Department of Revenue (DOR) and the Arizona Lottery (AZL). 12. Overseeing the receipt of moneys from the DOR and AZL in response to finalized court claims and shall distribute those monies to the courts proportionately to the court claims processed. 13. Providing user training for the FARE and DSO/TIP programs to the courts. 14. Assisting the courts in resolving identity and data related discrepancies between the courts, the FARE vendor, MVD, DOR and AZL. 15. Ensuring connectivity between the FARE vendor, the administrative office, MVD and the local courts. The AOC shall also ensure connectivity between the administrative office and DOR.
E. General Provisions for FARE Participants. FARE participants shall: 1. Comply with the business and technical specifications established by the FARE court pioneers, available on the FARE web site. 2. Submit a court participation information form to the AOC on forms provided by the AOC when preparing to join the FARE program. 3. Be responsible for entering all applicable data into the case management system. 4. Be responsible for receipting all payments into the case management system. 5. Establish an account with a financial institution for the acceptance of funds received from Internet and telephone payments. 6. Refer all delinquent cases to the FARE vendor for special collection services, unless the court has an approved local collection plan and these cases are assigned to a vendor pursuant to the plan. The AOC shall determine which delinquent debt qualifies for special collection services according to criteria established by the AOC. 7. Transmit all FARE fees through the city or county treasurer, as appropriate, to the state treasurer. All fees collected/accumulated during the previous month shall be transmitted to the state treasurer by the fifteenth of the succeeding month. F. General Provisions for DSO/TIP Participants. DSO/TIP participants shall: 1. Submit a DSO/TIP participant’s agreement in the form provided by the AOC. 2. Ensure that all social security number, case, person, and balance information submitted to the DSO/TIP program has been reviewed for accuracy and shall make all necessary corrections to ensure accurate and complete data is submitted timely. 3. Review interceptions by the DOR for validity within ten days of receipt. Erroneous interceptions shall be released immediately. DSO/TIP participants are responsible for all applicable DOR fees, penalties and interest per A.R.S. § 42-1122(O). 4. Finalize all interceptions within 30 days of receipt from DOR. DSO/TIP participants that do not comply with the 30-day finalization limit shall refund to the debtor any applicable DOR fees, penalties and interest incurred. 5. Receipt all valid interceptions into the case management system. 6. Remit to the AOC the DOR intercept fees upon receipt of the fee invoice. G. Local Collection Services. 1. Courts planning expansion of existing collection services, independent of or separate from the FARE program, shall submit such plan to the AJC for approval prior to proceeding with development and implementation. 2. Courts that did not have collection services prior to August 12, 2003, shall not develop a program or contract with a private vendor for collection services without approval of the plan by the AJC. 3. Courts planning development or expansion of a collection program shall provide the AJC a report that describes the following information, at a minimum: a. A comparison of the court’s existing collection program (if any) versus expansion. b. Consistency of the local court plan with the goals of FARE. c. Replication of the current services offered by FARE. d. Replication of future services planned for FARE. 5 e. Ability of FARE to timely provide the needed services. f. Time line for implementation of the local court plan. g. Impact of subsequent transition of the court to FARE. h. Resource investment (personnel and financial) to implement the local court program. i. Efficiency of resources of local court plan. j. Opportunity for the FARE vendor to compete with other vendors for the court’s collection services needs. k. Compare the local court plan cost of collection with FARE. 4. Approval of court development or expansion plans is delegated to the administrative director in periods between AJC meetings |
State/statewide agency |
Revenue Flow
| State | Statute | Description/Statute Name | Statutory language | Who receives the funding | Other beneficiaries | Level of offense | |
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Arizona | Ariz. Rev. Stat. Ann. § 13-811(A) | Disposition of Fines |
Except as provided in subsections B and C of this section, all fines collected in any court, except municipal courts, shall be paid to the county treasurer of the county + See morein which the court is held. All fines collected in the superior court for violation of a city or town ordinance shall be paid to the county treasurer.
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County | N/A | All |
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Arizona | Ariz. Rev. Stat. Ann. § 13-811(B) | Disposition of Fines - Grand Jury Crimes |
Except as provided in subsection C of this section, all fines or costs collected in any court for offenses indicted by a state grand jury or for other offenses prosecuted + See moreby the attorney general shall be paid to the anti-racketeering revolving fund established by § 13-2314.01.
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State/statewide agency | N/A | All |
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Arizona | Ariz. Rev. Stat. Ann. § 13-811(C) | Disposition of Fines - Drug and Gang Enforcement |
Except as provided in § 13-821, all fines collected in any court for offenses included in chapter 34 of this title and prosecuted by a city prosecutor, a county attorney + See moreor the attorney general shall be paid to the drug and gang enforcement fund established by § 41-2402.
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State/statewide agency | N/A | All |
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Arizona | Ariz. Rev. Stat. Ann. §28-1554(A) | Disposition of fees, fines, forfeitures, and civil penalties |
All fees, fines, forfeitures and civil penalties imposed and collected by the municipal courts in the exercise of their concurrent jurisdiction shall be retained by and inure to the benefit + See moreof the city or town in which the municipal court is located.
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Municipality/municipal agency | N/A | All |
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Arizona | Ariz. Rev. Stat. Ann. §28-1554(B) | Disposition of fees, fines, forfeitures, and civil penalties |
All fees, fines, forfeitures and civil penalties imposed and collected by the justice court shall be retained by and inure to the benefit of the county in which the court + See moreis located.
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County | N/A | All |
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Arizona | Ariz. Rev. Stat. Ann. § 13-804.01(A) | Reimbursement of Incarceration Costs; Misdemeanors |
The court shall order a person who is convicted of a misdemeanor offense and who is sentenced to a term of incarceration to reimburse the political subdivision that is responsible + See morefor the costs of the person's incarceration for the incarceration costs.
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State/statewide agency | N/A | Misdemeanor |
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Arizona | Ariz. Rev. Stat. Ann. § 13-821(C) | Fines for Drug Offenses |
The court shall transmit the monies collected pursuant to this section to the supreme court for the purpose of providing drug treatment services to adult probationers through the community punishment + See moreprogram established in title 12, chapter 2, article 11
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State/statewide agency | Drug treatment faciliaties | All |
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Arizona | Ariz. Rev. Stat. Ann. § 28-1382(D)(3) | Driving or actual physical control while under the extreme influence of intoxicating liquor - Additional Assessment |
Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant + See moreto this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by § 28-1304.
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State/statewide agency | Influence Abatement Fund | All |
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Arizona | Ariz. Rev. Stat. Ann. § 28-1382(E)(3) | Driving or actual physical control while under the extreme influence of intoxicating liquor - Additional Assessment |
Shall pay an additional assessment of two hundred fifty dollars. If the conviction occurred in the superior court or a justice court, the court shall transmit the monies received pursuant + See moreto this paragraph to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the monies received pursuant to this paragraph to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer. The state treasurer shall deposit the monies received in the driving under the influence abatement fund established by § 28-1304.
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State/statewide agency | Influence Abatement Fund | All |
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Arizona | Ariz. Rev. Stat. Ann. § 28-1382(E)(6) | Driving or actual physical control while under the extreme influence of intoxicating liquor - Additional Assessment |
Shall pay an additional assessment of one thousand two hundred fifty dollars to be deposited by the state treasurer in the prison construction and operations fund established by § 41-1651. + See moreThis assessment is not subject to any surcharge. If the conviction occurred in the superior court or a justice court, the court shall transmit the assessed monies to the county treasurer. If the conviction occurred in a municipal court, the court shall transmit the assessed monies to the city treasurer. The city or county treasurer shall transmit the monies received to the state treasurer.
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State/statewide agency | Prison Construction and Operations Fund | All |
Court Rules
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Arizona | Ariz. R. Crim. P. 26.12(c) | Compliance with Sentence |
Action upon Failure to Pay a Fine, Restitution, Other Monetary Obligation, or to Comply with Court Orders.(1) For Defendants Not on Supervised Probation. If a defendant fails to pay a + See morefine, restitution, or other monetary obligation, or is known by the court to have failed to comply with a term or condition of sentence within the prescribed time, the court shall, within 5 days, notify the prosecutor.
(2) For Defendants on Supervised Probation. If a defendant on supervised probation fails to pay a fine, restitution, or other monetary obligation, or is known by the court to have failed to comply with any other term or condition of probation within the prescribed time, the court shall give notice of such failure to the defendant's probation officer within the time limits set under sections (c)(1) and (3).
(3) Time limits--Restitution and Non-Monetary Obligations. If the payment or performance of an obligation does not involve the court, delinquency times shall run from the date on which the court or the probation officer becomes aware of failure to pay or comply.
(4) Court Action upon Failure of Defendant to Pay Fine, Restitution, or Other Monetary Obligation or to Comply with Court Orders. Upon the defendant's failure to pay a fine, restitution, or other monetary obligation, or failure to comply with court orders, the court may require the defendant to show cause why said defendant should not be held in contempt of court and may issue a summons or warrant for the defendant's arrest.
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Fines and fees |
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Arizona | Ariz. R. Crim. P. 6.7(d) | Compensation of appointed counsel |
If in determining that a person is indigent under Rule 6.4(a), the court finds that such person has financial resources which enable him or her to offset in part the + See morecosts of the legal services to be provided, the court shall order him or her to pay to the appointed attorney or the county, through the clerk of the court, such amount as it finds he or she is able to pay without incurring substantial hardship to himself or herself or to his or her family. Failure to obey an order under this section shall not be grounds for contempt or grounds for withdrawal by the appointed attorney, but an order under this section may be enforced by the payee in the manner of a civil judgment. Except as authorized herein, no person, organization or governmental agency may request or accept any payment or promise of payment for assisting in the representation of a defendant by court appointment.
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Ability to pay |
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Arizona | Ariz. R. Crim. P. 33.3 | Disposition of other contempts; notice and hearing |
Except as provided by law or by Rule 33.2, a person shall not be found in criminal contempt without a hearing held after notice of the charge. The hearing shall + See morebe set so as to allow a reasonable time for the preparation of the defense; the notice shall state the time and place of the hearing, and the essential facts constituting the contempt charged, the notice may be given orally by the judge in open court in the presence of the person charged, or by an order to show cause. The defendant is entitled to subpoena witnesses on his or her behalf and to release under Rule 7
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Arizona | Arizona Rule 22 | Default by Defendant at Hearing |
(a) Except where Rule 21 is applicable, if the defendant fails to appear as required, theallegations of the complaint shall be deemed admitted, and the court shall enter a judgment + See morefor
the State, impose a civil sanction, and report such judgment to the Department of
Transportation, except that civil boating violation judgments shall not be reported to the
Department of Transportation.
(b) If it appears that the defendant is in active military service, no default judgment may be
entered.
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Structure of Courts
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Arizona | Ariz. Const. art. VI, § 5 | Supreme court; jurisdiction; writs; rules; habeas corpus |
The supreme court shall have:1. Original jurisdiction of habeas corpus, and quo warranto, mandamus, injunction and other extraordinary writs to state officers.
2. Original and exclusive jurisdiction to hear and determine + See morecauses between counties concerning disputed boundaries and surveys thereof or concerning claims of one county against another.
3. Appellate jurisdiction in all actions and proceedings except civil and criminal actions originating in courts not of record, unless the action involves the validity of a tax, impost, assessment, toll, statute or municipal ordinance.
4. Power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.
5. Power to make rules relative to all procedural matters in any court.
6. Such other jurisdiction as may be provided by law.
Each justice of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of a person held in actual custody, and may make such writs returnable before himself, the supreme court, appellate court or superior court, or judge thereof.
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Supreme Court | Jurisdiction of the courts |
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Arizona | Ariz. Rev. Stat. Ann. §12-120.21 | Jurisdiction and venue |
A. The court of appeals shall have:1. Appellate jurisdiction in all actions and proceedings originating in or permitted by law to be appealed from the superior court, except criminal actions + See moreinvolving crimes for which a sentence of death has actually been imposed.
2. Jurisdiction to issue writs of certiorari to review the lawfulness of awards of the industrial commission and to enter judgment affirming or setting aside the awards.
3. Jurisdiction to issue injunctions and other writs and orders necessary and proper to the complete exercise of its appellate jurisdiction.
4. Jurisdiction to hear and determine petitions for special actions brought pursuant to the rules of procedure for special actions, without regard to its appellate jurisdiction.
B. A case or appeal of which the court of appeals has jurisdiction in an action or proceeding originating in or permitted by law to be appealed from the superior court in a county shall be brought or filed in the division which contains that county. An application for a writ of certiorari to review the lawfulness of an award of the industrial commission shall be brought in division 1.
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Court of Appeals | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 14 | Superior court; original jurisdiction |
The superior court shall have original jurisdiction of:1. Cases and proceedings in which exclusive jurisdiction is not vested by law in another court.
2. Cases of equity and at law which + See moreinvolve the title to or possession of real property, or the legality of any tax, impost, assessment, toll or municipal ordinance.
3. Other cases in which the demand or value of property in controversy amounts to one thousand dollars or more, exclusive of interest and costs.
4. Criminal cases amounting to felony, and cases of misdemeanor not otherwise provided for by law.
5. Actions of forcible entry and detainer.
6. Proceedings in insolvency.
7. Actions to prevent or abate nuisance.
8. Matters of probate.
9. Divorce and for annulment of marriage.
10. Naturalization and the issuance of papers therefor.
11. Special cases and proceedings not otherwise provided for, and such other jurisdiction as may be provided by law.
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Superior Court | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 15 | Jurisdiction and authority in juvenile proceedings |
The jurisdiction and authority of the courts of this state in all proceedings and matters affecting juveniles shall be as provided by the legislature or the people by initiative or + See morereferendum.
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Superior Court | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 16 | Superior court; appellate jurisdiction | The superior court shall have appellate jurisdiction in cases arising in justice and other courts inferior to the superior court as may be provided by law. | Superior Court | Jurisdiction of the courts |
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Arizona | Ariz. Rev. Stat. Ann. § 22-201 | Jurisdiction of civil actions |
A. Justices of the peace have jurisdiction only as affirmatively conferred on them by law.B. Justices of the peace have exclusive original jurisdiction of all civil actions when the amount + See moreinvolved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less.
C. Justices of the peace have jurisdiction concurrent with the superior court in cases of forcible entry and detainer when the amount involved, exclusive of interest, costs and awarded attorney fees when authorized by law, is ten thousand dollars or less.
D. Justices of the peace have jurisdiction to try the right to possession of real property when title or ownership is not a subject of inquiry in the action. If in any such action the title or ownership of real property becomes an issue, the justice shall so certify in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court.
E. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear the following actions that occur in the respective precinct in which the justice of the peace is elected:
1. Civil actions pursuant to subsections B and C of this section.
2. Small claims pursuant to chapter 5 of this title.1
3. Civil traffic offenses unless a civil traffic offense is filed in a municipal court by a municipal officer or agent or by an officer employed by a law enforcement agency under contract to that municipality to provide law enforcement services.
4. Special detainers and forcible detainers pursuant to title 33, chapters 11 and 192 and forcible detainers pursuant to title 33, chapter 33 if the amount of rent requested is ten thousand dollars or less.
F. In actions between landlord and tenant for possession of leased premises, the title to the property leased shall not be raised nor made an issue.
G. If in any action before a justice of the peace a party files a verified pleading that states as a counterclaim a claim in which the amount involved, exclusive of interest and costs, is more than ten thousand dollars, the justice of the peace shall certify this in the court record, at once stop further proceedings in the action and forward all papers, together with a certified copy of the court record in the action, to the superior court, where the action shall be docketed and determined as though originally brought in the superior court. The party shall pay to the clerk of the superior court the same fees required to be paid by a defendant, and no other party in the action before the justice of the peace shall be required to pay any sum. If the party is finally adjudged to be entitled to recover on the counterclaim, exclusive of interest and costs, ten thousand dollars or less, the superior court may deny costs to the party and, in addition, may impose costs, including reasonable attorney fees, on the party. The superior court shall have original jurisdiction of the action, but at any time in furtherance of convenience or to avoid prejudice, or if it appears that the amount involved in the counterclaim, exclusive of interest and costs, is ten thousand dollars or less, it may remand the action, or any claim or counterclaim of which the justice court has jurisdiction, to the justice court and may order costs.
H. The justice of the peace may require arbitration or other dispute resolution methods that are approved by the supreme court in all civil actions except eviction actions.
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Justice Courts | Jurisdiction of the courts |
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Arizona | Ariz. Rev. Stat. Ann. § 22-301 | Jurisdiction of criminal actions |
A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts: 1. Misdemeanors and criminal offenses punishable by a fine not exceeding two thousand five + See morehundred dollars, or imprisonment in the county jail for not to exceed six months, or by both a fine and imprisonment. Any penalty or other added assessments levied shall not be considered as part of the fine for purposes of determining jurisdiction. The amount of restitution, time payment fees or incarceration costs shall not be considered as part of the fine for purposes of determining jurisdiction. 2. Felonies, but only for the purpose of commencing action and conducting proceedings through preliminary examinations and holding the defendant to answer to the superior court or to discharge the defendant if it appears that there is not probable cause to believe the defendant is guilty of an offense.
B. In a county with a population of more than two million persons, the justice of the peace of each justice precinct shall have original jurisdiction to hear misdemeanor offenses as set forth in subsection A, paragraph 1 of this section that occur within the respective precinct in which the justice of the peace is elected unless either of the following applies:
1. The offense is filed by a municipal officer or agent in a municipal court.
2. The offense is consolidated with a felony offense in the complaint, information or indictment.
C. For the purposes of subsection A or B of this section, an offense is committed within the precinct of a justice court if conduct constituting any element of the offense or a result of such conduct occurs either:
1. Within the precinct.
2. Within a county park that includes a body of water located in two counties if one county has a population of more than three million persons and one county has a population of more than two hundred thousand persons but less than three hundred thousand persons and the precinct includes some part of the county park.
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Justice Courts | Jurisdiction of the courts |
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Arizona | Ariz. Const. art. VI, § 1 | Judicial power; courts |
The judicial power shall be vested in an integrated judicial department consisting of a supreme court, such intermediate appellate courts as may be provided by law, a superior court, such + See morecourts inferior to the superior court as may be provided by law, and justice courts.
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All Courts | Creation of the courts |
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Arizona | Ariz. Rev. Stat. Ann. §12-120 | Creation of court of appeals; court of record; composition; sessions |
A. There is created a court of appeals which shall constitute a single court and such court shall be a court of record.B. The court of appeals shall be divided + See moreinto two divisions which shall be designated as division 1 and division 2. Division 1 shall have sixteen 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 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.
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Court of Appeals | Creation of the courts |
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Arizona | Ariz. Rev. Stat. Ann. § 22-402 | Establishment and jurisdiction |
A. In each city or town incorporated under the general laws of this state, there shall be a municipal court. |
Municipal Courts | Creation of the courts |
Case Law
| State | Citation | Question | Brief Answer | Language from the opinion | When does the case apply? | |
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Arizona |
State v. Lopez, 175 Ariz. 79, 81, 853 P.2d 1126, 1128 (Ct. App. 1993); State v. Far W. Water & Sewer Inc., 224 Ariz. 173, 201, 228 P.3d 909, 937 + See more(Ct. App. 2010), as amended (May 4, 2010); Ariz. R. Crim. P. 33.3
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Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof, + See morethe sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
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Courts are not required to consider ability to pay when imposing fines. Furthermore, the Arizona Constitution prohibits excessive fines and ability to pay is one factor which can be + See moreused to determine whether a fine is excessive. In conducting a criminal contempt proceeding, the defendant must be given notice, time to prepare, and the right to subpoena witnesses.
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"Therefore, although we will consider ability to pay as one factor toward a claim that a fine is disproportionate, the trial court does not have to explicitly consider the defendant's + See moreability to pay when imposing a fine or its payment schedule" “Both the Eighth Amendment of the Constitution of the United States and Article 2, Section 15 of the Arizona Constitution prohibit the imposition of excessive fines. ‘An excessive fine is one that exceeds reasonable, usual, proper, or just punishment’ or ‘one so disproportionate to the offense that it shocks public sentiment and affronts the judgment of reasonable people.’ The ability to pay, however, is only one factor in the determination of whether a fine is excessive, and that factor is not dispositive” "Except as provided by law or by Rule 33.2, a person shall not be found in criminal contempt without a hearing held after notice of the charge. The hearing shall be set so as to allow a reasonable time for the preparation of the defense; the notice shall state the time and place of the hearing, and the essential facts constituting the contempt charged, the notice may be given orally by the judge in open court in the presence of the person charged, or by an order to show cause. The defendant is entitled to subpoena witnesses on his or her behalf and to release under Rule 7."
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Ability to pay |
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Arizona | State v. Phillips, 152 Ariz. 533, 535, 733 P.2d 1116, 1118 (1987) | Does the state’s separation of powers doctrine limit the ability of courts to impose or collect revenue? | To some degree. Courts can only impose and collect revenue where the legislature provides for such action through statutory law. |
"Under either statute, the trial court is required to set the manner of payment of restitution. The trial court thus erred in ordering the probation department to set the manner + See moreof payment rather than setting the manner of payment itself."
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Fines and fees |
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Arizona | Hughes v. Jorgenson, 203 Ariz. 71, 74, 50 P.3d 821, 824 (2002) |
Under state constitutional or statutory law, under what circumstances will the imposition or enforcement of fees or fines create conflicts of interest for courts, police departments, probation departments, or other + See morelaw enforcement agencies?
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Arizona law recognizes that a conflict of interest might arise where an officer or the court has a pecuniary or proprietary interest in the actions of an agency. |
"[T]o violate the conflict of interest statute, a public official must have a non-speculative, non-remote pecuniary or proprietary interest in the decision at issue. The statutes require public officials to + See moredisclose potential conflicts and, in most instances, to then refrain from acting on issues on which the conflict exists"
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Enforcement |
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Arizona | State v. Taylor, 216 Ariz. 327, 334, 166 P.3d 118, 125 (Ct. App. 2007) | Are there limits to the state’s ability to recoup fees for counsel under the state constitution? | Yes. Statutory law only allows the state to recoup fees which the defendnat has a present ability to pay. |
"Even if the court's statement that a payment plan can be worked out with the court's judicial assistance unit can be considered as making the order conditional, delegating such authority + See moreis not allowed under the rule. Rule 6.7(d) requires the court itself to balance financial resources against substantial hardship at the time the fee is imposed. Thus, based on the purpose of A.R.S. § 11–584(C) and Rule 6.7(d) as explained by the Arizona Supreme Court in Espinoza, the plain and ordinary meaning of the language used in the statute and rule, and the language used in the opinions quoted above, we hold that a court may only consider the defendant's present financial resources when making a determination pursuant to A.R.S. § 11–584(C) and Rule 6.7(d)."
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Ability to pay |
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Arizona | State v. Leyva, 165 Ariz. 269, 798 P.2d 407, 60 Ariz. Adv. Rep. 61, 1990 Ariz. App. LEXIS 165 (Ariz. Ct. App. 1990) | Other applicable caselaw | Statutory law allows trial courts to consider ability to pay when constructing a payment plan even where it cannot explicitly consider ability to pay when imposing a fee | "The trial court retains discretion under this section and § 13-810 to consider the economic circumstances of the defendant in determining the manner of payment" | Ability to pay |
Attorney General Opinions
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Arizona | State v. Robinson, 142 Ariz. 296, 297–98, 689 P.2d 555, 556–57 (Ct. App. 1984); 1987 Ariz. Op. Att'y Gen. 233 (1987) | Arizona-Attorney General opinion |
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if + See morethe proceedings may only result in additional fines or non-incarceration penalties?
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Arizona courts have only recognized that there must be an ability to pay proceeding where a party may be incarcerated. Such a determination should consider whether the probationer made good + See morefaith efforts to pay.
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"In view of the United States Supreme Court's holding in Bearden v. Georgia, supra, we conclude that the trial court's order, revoking appellant's probation solely on the grounds that he + See morefailed to complete payments on the fine and restitution, without regard to his ability to pay, amounts to a deprivation of appellant's conditional freedom in violation of the fundamental fairness required by the Fourteenth Amendment.”
“In considering a recommendation regarding a probationer who has not fully paid restitution and fines, it would be appropriate for a probation officer to consider, as guidelines, certain statutory requirements the courts must follow. A.R.S. § 13-901(E) authorizes a court to terminate a period of probation and discharge the probationer earlier than the term originally imposed only if it is in the interests of justice and “if the conduct of the defendant on probation warrants it.” A.R.S. § 13-810 establishes contempt sanctions for intentional refusal to make good faith efforts to pay restitution and also provides for modification of restitution orders if a defendant has been unable to pay restitution despite good faith efforts to do so. It would, therefore, also be appropriate for a probation officer to consider the extent of a probationer's ability to pay and whether the probationer made good faith payment efforts or intentionally refused to make efforts to pay in determining whether the defendant's conduct on probation warrants early termination and discharge from probation. The central purpose for all of these statutes is the protection of victims and a probation officer should always exercise his discretion with that purpose clearly in mind.”
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Arizona | 1989 Ariz. Op. Att'y Gen. 134 (1989) | Arizona-Attorney General opinion | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? |
The Arizona Constitution allows the Arizona Supreme Court to allow local courts to make indigency standards, but it is unlikely that local municipal bodies can set such standards without legislative + See moredelegation.
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"The Arizona Supreme Court's rulemaking power is derived from Ariz. Const. art. VI, § 5 which gives the supreme court the “[p]ower to make rules relative to all procedural matters + See morein any court.” See also Barsema v. Susong, 156 Ariz. 309, 314, 751 P.2d 969, 974 (1988). The supreme court is authorized to delegate indigency determinations to the presiding judge of the superior court in each county by Ariz. Const. art. VI, § 11 which provides that the presiding judge of each county “shall exercise administrative supervision over the superior court and judges thereof in their counties, and shall have other duties as may be provided by law or by rules of the Supreme Court.”“The Arizona Supreme Court has authorized the presiding judge of each county to establish a procedure for the appointment of counsel by the Superior Court for each indigent person entitled to the appointment of counsel. Ariz. Const. art. VI, § 11 (emphasis added). We have not found any constitutional or statutory authority under which the presiding judge may delegate to a county the duty of making indigency determinations and assessments respecting the appointment of counsel in Superior Court criminal proceedings. Moreover, a county has only such powers as have been expressly or impliedly conferred by the legislature. Davis v. Hidden, 124 Ariz. 546, 548, 606 P.2d 36, 38 (App.1979); Maricopa County v. Black, 19 Ariz.App. 239, 241, 506 P.2d 279, 281 (1973). The powers of a county are exercised by and through its board of supervisors. A.R.S. § 11–201; see also Davis v. Hidden, 124 Ariz. at 548, 606 P.2d at 38; Ricca v. Bojorquez, 13 Ariz.App. 10, 13, 473 P.2d 812, 815 (1970). The powers and duties of the counties' boards of supervisors are set forth in A.R.S. § 11–251 and do not include indigency screening or determinations for the superior courts. Thus, Pima County has not been conferred such power by the Legislature.”
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Arizona | See, e.g., State v. Townsend, No. 1 CA-CR 11-0420, 2012 WL 3306960, at *3 (Ariz. Ct. App. Aug. 14, 2012) (choosing not to answer who has the burden of proof) | Arizona-Attorney General opinion | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | Arizona Courts have not yet answered this question. |
"The State contends that Townsend bore the burden of proving that she was unable to pay restitution. Even assuming that the State is correct, we conclude Townsend met that burden + See moreof proof here."
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Ability to pay |
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Arizona | State v. Lopez, 175 Ariz. 79, 81, 853 P.2d 1126, 1128 (Ct. App. 1993) | Arizona-Attorney General opinion | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? | Case law has established that ability to pay need not be considered when imposing fines or fees. |
"Therefore, although we will consider ability to pay as one factor toward a claim that a fine is disproportionate, the trial court does not have to explicitly consider the defendant's + See moreability to pay when imposing a fine or its payment schedule"
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Arizona | Ariz. Op. Att'y Gen. No. I95-18 (Dec. 18, 1995) | Arizona-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Municipal Courts only have authority to collect the fines and fees which state statutes provide for. |
"Only city councils of charter cities which are established under Ariz. Const. art. XIII, § 24 may establish fees and surcharges to be collected by city courts, if their charters + See moreor ordinances authorize them to do so.5 City courts are also subject to the administrative supervision of the Supreme Court. Ariz. Const. art. VI, § 3; Winter v. Coor, 144 Ariz. 56, 59, 695 P.2d 1094, 1097 (1985).Ordinary municipal corporations such as cities and towns may not, however, establish court fees and surcharges to be collected by municipal courts within their jurisdiction. Unlike charter cities, their authority derives solely from state statutes. Maricopa County v. Maricopa County Mun. Water Conservation Dist., 171 Ariz. 325, 830 P.2d 846 (App. 1991). In establishing various municipal court fees under A.R.S. § 22-404(B), the Legislature prohibited any others “[e]xcept as otherwise provided by law.” We have reviewed the statutes in Title 9 relating to the authority of non-charter cities and towns and found no statutes authorizing a city or town to set court fees and surcharges."
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Fines and fees |
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Arizona | 1989 Ariz. Op. Att'y Gen. 134 (1989) | Arizona-Attorney General opinion | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | The Arizona Constitution grants the Supreme Court the right to impose binding state-wide rules for procedural matters related to fines and fees. |
"The Arizona Supreme Court's rulemaking power is derived from Ariz. Const. art. VI, § 5 which gives the supreme court the “[p]ower to make rules relative to all procedural matters + See morein any court.” "
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Enforcement |
The Criminal Justice Debt Reform Builder is a project of the National Criminal Justice Debt Initiative of the Criminal Justice Policy Program at Harvard Law School in collaboration with the Berkman Klein Center for Internet & Society at Harvard University and with user experience design by metaLAB (at) Harvard.
For more information, please visit cjpp.law.harvard.edu.