Highest Court
The highest court in Arizona is the Supreme Court of Arizona. The Supreme Court consists of 5 justices. It has jurisdiction over (1) Final appellate jurisdiction in all actions in the state's court system except those arising in justice and police courts. (2) Exclusive jurisdiction in cases between counties.
Intermediate Courts
Court Of Appeals
The Court of Appeals consist of
22 judges. It has jurisdiction over all actions and proceedings originating
in or permitted by law to be appealed from the Superior Court.
General Courts
Superior Court
The Superior Courts consist of 159
judges and 53 other magisterial. It has jurisdiction over (1) Original
jurisdiction in all civil actions over $5,000, exclusive probate and domestic
relations jurisdiction, and appellate jurisdiction over various state administrative
agencies. (2) Original jurisdiction in felony and misdemeanor.(3) Exclusive
juvenile jurisdiction. (4) Appeals de novo and appeals on the record.
No Jury trials are overseen by this
court.
Limited Courts
Justices of the Peace Court
The Justices of the Peace Court
consists of 82 judges and 6 other magisterial. It has jurisdiction over
(1) Civil actions up to $10,000. (2) Misdemeanors and criminal offenses
with fine less up to $2,500 or sentence under 6 months, and preliminary
hearings.
Criminal and Civil jury trials are
overseen by this court.
Municipal Court
The Municipal Court consist of 86
full-time judges and 12 other magisterial and 56 part-time judges.
It has jurisdiction over misdemeanors and criminal offenses with fine less
than $2,500 or sentence under 6 months and preliminary hearings.
Additional Information
Judges: Number, Term, Election
(Section 12-101 of Arizona Revised Statutes)
The Supreme Court of Arizona is
composed of 5 judges. The judges are elected at the general election
preceding the expiration of a term of office. The judge's term shall
take effect on the first Monday in January of the year in which it began
and shall last for six years.
Jurisdiction and duties; court
appointments; background investigation
The Supreme Court of Arizona shall
discharge the duties imposed and exercise the jurisdiction conferred by
the constitution and by law. The Supreme court shall require that each
applicant to any paid position in the judicial department defined as a
noncriminal justice agency under federal law provide a full set of fingerprints
so that the court may conduct a criminal background investigation.
The fingerprint card shall be submitted to the Department of Public Safety
that is authorized to exchange the card information with the FBI for a
national criminal history records check. The application shall be
responsible for the cost of the card that shall not exceed the actual cost
of obtaining the applicant's criminal history information. (Arizona Revised
Statute 12-102)
Power of the Superior Court
The Superior Court of Arizona has
the general powers conferred to it by the constitution, rules, or statutes.
Additionally, the superior court is free to proceed according to the common
law. (Arizona Revised Statutes, 12-122)
Indian tribal courts; involuntary
commitment orders; recognition
According to Arizona Revised Statute
12-136, an involuntary commitment order of an Arizona tribal court that
is filed with the clerk of the superior court shall be recognized and enforceable
by any court of record to the state. The order is subject to the
same procedures, defenses, and proceedings for re-opening, vacating, or
staying as a judgment of the court. The state by action of the Attorney
General shall have five days from receipt of the written notice to appear
and respond. A patient committed under this section shall be subject to
the jurisdiction of the state.
Subsection B of this statute concerns
the discharge and release of the patient. The State Mental Health
Treatment facility shall notify the tribal court that issued the involuntary
commitment order 10 days before the discharge or release. Any necessary
outpatient follow-up shall be provided by an intergovernmental agreement.
12-164. Qualifications and assignment
of tax judge; qualifications and appointments of judges pro tempore and
commissioners assigned to the tax court
A judge of the tax court of Arizona
shall be a willing superior court judge wanting to specialize in tax cases
who has been selected according to the law and assigned to tax court by
the current judge of the superior court in Maricopa County. The tax court
judge shall serve for at least two years or the remainder of his current
term of office, whichever is less.
The tax court shall also have a
judge pro tempore (according the qualifications in Section 12-142) that
is appointed by the chief justice of the supreme court pursuant to section
12-141. The judge pro-tempore must qualify under the minimum standards
of experience and education in tax law established by the supreme court.
Subsection D of 12-164, appoints
a court commissioner to the tax court.
Preservation and destruction
of records
According to Arizona Revised Statute
12-202.01, the clerk of the supreme court may destroy or provide for the
destruction of all documents, records, instruments, books, papers, depositions,
exhibits and transcripts in any action or proceeding in the supreme court,
or otherwise filed or deposited in the clerk's custody pursuant to rules
adopted by the supreme court.
A photographic or electronic reproduction
or image of any of the records described in this section, which has been
certified by the person in charge of such reproduction as being an exact
replica of the original, shall be received in evidence in all courts, and
in hearings before any officer, board or commission having jurisdiction
or authority to conduct such hearings, in like manner as the original.
The clerk is to notify the director
of the Arizona state library, archives and public records of records designated
for destruction pursuant to court rules. The state library, during the
time prescribed by court rule, may review and inspect these records. During
this time period, the state library may remove any of these records for
storage and retrieval.
12-231. Appointment and duties
of bailiffs
Bailiffs are appointed by the superior
court judges to insure orderly business of the court. The judge that
appoints the bailiff shall give the duties to the assigned bailiff.
