Vote — approved

Thomas Galvin	yes
Kate Brophy McGee	yes
Mark Stewart	yes
Debbie Lesko	yes
Steve Gallardo	yes

Ayes: Thomas Galvin, Kate Brophy McGee, Mark Stewart, Debbie Lesko, Steve Gallardo

Item Text

28. INCREASED WRIT FEE ISSUED BY A JUSTICE OF THE PEACE IN CIVIL CASES PER AMENDMENT TO A.R.S. § 11-445(A)(17) Approve an increased fee of $10.00 for all writs issued by a Justice of the Peace in civil cases, effective upon Board of Supervisors' approval. Fees collected will be deposited into the Constable Ethics, Standards and Training fund established by Section 22-138. Senate Bill 1161, enacted July 1, 2025, amends A.R.S. § 11-445(A)(17) to allow the Board of Supervisors to establish a fee of no more than $10.00 per writ issued, increased from the previous $5.00 per writ. In the 2025 fifty-seventh legislature, first regular session, the Arizona State Legislature amended A.R.S. § 11-445 regarding the Constables Ethics, Standards and Training Board fund under Senate Bill 1161. Effective July 1, 2025, each County Board of Supervisors shall set a fee on each Writ issued by a Justice of the Peace in their respective counties. The fee to be set is no more than $10.00 per writ and shall be administered by the Constable Ethics, Standards and Training Board. The fees established by the Board of Supervisors requires the Constable Ethics, Standards and Training Board to use 80% of the monies for Constable training, equipment, and related grants; and 20% will be used for funding the Constable Ethics, Standards and Training Board. A.R.S. § 22-138(A) directs, on notice from the board, the state treasurer to invest and divest monies in the fund pursuant to section A.R.S. § 35-313, and monies earned from investment shall be credited to the fund. Monies in the fund are exempt from the provisions of section A.R.S. § 35-190 relating to lapsing of appropriations and are continuously appropriated to the board for the purposes of this section. The intent of the increase of the writ fee is to provide sufficient funding for the training of Constables throughout the State of Arizona to increase the knowledge, training, and professionalism of all Constables and to increase the ability of the Constable Ethics, Standards and Training Board to adequately perform its mandated duties. Currently, many counties do not provide funding for Constables’ training even though training is mandated by law. The collection of funds from the increased writ fees will alleviate this problem by making funding for training available to all Constables. The result should be that the public will benefit from the availability of training for all Constables who should be able to more effectively serve their constituents in a professional manner. (C-25-26-001-X-00)