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What you should know about Arizona's State and County Court Systems

Arizona’s court system is in the middle of a multi-year plan intended to improve the state’s legal system. The “Good to Great” initiative is to run from 2005 through 2010, led by Supreme Court Chief Justice Ruth V. McGregor, with the goal of “providing access to swift, fair justice; protecting children, families and communities; being accountable; improving the communication and cooperation with the community; and serving the public by improving the legal profession.”

Arizona Supreme Court

Led by the aforementioned Chief Justice McGregor, the Arizona Supreme Court is a five-justice panel, including Vice Chief Justice Rebecca White Berch and three associates. The chief is chosen from among the associates to serve a term of five years in that role. The five justices are appointed by the governor to serve for a regular term of six years. In addition to handling case work, the chief justice also is the overseer of administrative operations for all state courts in Arizona. Justices face a retention vote two years after their appointment to the court, and every six years thereafter. They must retire at age 70.

As the top court in the state, the Supreme Court has original jurisdiction over habeas corpus, quo warranto, mandamus, injunction and other extraordinary writs to state officers, and original and exclusive jurisdiction to hear and determine causes between counties concerning disputed boundaries and surveys there of, or claims by one county against another. It has appellate jurisdiction in all actions and proceedings except civil and criminal actions originating courts not of record, unless the action involves validity of a tax, impost, assessment, toll, statute or municipal ordinance. It possesses the power to issue injunctions and writs of mandamus, review, prohibition, habeas corpus, certiorari and other writs necessary to complete its jurisdiction. And, it holds the power to make rules relative to all procedural matters of any Arizona court.

The court convenes in the impressive Arizona State Courts Building at 1501 West Washington in Phoenix. For general court information, dial (602) 542-9300.

The court’s archive of opinions, oral argument schedules and summaries, and rules of the court are available online.

State Appellate Courts

The Arizona Court of Appeals is split into two divisions. Division One convenes at the State Courts Building in Phoenix; Division Two convenes at 400 West Congress in Tuscon.

The courts are the intermediate appellate courts for the state. A total of 22 justices sit on the court, 16 in Division One and six in Division Two. Cases are heard by panels of three judges, known as “departments.” Division One also has a chief judge, presently John C. Gemmill, and vice chief, Ann A. Scott Timmer, who are elected by all judges in that division.

Court of Appeals judges are selected by a merit system. A bipartisan commission considers applicants and sends a list of nominees to the governor, who is required by law to appoint from that list based on merit and without regard to party affiliation. Initial terms are short, but once retained by a majority of voters in a general election, a Court of Appeals judge will serve for six years. In Division One, voters from Maricopa County vote whether to retain the judges who reside there. The remaining counties -- Yuma, La Paz, Mohave, Coconino, Yavapai, Navajo and Apache – vote collectively on whether to retain judges from those areas.

The Court of Appeals has jurisdiction to consider appeals of civil cases from Superior Court. It decides appeals in criminal matters from Superior Court, as well, unless a death sentence has been imposed, in which case the matter proceeds directly to the Supreme Court of Arizona. The appeals courts also review juvenile and domestic relations matters from Superior Court, workers’ compensation and unemployment benefit decisions, tax court rulings and some Corporation Commission decisions.

Opinions issued in Division One are available both categorized by type of case and in a searchable format. The list of opinions from Division Two is kept separately. The Division One calendar and Division Two calendar of oral arguments are readily accessible, and in Division One, an active case search and topical active case index are available.

Superior Court

Each Arizona County has its own Superior Court. The venues are the courts of general jurisdiction for the state. Superior Court judges hear all types of cases except small claims, minor offenses and violations of city codes and ordinances, which are handled by lower courts, Justice Court and Magistrate Court. The Superior Court also acts as an appellate court to hear appeals stemming from decisions made in those lower courts of limited jurisdiction.

Each county’s superior court maintains its own unique Web site. They are but 15 counties in Arizona: Apache; Cochise; Coconino; Gila; Graham; Greenlee; La Paz; Maricopa; Mohave; Navajo; Pima; Pinal; Santa Cruz; Yavapai; and Yuma.

Justice Court

Each Arizona county’s board of supervisors sets geographical boundaries, known as “precincts,” for that county’s Justice of the Peace courts. The boundaries are subject to change, but only at the end of the current just of the peace’s four-year term.

Justice of the Peace Court is a venue of limited jurisdiction. The judge hears traffic cases and certain minor civil and criminal matters. The justice of the peace court can issue search warrants and handle domestic violence and harassment cases. They hear landlord/tenant disputes worth less than $10,000, and small claims cases valued at under $2,500.

A Justice of the Peace Court judge might choose to require a defendant to answer criminal charges in Superior Court. The judge also can dismiss charges if he believes there is no probable cause to believe the defendant is guilty.

Web sites and contact information for Justice of the Peace Court in each county typically is available through the county’s Superior Court Web site.

Municipal Court

Many, but not all, Arizona towns and cities maintain a Municipal Court, also sometimes known as City Court or Magistrate Court. These courts have criminal jurisdiction over misdemeanor crimes and petty offenses committed within their own city or town limits. They share jurisdiction with Justice of the Peace Court over violations of state laws committed within their city limits.

Municipal Court judges hear misdemeanor criminal traffic cases such as driving under the influence of alcohol, hit-and-run and reckless driving cases where no serious injuries occur. The judges hear civil traffic cases, violations of city ordinances and codes, and can issue orders of protection and injunctions barring harassment. They also issue search warrants and handle domestic violence cases.

They do not have jurisdiction over civil lawsuits between citizens.

Like the Justice Court system, Web sites and contact information for most Municipal Court venues in Arizona can be accessed through the appropriate county’s Superior Court Web site.

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