The Brief - February 2013

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Vol. 9, No. 2                                                                                                                 February 2013

Fee Increases

The Administrative Office of the Courts (AOC) announced that the policy-making body for the Arizona Judicial Branch, the Arizona Judicial Council, has approved a 5% increase in civil filing fees for justice and superior courts. The increase will go into effect on March 18, 2013 and applies to most filings and services set by Arizona Revised Statute 12-284.

The AOC reports the last filing fee increase was enacted by the state legislature in 2007. As part of the 2007 law, statutes were changed to authorize the Judicial Branch to review and increase civil filing fees periodically, in amounts not to exceed the consumer price index (CPI). After a review of filing fees by the Arizona Judicial Council, a 5% increase was approved, substantially less than the 9% CPI increase since 2007.

Additionally, the Board of Supervisors in each county has authority to assess local fees based on the cost and type of services provided or required in each county. The Clerk’s Office in Maricopa County will post the latest fee schedule and effective date online at http://www.clerkofcourt.maricopa.gov/fees.asp. Those who practice in other counties should contact the Clerk of the Court’s office or web site in those jurisdictions for a fee schedule that will reflect any other applicable local fees. Visit www.azcourts.gov/AZCourts/AZCourtsLocator.aspx for information on local courts.

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Victim Names

As reported in last month’s Brief, changes to Supreme Court Rule 123 that took effect on January 1 further limited some minute entries from displaying online to the general public. Recently adopted changes to the criminal, juvenile, and Supreme Court rules will prevent additional minute entries from posting to the Clerk’s website where the case involves a victim of specific sex crimes and cases with a juvenile victim of any crime. The rule changes apply to the Clerk’s minute entry website, as those are the only documents currently available online to the general public.

In situations where a victim needs to be referenced in a court document, related changes to the rules will require parties, attorneys, and the court to use substitute identifiers in appellate and published documents rather than using the victim’s true name. Substitute identifier rules do not apply while the case is in Superior Court. The changes were adopted with a September 1, 2013 effective date to allow necessary programming and implementation across court systems. To review the changes and requirements, see the final rule for petition 12-0004 online at http://www.azcourts.gov/Portals/20/2012Rules/120512/R120004.pdf.