justice courts; administration; due process

Plain English Breakdown

The bill summary and text provide detailed provisions but do not specify enforcement mechanisms for non-compliance, leaving this aspect uncertain.

Justice Courts; Due Process for Administrative Actions

This bill sets up due process requirements for administrative actions that affect the authority of Justices of the Peace in Arizona, and it requires reporting to lawmakers if such actions impact local court governance or county budgets.

What This Bill Does

• Requires state or county entities to follow specific steps when taking actions that could change a Justice of the Peace's ability to do their job as defined by law.
• Ensures Justices of the Peace have the right to be represented by an attorney, present evidence and witnesses, and receive written decisions with findings and conclusions from independent hearing officers.
• Makes sure any administrative action violating these rules cannot be enforced against Justice Courts until it is fixed.
• Limits what state or county entities can do in terms of controlling operations, making personnel decisions, managing budgets, and appointing supervisors for Justice Courts unless specifically allowed by law or necessary to fulfill constitutional duties.
• Requires the Supreme Court, Administrative Office of the Courts, or presiding judges to report any orders or directives that affect local court governance, statutory authority, personnel management, or county fiscal operations within 10 days.

Who It Names or Affects

• Justices of the Peace in Arizona
• State and county entities involved in Justice Court administration

Terms To Know

Due Process

A legal requirement that the government must follow fair procedures before depriving a person of life, liberty, or property.

Administrative Supervision

The oversight and control exercised by state or county entities over Justice Courts to ensure proper functioning and compliance with laws.

Limits and Unknowns

• This bill does not apply to case-specific rulings, judicial discipline proceedings, or the exercise of judicial discretion in adjudication.
• It is unclear how this legislation will be enforced if state or county entities do not comply with due process requirements.

Official Summary Text

HB2976 - 572R - House Bill Summary

ARIZONA HOUSE OF REPRESENTATIVES

57th
Legislature, 2nd Regular Session

Majority Research Staff

House:
FMAE DP 6-0-1-0

HB
2976
: justice courts; administration; due process

Sponsor:
Representative Hernandez A, LD 20

House
Engrossed

Overview

Establishes
due process requirements and judicial review for administrative actions that
materially affect a Justice of the Peace�s statutory authority and clarifies
the boundaries of permissible administrative supervision. Imposes legislative
reporting, fiscal impact disclosure and funding conditions on court-issued
administrative orders affecting local courts and counties.

History

Each county in Arizona has Justice Courts that are presided
over by a Justice of the Peace elected to a four-year term. Justice Courts
preside over civil lawsuits where the disputed amount is $10,000 or less,
landlord and tenant controversies, small claims cases and civil and criminal
offenses including DUIs. Justices of the Peace also resolve misdemeanor
allegations and handle requests for orders of protection and injunctions
against harassment.

Article VI,
Section 3
of the Arizona Constitution grants the Supreme
Court supervisory authority over the administration of all courts of the state.
The Administrative Office of the Courts (AOC) assists the Chief Justice of the
Arizona Supreme Court with administrative duties and is comprised of the
following divisions: 1) Executive Office; 2) Administrative Services; 3) Adult
Probation Services; 4) Certification and Licensing; 5) Court Services; 6)
Dependent Children's Services; 7) Education Services; 8) Information Technology;
and 9) Juvenile Justice (
AZ Courts
).

Statute outlines that County Boards of Supervisors (BOSs) are
required to divide their respective counties into justice precincts and name or
number them. BOSs may change or abolish any justice precinct or redistrict the
county if certain procedures are followed (
A.R.S. � 22-101
).

Provisions

1.

Requires a
state or county entity that takes administrative action that materially affects
a Justice of the Peace's statutory administrative authority to comply with the
following due process requirements:

a.

provide
written notice to the Justice of the Peace of the specific factual and
statutory basis for the proposed action;

b.

provide an
opportunity to the Justice of the Peace for a hearing before an independent
hearing officer;

c.

make a
finding of clear and convincing evidence unless a different standard is
required by constitutional law; and

d.

provide a
right to the Justice of the Peace:

i.

for
representation by counsel;

ii.

to present
evidence and witnesses; and

iii.

to receive a
written decision that includes the findings of fact and conclusions of law.
(Sec. 1)

2.

States that
a final decision issued regarding such an administrative action is subject to
judicial review as prescribed by statute. (Sec. 1)

3.

Specifies
that an administrative action violative of this act is unenforceable against
the affected Justice Court until the administrative action is brought into
compliance with the act. (Sec. 1)

4.

Clarifies
that the act applies only to administrative actions that alter, suspend or
displace a Justice of the Peace's statutory authority and that the act does not
apply to case-specific rulings, judicial discipline proceedings or the exercise
of judicial discretion in adjudication. (Sec. 1)

5.

Requires
that a state or county entity's administrative supervision, unless expressly
authorized by statute or as necessary to fulfill constitutional supervisory
duties, excludes the following:

a.

operational
control of a Justice Court;

b.

personnel
decisions;

c.

payroll or
budget management;

d.

orders or
directives that displace the statutory authority of an elected Justice of the
Peace; and

e.

the
appointment of supervisors, administrators or designees to assume operational
control of a Justice Court. (Sec. 1)

6.

Provides
that the administrative supervision exclusions established by the prior
provision:

a.

apply unless
the administrative supervision is otherwise required to ensure the
administration of justice or to fulfill constitutional supervisory duties; and

b.

governs only
statutory interpretation and does not limit or impair the constitutional
authority of the Supreme Court. (Sec. 1)

7.

Requires
that any administrative order or directive issued by the Supreme Court, AOC or
a presiding judge and that materially affects local court governance, statutory
administrative authority, personnel management or county fiscal operations must
be reported to outlined legislative officials. (Sec. 1)

8.

Specifies
that the report be sent to the outlined legislative officials within 10 days
after the administrative order or directive issued and that the report must
include:

a.

a statement
that identifies the statutory or constitutional authority on which the Supreme
Court, AOC or presiding judge relied; and

b.

a fiscal
impact statement that identifies any costs imposed on counties. (Sec. 1)

9.

States that
a county is not required to implement new operational, reporting, staffing or
technology requirements that are imposed by an administrative order or
directive unless both:

a.

the Supreme
Court issues a fiscal impact statement; and

b.

the
Legislature appropriates sufficient monies to the county for the implementation
of the order or directive. (Sec. 1)

10.

Stipulates
that the county exemption from requirements imposed by an administrative order
or directive does not apply to temporary orders or directives necessary to
address an immediate threat to public safety if the monies are requested or
appropriated within 90 days after the issuance of the order or directive. (Sec.
1)

11.

Applies this
act to administrative actions that are initiated or remain ongoing on or after
the effective date of this act. (Sec. 2)

12.

States that
this act does not affect the validity of a final judicial determination and
does not reopen or invalidate a completed disciplinary proceeding. (Sec. 2)

13.

Requires
that any ongoing administrative action that is subject to this act be brought
into compliance with this act within 90 days after the effective date. (Sec. 2)

14.

Contains a
legislative findings and intent clause. (Sec. 3)

15.

Defines
pertinent terms. (Sec. 1)

16.

17.

18.

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19.

Initials GG���������������������� HB
2976

20.

3/4/2026��� Page 0 House
Engrossed

21.

22.

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FOOTER ---------

Current Bill Text

HB2976 - 572R - H Ver

House Engrossed

justice courts;
administration; due process

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2976

AN
ACT

AMENDING Title 22, chapter 1, article 2,
Arizona Revised Statutes, BY ADDING SECTIONS 22-126, 22-127, 22-128 and 22-129;
relating to justices of the peace.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 22, chapter 1, article 2,
Arizona Revised Statutes, is amended by adding sections 22-126, 22-127, 22-128
and 22-129, to read:

START_STATUTE
22-126.

Due process protections for administrative actions affecting
elected justices of the peace; applicability; definitions

A. a state or county entity that
takes administrative action that materially affects a justice of the peace's
statutory administrative authority shall comply with the following due process
requirements:

1. Provide written notice to the
justice of the peace of the specific factual and statutory basis for the
proposed action.

2. Provide an opportunity to the
justice of the peace for a hearing before an independent hearing officer.

3. Make a finding of clear and
convincing evidence unless a different standard is required by constitutional
law.

4. Provide a right to the justice of
the peace:

(
a
) For
representation by counsel.

(
b
) To present
evidence and witnesses.

(
c
) To receive
a written decision that includes findings of fact and conclusions of law.

B. A final decision that is issued
pursuant to this section is subject to judicial review under title 12, chapter
7, article 6.

C. An administrative action that
violates this section is unenforceable against the affected justice court until
the administrative action is brought into compliance with this section.

D. This section applies only to
administrative actions that alter, suspend or displace a justice of the peace's
statutory authority. This section does not apply to case-specific rulings,
judicial discipline proceedings or the exercise of judicial discretion in
adjudication.

E. For the purposes of this section:

1. "independent hearing
officer" means a person to whom both of the following apply:

(
a
) The person
is not subject to the supervision or control of the entity that initiates the
administrative action.

(
b
) The person
may be selected from a judicial, administrative or other neutral roster
authorized by law.

2.
"Materially
affects
" means an administrative action that affects
the ability of a justice of the peace to exercise the justice of the peace's
statutory duties because the administrative action:

(
a
) Alters,
suspends, limits or displaces statutory administrative authority.

(
b
) Imposes new
operational or fiscal obligations.

(
c
) Results in
a substantive change to operational control.

3.
"State
or county entity
":

(
a
) Includes
administrative bodies and officers acting pursuant to state statute.

(
b
) Does not
include the adjudicative functions of any court.
END_STATUTE

START_STATUTE
22-127.

Administrative supervision; applicability; definitions

A. A state or county entity's
administrative supervision excludes the following, unless expressly authorized
by statute or as necessary to fulfill A state or county entity's constitutional
supervisory duties:

1. Operational control of a justice
court.

2. Personnel decisions.

3. Payroll or budget management.

4. Orders or directives that displace
the statutory authority of an elected justice of the peace.

5. The appointment of supervisors,
administrators or designees to assume operational control of a justice court.

B. This section:

1. Applies unless the administrative
supervision is otherwise required to ensure the administration of justice or to
fulfill constitutional supervisory duties.

2. Governs only statutory interpretation
and does not limit or impair the constitutional authority of the Supreme Court
under Article VI, section 3, Constitution of Arizona.

C. For the purposes of this section:

1.
"Administrative
supervision
" includes statewide oversight that is
necessary to ensure:

(
a
) Uniform
procedural rules.

(
b
) Judicial
education and training.

(
c
) Standards
for case reporting.

(
d
) Compliance
with statewide judicial policies that do not conflict with statute.

2.
"State
or county entity
" has the same meaning prescribed in
section 22-126.
END_STATUTE

START_STATUTE
22-128.

Reporting of administrative orders and directives affecting
justice courts; definition

A. Any administrative order or
directive that is issued by the Supreme Court, the administrative office of the
courts or a presiding judge and that materially affects local court governance,
statutory administrative authority, personnel management or county fiscal
obligations shall be reported to the president of the senate and the speaker of
the house of representatives within ten days after the administrative order or
directive is issued. The report shall include both:

1. A statement that identifies the
statutory or constitutional authority on which the Supreme Court, the
administrative office of the courts or a presiding judge relied.

2. A fiscal impact statement that
identifies any costs imposed on counties.

B. For the purposes of this section,
"materially affects
" has the same
meaning prescribed in section 22-126.
END_STATUTE

START_STATUTE
22-129.

County funding obligations; unfunded mandates; exception

A. A county is not required to implement
new operational, reporting, staffing or technology requirements that are
imposed by an administrative order or directive unless both:

1. The Supreme Court issues a fiscal
impact statement.

2. The Legislature appropriates
sufficient monies to the county to implement the administrative order or
directive.

B. This section does not apply to
temporary orders or directives that are necessary to address an immediate
threat to public safety if monies are requested or appropriated within ninety
days after the order or directive is issued.
END_STATUTE

Sec. 2.
Applicability

A. This act applies to
administrative actions that are initiated or that remain ongoing on or after
the effective date of this act.

B. This act does not affect
the validity of a final judicial determination and does not reopen or
invalidate a completed disciplinary proceeding.

C. Any ongoing
administrative action that is subject to this act shall be brought into
compliance with this act within ninety days after the effective date of this
act.

Sec. 3.
Legislative findings and intent

A. The legislature finds
and declares that:

1. Justices of the peace
are elected constitutional officers who are accountable to the voters of their
respective precincts.

2. Justice courts are
courts of limited jurisdiction that are established by statute, and the
legislature retains authority to define a justice court's statutory structure,
duties, administrative authority and procedures, subject to the Constitution of
Arizona.

3. Counties bear primary
fiscal responsibility for justice court operations, and unfunded administrative
requirements may impose significant burdens on county budgets.

4. Administrative actions
that materially affect the statutory authority of an elected justice of the
peace implicate the integrity of the elected office and require minimum due
process protections.

5. This act does not limit
or impair the constitutional authority of the supreme court under article VI,
section 3, Constitution of Arizona. The legislature intends only to define
statutory rights, county obligations and procedural protections applicable to
justice courts as established by statute.