(A) In the absence of the Presiding Magistrate, or in instances where the Presiding Magistrate has been disqualified by the action of the prosecution, defendant, recusation on the part of the Presiding Magistrate or other cause, a judicial assistant may hear such criminal action. However, judicial assistants may only perform ministerial or clerical non-discretionary judicial duties on these matters as defined in this chapter under definitions and administrative non-judicial duties as assigned by the Presiding Magistrate. If such judicial assistant has been privy to ex parte communications or has conducted independent factual research about a case while acting as court administrative staff, the judicial assistant shall not perform any magistrate duties in such case.
(B) Judicial assistants shall be appointed by the Council upon recommendation by the Presiding Magistrate with a minimum of a 2-year written contract as a non-career contract employee.
(C) Judicial assistants do not have to be active members of the State Bar of Arizona.
(D) Judicial assistants shall complete the New Judge Orientation, pass the exam as required by the Administrative Office of the Courts.
(E) Under no circumstances may a judicial assistant perform criminal trials, civil injunctions against harassment or orders of protection hearings, but they may serve as a civil hearing officer in other cases.
(Ord. 1400, passed 5-6-2014; Am. Ord. 1512, passed 9-21-2021)