(A) Fee and surcharge schedule. The following table is the fee and surcharge schedule for Magistrate's Court services, which town staff must collect unless otherwise directed by the Magistrate in accordance with this section. These fees and surcharges are in addition to any imposed by state or other law.
Magistrate’s Court Fees | Fee |
Magistrate’s Court Fees | Fee | |
Warrants | Per warrant following a failure to appear | $175 |
Default civil traffic fee | Per event in all civil traffic cases | $88 |
Court enhancement fee | Per event in all criminal cases | $44 |
Court appointed counsel fee | Per hour in all criminal cases where counsel has been appointed but either: the defendant is later discovered to not be indigent; or the defendant fails to appear at a scheduled meeting with the court appointed counsel | $44 |
Research in locating a document | Per document | $17 |
Research other than in locating a document | Per hour in all criminal cases | $25 |
Return check fee | Per check in all criminal cases | $57 |
Deferred prosecution fee | Per event in all cases resulting in deferred prosecution | $88 |
Deferred sentence fee in cases where the judge directs the defendant to perform a task and report back in lieu of punishment (not probation) | Per event in all cases resulting in deferred sentence | $88 |
Suspended license | Per event in all cases resulting in or from each suspension of an Arizona driver’s license or privilege to drive in the State of Arizona which the Magistrate’s Court is required to issue as the result of failure to pay a civil sanction, or a default judgment in a civil traffic matter. | $70 |
Copies of any document | Per page | $0.50 |
CD transcription | Per CD in all cases | $15 |
Minimum clerk fee | Per request made to the clerk (this is a minimum charge: if the services exceed this charge; then no minimum clerk fee is due) | $17 |
Record duplication | Per record | $17 |
(B) Reduced fees.
(1) Fees may be reduced or waived by the Magistrate to avoid injustice.
(2) If a person has been found by the Magistrate's Court to be indigent, the Magistrate may reduce or waive the amount of any fee set forth in this section based upon the individual's ability to pay.
(3) Nothing herein purports to grant the Magistrate the authority to waive state mandated fees or surcharges.
(C) Ex post facto. The foregoing fees and surcharges, if applied upon a finding of guilty/responsible, cannot be imposed in a case in which the violation occurred prior to September 17, 2010.
(D) Fee segregation. The foregoing fees and surcharges collected for court-related products or services may not be used to fund other town activities, unless specifically authorized by the Town Council. All fees collected under this section shall be received by the Magistrate's Court in a manner consistent with the Arizona Supreme Court Accounting Standards and shall be deposited into the town's General Fund.
(E) Community service conversion. The Magistrate may convert all or part of any fee to community service time at a rate consistent with the Magistrate's Court community service practices.
(F) The amount of administrative or magistrate fees may be revised from time to time as recommended by the Court or initiated by the Council.
(Ord. 10-67, passed 4-20-2010; Am. Ord. 10-72, passed 8-17-2010; Am. Ord. 11-85, passed 5-17-2011)