(A) No person shall be required to pay any fee under this code who is determined as a matter of fact and law to be indigent. Prior to determining that a person is indigent for the purposes of this section, the City Court shall require a sworn statement from the defendant seeking a waiver of such fees as are authorized, which includes the following information.
(1) All income received by the defendant from any source on a monthly basis;
(2) The defendant’s monthly expenses;
(3) A list of assets owned by the defendant of all real and personal property with designations of fair market value; and
(4) A list of debts owed by the defendant.
(B) The fees required under this code shall be waived by the City Court if the defendant establishes by sworn statement or otherwise that they receive assistance from one or more of the following government programs:
(1) Food stamps 7 U.S.C. §§ 2011 through 2029; and/or
(2) The general assistance program under A.R.S. §§ 42-231 et seq.
(C) The City Court may also waive the fees required by this code if the Court expressly finds that the defendant has an income which is insufficient or barely sufficient to meet the daily essentials of life and includes no surplus disposable income that could be budgeted for payment of the fees.
(D) The City Court shall order the defendant to pay any assessed fees if, at any time prior to the entry of the final judgement, the City Court determines after notice to the defendant and a hearing that the defendant no longer meets the eligibility requirements of division (B) above.
(E) A defendant who has been granted a waiver of any fees due to indigence has an affirmative duty to promptly notify the City Court of any change in his or her financial circumstances during the pendency of an action that impacts the ability to pay the fees.
(Prior Code, § 5-3-8)