(A) The Town Magistrate has the authority to establish fees for the following:
(1) Case processing fees. For each case involving a criminal, criminal traffic or civil traffic offense, the Magistrate Court shall assess each person a case processing fee for each charge in which there is an adjudication adverse to the person in that matter. For purposes of this section, adverse adjudication shall include any and all determinations of guilt or responsibility including no contest pleas in criminal matters, irrespective of the punishment or penalty imposed by the Magistrate. These fees are subject to state surcharges. An additional charge may be added to each fine by the Superior Court.
(2) Warrant issuance administrative fee. When the Magistrate Court issues a warrant for failure to appear, on a criminal charge, non-compliance with any court order, failure to pay a fine, failure to pay restitution or failure to pay any other fees or penalties, the Magistrate shall impose an administrative fee upon the person for whom the warrant is issued. This fee shall be added to the sum or sums set forth in the warrant.
(3) License reinstatement fee. The Magistrate shall assess a license reinstatement fee for processing requests for license reinstatement for those persons whose license was suspended, revoked or cancelled due to failure to comply with a lawful order of the Magistrate Court, including but not limited to, the payment of fines, failing to complete counseling, alcohol or drug screening or failing to appear in the Magistrate Court pursuant to civil traffic violations.
(4) Deferred prosecution and probation fee. A deferred prosecution and probation fee shall be imposed on each criminal charge for which the court defers prosecution of an offense pursuant to Rule 38 of the Arizona Rules of Criminal Procedure or places an offender on probation for a criminal offense. In addition to the waivers provided in this section, this fee shall also, upon request of the town prosecutor, be waived or held in abeyance during the period of deferred prosecution or probation.
(5) Jail cost recovery fee. Any person who is arrested for a misdemeanor or is convicted of a misdemeanor criminal offense in the municipal court, and who, as a consequence, is sentenced to a term of incarceration in the county jail or any other detention facility authorized by law, shall pay a jail cost recovery fee to reimburse the town for its actual expenses incurred by reason of such confinement.
(6) Order to show cause fee. Magistrate Court may assess the defendant an on order to show cause fee for each order to show cause issued for failure to comply with terms of probation, payment schedules, or as required by Court order.
(7) Indigent administrative assessment fee. In addition to the court appointed attorney reimbursement cost, the Magistrate may order indigent defendants to pay an administrative assessment fee when the magistrate has appointed legal counsel pursuant to the Arizona rules of criminal procedure.
(8) Collection fee and charges. In the event the court engages in a collection agency for collection of restitution, fines, sanctions, costs and fees, the Municipal Court shall assess the defendant a collections fee to be added to the amount owed to the court. The defendant shall be liable for all costs of collections, including fee charged by the agency and/or attorney's fee. The Municipal Court may also enter into an agreement with the State of Arizona for attachment of the defendant's state income tax refund, lottery winnings that exceed $600, and/or any possible mandated by an Administrative Order by the Supreme Court of Arizona.
(B) Authority to waive fee. The Magistrate may waive all or a portion of the fees established by the article when, in the Magistrate's opinion, the waiver would be in the interest of justice. A finding that the person is indigent and has no anticipated future source of funds from which the fee(s) may be paid would support waiver of all or part of the fees in the interest of justice. Fee modifications may be updated by written directive of the Arizona Supreme Court, Arizona Legislature, Pinal County Superior Court, or by the town Magistrate Court.
(Prior Code, Ch. 10, § 10-10) (Ord. 102, passed 12-7-1987; Ord. 502-09, passed 3-16-2009; Ord. 643-15, passed 12-7-2015)