Sec. 8-2.5. Justices of the peace appointed as special magistrates for weekend arraignments, initial appearances, and conflict and other cases designated by the presiding magistrate.

   Any justice of the peace, upon assuming office, is appointed as a special magistrate of the city for the specific purpose of presiding over arraignments, initial appearances and any conflict case(s) or other case(s) designated by the presiding magistrate of the Tucson City Court involving any state law or city ordinance.

(Ord. No. 9971, § 1, 5-17-04; Ord. No. 10155, § 1, 5-24-05; Ord. No. 10996, § 1, 6-19-12, eff. 7-1-12; Ord. No. 11653, § 1, 5-21-19; Ord. No. 12110, § 1, 8-7-24)

Sec. 8-3. Conducting business on nonjuridical days.

City court shall always be open except on nonjuridical days. On such nonjuridical days, it may transact business within its jurisdiction.

(1953 Code, ch. 9A, §§ 2, 3; Ord. No. 1956, § 2, 9-8-59; Ord. No. 4679, § 3, 6-27-77; Ord. No. 7733, § 3, 12-9-91)

Sec. 8-4. Magistrates; powers and duties.

Each magistrate of the city court, in addition to exercising such judicial authority as provided in the Charter and Code of the city and the laws of the state shall:

   (1)   Devote their entire time to the duties of being a magistrate and shall not engage in the private practice of law.

   (2)   Observe, be available, and be present in attendance upon the court for the transaction of business every juridical day between the hours of 8:00 a.m. and 5:00 p.m. In addition to such hours, a magistrate may open court and be in attendance at the court during such additional hours of any juridical or nonjuridical day as may be necessary for the discharge or disposition of business properly coming before the court.

   (3)   Dispose with all reasonable promptness all matters taken under advisement and, in any event, issue a decision no later than twenty (20) days thereafter.

   (4)   Issue a minute entry of the court's judgment in all matters wherein disposition was based upon legal grounds rather than upon the factual merits of the matter, specifying therein the legal conclusion underlying the court's judgment.

   (5)   Follow and adhere to supervision by the presiding judge of the superior court as provided for in Arizona Supreme Court Administrative Order 93-30, and any amendment or successor to this provision.

   (6)   Follow and adhere to the city's rules of conduct and code of ethics contained in administrative directive 2.02-5 and 2.02-14 and any amendments or successors to these provisions to the extent adherence to these provisions does not affect judicial independence or is not inconsistent with the Code of Judicial Conduct.

(Ord. No. 4679, § 12, 6-27-77; Ord. No. 5169, § 3, 6-16-80; Ord. No. 7733, § 4, 12-9-91; Ord. No. 10062, § 3, 10-11-04; Ord. No. 12110, § 1, 8-7-24)

   Editors Note: Ord. No. 4679, § 1, adopted June 27, 1977, specifically amended the Code by repealing former § 8-5, which had pertained to office hours and had been derived from the 1953 Code, ch. 9A, § 5. Section 12 of Ord. No. 4679 added a new § 8-5 as hereinabove set out. The section was renumbered § 8-4 and the text amended by § 4 of Ord. No. 7733.

Sec. 8-4.1. Authorizing assignment of a presiding magistrate, term, compensation, duties.

   (a)   There is hereby created one administrative assignment position of Presiding Magistrate of the City Court of the City of Tucson whose function it is to assist the presiding judge of the superior court in performing administrative duties associated with the judicial and non-judicial functions of the city court.

   (b)   The presiding judge of the superior court is hereby authorized to appoint, in their sole discretion, any sitting city magistrate to the administrative assignment position of presiding magistrate.

   (c)   Any sitting city magistrate selected for assignment to the position of presiding magistrate shall serve at the pleasure of the presiding judge of the superior court, and may be removed from the administrative assignment of presiding magistrate at any time, for any reason, without cause and without right of appeal by the presiding judge of the superior court.

   (d)   While performing the administrative assignment of presiding magistrate, a city magistrate shall receive additional compensation in the amount of ten (10) percent of their annual salary, payable on a biweekly basis, pro-rated.

   (e)   The presiding magistrate shall perform those duties as required by law and this chapter and as assigned by the presiding judge of the superior court.

(Ord. No. 9042, § 1, 4-13-98; Ord. No. 10062, § 4, 10-11-04; Ord. No. 10454, § 1, 9-25-07; Ord. No. 12110, § 1, 8-7-24)

Sec. 8-5. Duty to fix bond, bail, fines, penalties, fees and assessments.

The city magistrates shall fix all bonds, bail, fines, penalties, fees and other assessments which are now or hereafter may be provided by law.

(1953 Code, ch. 9A, § 6; Ord. No. 4679, § 4, 6-27-77; Ord. No. 7733, § 7, 12-9-91)

   Note: Formerly, § 8-6. Renumbered § 8-5 by § 7 of Ord. No. 7733.

Sec. 8-5.2. Probation monitoring fees.

When granting supervised probation, the city court shall, as a condition of such probation, assess a monthly probation monitoring fee reflecting the actual costs of such supervised probation, including screening sessions, any necessary testing, court-ordered treatment, and any other necessary costs of supervised probation. Such monthly probation monitoring fee shall be not less than the sum specified in A.R.S. 13-901(A), or any successor provision(s), unless, after determining the inability of the probationer to pay the fee, the city court assesses a lesser fee. Such monthly probation monitoring fee may be assessed only when the person is placed on supervised probation.

(Ord. No. 8521, § 1, 6-12-95)

Sec. 8-6. Assumption of chapter 28 procedures.

All references in this Code to section 28-12 shall be amended to read section 8-6.1, all references in this Code to section 28-14 shall be amended to read Rule 23 of Local Rules of Practice and Procedure in City Court Civil Proceedings, and all references in the Code to chapter 28 shall be amended to read chapter 8.

(Ord. No. 7887, § 5, 8-3-92)