Title 12, Courts and Civil Proceedings

A. Each judge of the superior court may appoint a court commissioner. B. To be eligible to serve as a court commissioner a person shall be a United States citizen and a resident of the county in which appointed. He shall reside at the county seat or at such other city or town wit…

A. The court commissioner may: 1. In the absence or inability to act of the judge appointing him, hear and determine ex parte motions for orders and writs, except orders for injunctions. 2. Take proof and report his conclusions upon any matter of fact, other than an issue of fact…

A. In counties having three or more superior court judges, the presiding judge may appoint court commissioners to serve at his pleasure who shall have such powers and duties as shall be provided by statute or by rule of the supreme court, save and except such commissioners are ex…

Each judge of the superior court shall appoint a court reporter. Before entering upon his duties, the court reporter shall take and subscribe the official oath to be administered by the judge of the court.

A. The court reporter shall attend court during the hearing of all matters before it unless excused by the judge. He shall make stenographic notes of all oral proceedings before the court, but unless requested by court or counsel, he need not make stenographic notes of arguments …

A. The salary of the court reporter shall be fixed by the presiding judge of the court, with the approval of the board of supervisors of the county, and shall be paid by the county. B. The reporter shall receive from a party ordering an appeal transcript, two dollars fifty cents …

A. The court reporter may employ deputies who shall be compensated by him. B. When the reporter is prevented from performing his duties because of absence on public business, or when more than one judge is holding court at the same time in the county or any division thereof, the …

Each judge of the superior court may appoint such bailiffs as necessary to insure orderly transaction of the business of the court. The appointing judge shall prescribe the duties of the bailiff.

The court may when necessary appoint interpreters, who may be summoned in the same manner as witnesses, and shall be subject to the same penalties for disobedience.

A. The court shall in any civil or criminal case or grand jury proceeding in which a deaf person is party to such action, either as a witness, complainant, defendant or attorney, appoint a qualified interpreter to interpret the proceedings to the deaf person, to interpret the dea…

A. The presiding judge of the superior court in each county shall appoint a chief adult probation officer who shall serve at the pleasure of the presiding judge. Such chief adult probation officer, with the approval of the presiding judge of the superior court, shall appoint such…

A. The salary ranges of the adult probation department personnel shall be fixed by the board of supervisors on recommendation of the presiding judge of the superior court. Adult probation department personnel shall be hired pursuant to the rules and procedures approved by the sup…

The adult probation officer shall: 1. Make and file a complete record of persons placed under suspended sentence by the court, and of all reports made to the officer in writing or in person, in accordance with the conditions imposed by the court. 2. Exercise general supervision a…

A. In each county having a chief adult probation officer, such officer, with the approval of the presiding judge, shall: 1. Establish organizational and operational procedures for the deputy adult probation officers of the county. 2. Direct the work and activities of the deputy a…

Nothing in this article prevents a presiding judge of the superior court in a county from entering into agreements with private enterprises to provide supervision and counseling services for persons placed on probation in the county.

An adult probation officer may serve warrants, make arrests and bring persons who are subject to the supervision of pretrial services and who are alleged to have violated a condition of pretrial release before the court. A probation officer enforcing pretrial release conditions h…

A. Adult surveillance officers shall be appointed and shall qualify pursuant to section 12-251. B. Adult surveillance officers shall be hired, salary ranges shall be fixed and expenses and allowances shall be paid pursuant to section 12-252.

An adult surveillance officer shall: 1. Have the authority of a peace officer in the performance of the officer's duties. 2. Under the direction of the chief probation officer: (a) Exercise supervision and observation over persons who are sentenced to probation, including: (i) Vi…

The state supreme court shall carry out the provisions of this article.

A. The presiding judge of the superior court in each county desiring to improve, maintain or expand juvenile probation services, or to achieve or maintain the average adult probation case supervision requirement prescribed in section 12-251, may prepare a plan in accordance with …

The supreme court shall have the authority to reject any plan submitted pursuant to section 12-262. Upon approval of a plan submitted, the supreme court shall enter into a funding agreement with the county and shall make payments to the county as necessary to carry out the agreem…

By May 31 and December 31 of each year, each presiding judge of the superior court operating a program under this article shall submit to the supreme court an evaluation report describing the program and its accomplishments. If, in the judgment of the court, the program is succes…

A. Any county operating a program under this article shall receive a base amount of twenty thousand dollars from the funds appropriated annually for the purpose of carrying out this article. The remainder of any appropriated funds, excluding funds appropriated for administration,…

The supreme court may employ such personnel as it deems necessary to carry out the duties of this article.

A. The board of supervisors shall designate a chief fiscal officer who shall establish and administer an adult probation services fund consisting of: 1. County general fund appropriations for adult probation. 2. State appropriations for adult probation including: (a) Monies for a…

A. The board of supervisors shall designate a chief fiscal officer who shall establish and administer a juvenile probation fund consisting of: 1. County general fund appropriations for juvenile probation. 2. Court information cost monies received pursuant to section 8-134, subsec…

A. The administrative office of the courts shall not disburse any direct state aid for probation services monies, including motor pool costs, that are appropriated for juvenile intensive probation services pursuant to section 8-353, state aid for probation services pursuant to se…

A. The administrative office of the courts, in consultation with each county's adult probation department, shall calculate a county probation success incentive payment for each county for the most recently completed fiscal year. Each county's probation success incentive payment e…

A. The clerk of the superior court shall take the oath of office and give a bond in the sum of $5,000 conditioned on the faithful performance of the duties of that office and the payment of all monies to the person entitled to receive them. The bond is subject to approval by the …

A. The clerk shall keep custody in the clerk's county, and shall take charge of and safely keep and dispose of according to court rules all records which may be filed or deposited in custody. B. The clerk may destroy all documents, records, instruments, books, papers, depositions…

A. The clerk, in addition to the other duties prescribed by law or rule of court, shall: 1. Attend each session of the court held in the county. 2. Keep a list of fees charged in actions. 3. Keep records required by law or rule of court. 4. On or before January 15 of each year, c…

A. Except as otherwise provided by law, the clerk of the superior court shall receive fees classified as follows: Class Description Fee A Initial case filing fee Tax case $ 188.00 Filing complaint, notice of appeal under section 12-904 or petition 188.00 Filing intervenor 188.00 …

A. The document and digital evidence storage and retrieval conversion fund for the clerk of the superior court is established consisting of monies received pursuant to subsection C of this section. B. The clerk of the superior court shall administer the fund. The clerk, in coordi…

A. Excluding the monies that are kept by the court pursuant to subsection B of this section, the county treasurer shall transmit, distribute or deposit all monies received from the clerk of the superior court pursuant to section 12-284, subsection K as follows: 1. 1.20 percent to…

A clerk of the superior court who receives a fine or forfeiture and knowingly fails or refuses to pay or disburse it according to law within thirty days after receipt thereof, is guilty of a class 2 misdemeanor.

A. The clerk of the superior court may invest monies received in trust in interest bearing savings accounts or certificates of deposit in banks or savings and loan associations doing business in this state whose accounts are insured by the federal deposit insurance corporation or…

A. The board of supervisors may establish a clerk of the superior court victim location fund in the county treasury consisting of monies that are distributed pursuant to section 12-286, subsection E. The clerk of the superior court in cooperation with the board of supervisors sha…

The clerk of the superior court may remove from the clerk's accounting system all or part of any debt due to the clerk as prescribed by section 12-284, subsection A if the clerk does all of the following: 1. Bills the debtor at least four times. 2. Submits the debt for collection…

A. The spousal maintenance enforcement enhancement fund is established for the clerk of the superior court consisting of monies received pursuant to subsection B of this section. The clerk of the superior court shall administer the fund. Subject to the approval of the board of su…

A. A peace officer who believes that the life or safety of the officer or another person is in danger and that restricting access to the officer's personal identifying information will serve to reduce the danger may request that the general public be prohibited from accessing sup…

A. Notwithstanding section 12-213 family law referees or court commissioners shall be appointed by the presiding judge of the superior court in each county to provide for the expeditious establishment and enforcement of support orders brought pursuant to title 25, chapter 5, arti…

In this article, unless the context otherwise requires: 1. "Advisory committee" means a local community punishment advisory committee appointed by the presiding judge of the superior court. 2. "Application process and procedures" means the criteria and guidelines developed by the…

A. Subject to available monies, the supreme court shall allocate monies to the superior court in a participating county to establish and operate community punishment programs. B. The presiding judge of the superior court in each county desiring to participate in the community pun…

A. In the discretion of the presiding judge of the superior court, a community punishment advisory committee may be appointed before submitting a plan under this article. B. If a community punishment advisory committee is appointed pursuant to this article, the advisory committee…

A. The supreme court shall: 1. Implement and administer the community punishment program. 2. Adopt necessary guidelines, rules, standards and policies to implement this article. 3. Facilitate the development of local plans. 4. Develop and implement an application process and proc…

The presiding judge of the superior court shall annually submit a proposed budget for the following fiscal year for the community punishment program to the supreme court. The supreme court shall review and analyze each county budget and include the requests in its annual budget r…