§ 5-102 Judicial Collection Enhancement

A. Definitions. “Local JCEF" means locally retained monies collected pursuant to A.R.S. §§ 12-116(B), 12- 284.03(B), 22-281(D) and 22-404(D). “State JCEF” means monies deposited in the fund pursuant to A.R.S. § 12-113(A)(1-3).

B. Purpose. The Judicial Collection Enhancement Fund is established in A.R.S. § 12-113 et seq. to improve the administration of justice by enhancing the enforcement of court orders. State and local JCEF funds shall be used to train court personnel, improve, maintain and enhance the ability to collect and manage monies assessed or received by the courts including restitution, child support, fines and civil penalties; and to improve court automation, case processing, or the administration of justice.

C. Administration.

1. The Administrative Office of the Courts (AOC) shall oversee JCEF. The administrative director, or designee, shall establish timetables, policies, procedures, forms, and reports necessary to administer the program.

2. The administrative director shall prepare fiscal projections, create a budget based on those projections, and make allocation recommendations to the Arizona Judicial Council (AJC).

3. The AJC shall review and may approve the administrative director's allocation recommendations of state JCEF pursuant to A.R.S. § 12-113(C).

4. The administrative director shall expend projected funds each fiscal year for administration and projects according to the allocation recommendations approved by the AJC.

5. The administrative director may monitor court compliance with collection and submission of JCEF surcharges and fees.

6. The administrative director may audit court compliance with the approved project plan, with its signed funding agreement, or any other circumstances requiring such action.

7. The administrative director shall submit an annual report by January 8th of each year to the legislature and the governor pursuant to A.R.S. § 12-113(D) detailing the money collected and expended and progress made in improving the ability of courts to collect monies.

8. The administrative director may conduct seminars and educational sessions and provide assistance to judges, court staff, and other public agencies regarding the purpose and operation of JCEF programs.

D. General Provisions for State JCEF.

1. Courts shall submit an application for state JCEF projects to the AOC on forms provided by the AOC and in compliance with AOC procedures and schedules for submission of applications.

2. The Commission on Technology (COT) shall review and may approve requests for technology projects to be funded with state JCEF monies.

3. The administrative director shall review and may approve all requests for non-court technology state JCEF projects in accordance with AJC's approved allocation plan.

4. Courts shall sign funding agreements prepared by the AOC in order to receive state JCEF monies.

5. A court shall deposit all state JCEF grant monies received from the AOC into an account with the city or county treasurer. A court or its funding authority shall account for state JCEF separately from other funds.

6. A court or its funding authority shall account for interest earned on state JCEF grant awards separately and shall request authorization and approval from the AOC to spend interest earned. The court shall revert the interest if the AOC does not grant permission.

E. General Provisions for Local JCEF.

1. Courts shall submit an application for local JCEF requests exceeding $2,500 to the AOC on forms provided by the AOC and in compliance with AOC procedures.

2. The application for local JCEF requests shall be signed by the presiding judge of the limited jurisdiction court and the presiding judge of the county for the limited jurisdiction court applications.

3. The application for local JCEF requests shall be signed by the clerk of the superior court and the presiding judge of the county for superior court applications. The superior court or clerk of superior court shall submit the application to the administrative director for approval when the presiding judge and clerk of the superior court do not agree on a project.

4. COT shall review and may approve local JCEF court technology projects exceeding $250,000.

5. The administrative director shall review and may approve all requests for local JCEF projects exceeding $2,500. The court may proceed without approval of the administrative director if the project, including the proposed budget, is described in the Information Technology Strategic Plan and is approved by COT.

6. The court shall retain all spending plans for local JCEF requests under $2,500 with expenditure documentation.

7. The court shall account for local JCEF separately from other funds.

8. The AOC may audit local JCEF accounts and expenditures.

F. General Provisions for JCEF Reporting. Courts expending state JCEF monies shall submit an annual report by August 30th of each year for compliance with A.R.S. § 12- 116(B). Courts shall detail all grant-funded expenditures and progress made in improving the court’s ability to collect monies during the prior fiscal year.

G. General Provisions for JCEF Receipts.

1. By the fifteenth day of each month following the month in which the money is collected, county and city treasurers shall submit to the state treasurer state JCEF money collected by the superior court, justice of the peace courts, and municipal courts.

2. By the fifteenth day of each month following the month in which the money is collected, the supreme court and court of appeals shall submit to the state treasurer state JCEF money they collected.

3. The court or funding authority shall not use JCEF funds to pay county or city administrative costs for services associated with receipt of those funds. Administrative costs include but are not limited to: • Accounting • Payroll • Data processing • Purchasing • Personnel • Building use

4. The court shall use equipment purchased with JCEF funds solely for the purposes specified in the approved plan unless the AOC provides written permission. Adopted by Administrative Order 2001-81 effective July 19, 2001. Amended by Administrative Order 2004-93 effective November 10, 2004. Amended by Administrative Order 2024-59, effective April 10, 2024.