8-323

8-323. Juvenile hearing officer; appointment;
term; compensation; hearings; required attendance; contempt

A. The judge of the juvenile court, or in counties having more than one judge of
the juvenile court, the presiding judge of the juvenile court, may appoint one or more
persons of suitable experience who may be magistrates or justices of the peace to serve
as juvenile hearing officers on a full-time or part-time basis. The county board of
supervisors shall approve the appointment of justices of the peace as juvenile hearing
officers. The local governing body shall approve the appointment of municipal judges as
juvenile hearing officers. The juvenile hearing officer serves at the pleasure of the
appointing judge. The appointing judge, with the approval of the board of supervisors,
shall determine whether any compensation shall be paid to a juvenile hearing officer who
is not otherwise employed by a public agency or holding another public office and shall
establish the amounts and rates of the compensation.

B. Subject to the orders of the juvenile court a juvenile hearing officer may hear
and determine juvenile pretrial detention hearings and may process, adjudicate and
dispose of all cases that are not classified as felonies and in which a juvenile who is
under eighteen years of age on the date of the alleged offense is charged with violating
any law relating to the following:

1. Any provision of title 28 not declared to be a felony.

2. The purchase, possession or consumption of spirituous liquor by a juvenile.

3. Boating or game and fish.

4. Curfew.

5. Truancy.

6. The damage or disfigurement of property by graffiti or the purchase or
possession of materials with the intent to use the materials for graffiti.

7. The purchase or possession of tobacco.

8. Any city, town or political subdivision ordinance.

9. Interference with judicial proceedings involving disobeying or resisting the
lawful order, process or other mandate of a juvenile hearing officer or failure to appear
related to any offense in this section.

C. A hearing before the juvenile hearing officer or a hearing before a commissioner
or a judge of the juvenile court in which the juvenile is charged with any offense set
forth in this section may be conducted on an exact legible copy of a written notice to
appear, including a uniform Arizona traffic ticket and complaint form, that states, at a
minimum, the name and address of the juvenile, the offense charged and the time and place
the juvenile shall appear in court.

D. The juvenile hearing officer, commissioner or judge of the superior court shall
not dispose of a petition or citation for any offense under this section unless the
parent, guardian or custodian of the juvenile appears in court with the juvenile at the
time of disposition of the charge. On a showing of good cause that the parent, guardian
or custodian cannot appear on the date and time set by the court, the court may waive the
requirement that the parent, guardian or custodian appear. The court shall state on the
record the reasons for waiving the requirement that the parent, guardian or custodian
appear. At the time the court issues an order to appear or other order pursuant to this
section, the court shall inform the juvenile that failure to appear or failure to comply
with an order will result in suspension of the juvenile's driver license or privilege to
drive. If the juvenile fails to appear pursuant to a citation or an order to appear
properly issued under this section or if on disposition fails to comply with any court
order, the juvenile hearing officer shall order the department of transportation to
suspend the juvenile's driver license or privilege to drive or shall direct the
department of transportation to refuse to issue, renew or restore the juvenile's driver
license or privilege to drive until the juvenile reaches eighteen years of age or appears
in court as directed or complies with the court's order.

E. If a parent, guardian or custodian fails to appear with the juvenile, and good
cause for the failure to appear is not found as provided in subsection D of this section,
the court shall issue an order to show cause to the parent, guardian or custodian as to
why that person shall not be held in contempt.

F. Except as otherwise provided by law, on an admission by the juvenile of a
violation charged pursuant to this section, or after a hearing, on the finding that the
juvenile committed the violation, the juvenile hearing officer, commissioner or judge of
the superior court may do one or more of the following:

1. Place the juvenile on probation, except that a city magistrate or justice of the
peace may only place the juvenile on unsupervised probation.

2. Transfer the citation to the juvenile court for all further proceedings.

3. Suspend the driving privileges of the juvenile, or restrict the juvenile's
driving privileges for a period of not to exceed one hundred eighty days.

4. Order the juvenile to attend a traffic school or a counseling or education
program approved by the presiding judge of the juvenile court or the supreme court.

5. Order the juvenile to pay the monetary assessment or penalty that is applicable
to the offense. Except as provided in section 8-341, subsection S, the monetary
assessment or penalty shall not exceed five hundred dollars plus lawful surcharges and
assessments payable to the public agency processing the violation. If no monetary
assessment or penalty is specified for the offense, the juvenile hearing officer,
commissioner or judge of the superior court may order the juvenile to pay not more than
one hundred fifty dollars plus lawful surcharges and assessments payable to the public
agency processing the violation.

6. In lieu of or in addition to a monetary assessment or penalty, order the
juvenile to perform a program of work that does not conflict with the juvenile's regular
schooling and employment, to repair the victim's property or to provide community
restitution.

7. If the juvenile hearing officer, commissioner or judge of the superior court
determines that the person charged is eighteen or more years of age, transfer the matter
to the appropriate criminal court having jurisdiction.

8. If the juvenile violated any truancy laws, require the juvenile and the
juvenile's parents or guardians to participate in a specialized program consisting of
counseling, supervision and education under the terms and conditions the juvenile hearing
officer, commissioner or judge of the superior court orders.

9. Order the juvenile and one or both of the juvenile's custodial parents to pay
restitution to any person who suffered an economic loss as the result of the juvenile's
conduct. The juvenile hearing officer, commissioner or judge of the superior court shall
not consider the ability of the juvenile's parents to pay restitution before making a
restitution order. If the juvenile hearing officer, commissioner or judge of the superior
court orders one or both of the juvenile's custodial parents to pay restitution, the
amount of the order shall not exceed the liability limit established pursuant to section
12-661.

10. Impose sanctions authorized by section 8-343.

11. Reprimand the juvenile and take no further action.

G. A record of the proceedings before a juvenile hearing officer may be made by a
court reporter, videotape or audiotape or any other method approved by the supreme court
that accurately reproduces what occurred at the proceeding.

H. Within five days after receiving the citation, the juvenile hearing officer
shall notify the juvenile court that the juvenile has been charged with an offense by
citation and shall indicate the listed charges. The juvenile hearing officer shall
retain jurisdiction of the case until all orders made under this section have been fully
complied with. Within five days after disposition, the juvenile hearing officer shall
transmit a copy of the citation with the findings and disposition of the court noted on
the copy to the juvenile court for record keeping purposes. If appropriate, the juvenile
hearing officer shall transmit a copy of the citation to the department of
transportation. If on disposition the juvenile fails to comply with any court order, the
juvenile hearing officer, in the manner provided by subsection D of this section, may
impose any of the sanctions prescribed in subsection F of this section.

I. Subject to an appeal pursuant to section 8-325 all orders of the juvenile
hearing officer shall be effective immediately.

J. A city or town attorney or prosecutor shall act on behalf of the state in
matters that are heard in a municipal court by a juvenile hearing officer pursuant to
this section. In these matters and on approval of the county attorney, with notice to the
presiding judge of the juvenile court, the city or town attorney or the prosecutor may
establish diversion programs for offenses other than offenses involving either:

1. A violation of section 28-1381, 28-1382 or 28-1383.

2. The purchase, possession or consumption of spirituous liquor or misdemeanor
violations under title 13, chapter 34 if the juvenile has previously participated in a
diversion program established pursuant to this subsection at least two times within
twenty-four months before the date of the commission of the current offense.