Justice Courts, City / Municipal Courts & Superior Courts in Arizona

Justice Courts in Arizona:

Information about the Justice Court System in Arizona

Each county in Arizona has at least one Justice Court. The number of Justice Courts that are located in each county depends on its population size. For instance, Maricopa County has 26 Justice Courts. Justice Courts are courts of limited jurisdiction, which means that they do not handle every type of offense. They are presided over by a justice of the peace who is elected every four years. The Justice Courts have jurisdiction to hear the following types of cases:

• Criminal and civil traffic offenses
• Misdemeanor offenses
• Initial appearances for felony charges
• Preliminary hearings for felonies

Misdemeanors that may be handled by the Justice Courts include those that carry punishments of less than six months in jail or by fines of less than $2,500.

Some examples of the types of misdemeanors that may be heard in a Justice Court include the following:

• DUI and Vehicular Crimes
• Shoplifting
• Protection order violations
• Misdemeanor assault
• Check fraud
• Civil traffic violations
• Criminal traffic violations

If a Justice Court finds probable cause that a felony has been committed following a preliminary hearing, the person who has been charged will be bound over for further proceedings in the Superior Court.

City Courts / Municipal Courts in Arizona:

Information about City / Municipal Courts in Arizona

The terms City Courts and Municipal Courts are used interchangeably to refer to courts that have been established by the different cities in Arizona. City Courts are courts with limited jurisdiction and are inferior courts to the Superior Courts. When a person appeals from a judgment in a City Court, the Superior Court may handle the appeal. City Courts handle traffic violations, violations of local ordinances, and misdemeanors. They have jurisdiction to hear the following types of cases:

• Misdemeanors committed within the city’s limits
• DUIs, reckless driving, and hit-and-run accidents when no injuries occurred
• Petty offenses
• Shared jurisdiction with the Justice Courts when offenses were committed within the city’s limits

Municipal courts also handle civil traffic violations. The judges in city courts are called magistrates. The magistrates are appointed by City Councils and may or may not be attorneys. For example, a rural county might appoint a magistrate that is not an attorney.

Superior Courts in Arizona:

Arizona Superior Court Information

Superior Courts in Arizona have general jurisdiction over a broad variety of criminal matters and DUI cases. The Superior Courts are state-wide trial courts with multiple locations across the state. Under Article VI Sect. 14 of the Arizona Constitution, the Superior Courts have general jurisdiction to handle many different types of cases, including felony offenses and misdemeanors. Some examples of felony cases that might be heard in Superior Court include the following:

• Violent crimes such as homicides, armed robbery, and others
• Felony assaults
• Sex crimes
• Felony theft
• Vehicular manslaughter
• Aggravated DUI  involving serious injuries or deaths
• Car thefts

Most of the criminal cases that are heard in Superior Courts are felony offenses. However, these courts do hear some misdemeanor cases.

Article VI of the Arizona Constitution provides the superior jurisdiction over the following types of criminal cases:

• Exclusive jurisdiction over most felonies except when the jurisdiction has been assigned to a different court
• Shared jurisdiction over misdemeanors with the Justice Courts when the penalty does not exceed six months of jail or a fine of $2,500
• Cases for which other courts do not have jurisdiction
• Misdemeanors that have not been provided for by the law and criminal cases in which the conduct amounts to a felony

Superior Courts that have multiple divisions will also have a special juvenile court that will handle all of the criminal matters involving minors. The Juvenile Court will be discussed further below.

Juvenile Courts in Arizona:

• Maricopa County Superior (Juvenile) Court- Durango
• Maricopa County Superior (Juvenile) Court – Southeast

Under Article IV, Part 2, Section 22 of the Arizona Constitution, juvenile courts have been established to handle cases involving juveniles who have committed a variety of different types of offenses. However, the constitution states that juveniles who are ages 15 or older and who are accused of murder, armed robbery, forcible sexual assaults, and other violent crimes will be prosecuted as adults instead of as juveniles. In addition, juveniles who are ages 15 or older and who are deemed to be chronic felony offenders will also be prosecuted as adults.

Juvenile courts handle cases involving minors who are considered to be delinquent or incorrigible. Under A.R.S. § 8-201, a minor who is incorrigible is a person who is younger than age 18 who has been adjudicated as a runaway, as a truant, and who is beyond his or her parent’s control. A minor who is delinquent is someone who has been adjudicated for an offense that would have amounted to a criminal misdemeanor or felony if it had been committed by an adult.

The juvenile courts proceed differently than the adult trial courts, and they enforce the juvenile laws. The juvenile laws can be found in Title 8 of the Arizona Revised Statutes. The juvenile courts also have their own rules of procedure, which can be found here.

Under A.R.S. § 13-501, a county prosecutor must charge a minor as an adult when he or she is 15 or older and has been charged with the following types of offenses:

• First degree murder
• Second degree murder
• Sexual assault
• Armed robbery
• Other violent felonies
• Felonies when the juvenile is considered to be a chronic felony offender

When a juvenile is 14, the county prosecutor may choose to charge him or her as an adult when the minor is accused of committing the following types of offenses:

• Class 1 or 2 felonies
• Certain Class 3 felonies
• Class 3, 4, 5, or 6 dangerous felonies
• Any felony offense when the juvenile is considered to be a chronic felony offender

When the county prosecutor files the charges against a juvenile who is considered to be a chronic felony offender, he or she must also file a notice with the court. The juvenile’s lawyer may then file a motion with the court for a hearing to determine whether he or she is a chronic offender or if his or her case should instead remain in the juvenile court.

If the court finds at the hearing that the juvenile is not a chronic felony offender, his or her case will go through the juvenile court. If the court finds that the juvenile is a chronic felony offender, his or her case will proceed through the adult criminal court. If convicted, a juvenile who is prosecuted in the adult criminal court will face the same penalties as adults who are convicted of similar felony offenses.

If the prosecuting attorney wants to try other juveniles in adult criminal court, the prosecutor will have to file a motion to transfer the case. The court will then hold a hearing to determine whether the seriousness of the offense warrants the transfer in order to protect the public and whether probable cause to proceed exists. It is very important for the families of juveniles who have received notice of the county attorney’s intent to prosecute them in adult criminal court to get help from an experienced criminal defense lawyer.