A.R.S. 12-282
Custody of records filed; purging; destruction; microphotography; electronic imaging; evidence; withdrawal of voucher; exemption; child support information
A. The clerk shall keep custody at the county seat, and shall take charge of and safely keep and dispose of according to court rules all books, papers and records which may be filed or deposited in custody.
B. The clerk may destroy all documents, records, instruments, books, papers, depositions, exhibits and transcripts in any action or proceeding in the superior court, or otherwise filed or deposited in custody pursuant to rules established by the supreme court.
C. The clerk shall notify the director of the Arizona state library, archives and public records of records designated for destruction and shall provide these records to the director pursuant to court rules.
D. A photographic or electronic reproduction or image of any of the records described in this section, which has been certified by the clerk in charge of such reproduction or imaging as being an exact replica of the original, shall be received in evidence in all courts, and in hearings before any officer, board or commission having jurisdiction or authority to conduct such hearings, in like manner as the original. A state or local agency shall accept any of the records under this subsection as a registration of a record or a procedure if the agency receives the record from the clerk of the superior court through electronic transmission and the electronically reproduced document states that the copy received is a full, true and correct copy of the original on file with the clerk of the court.
E. The clerk may produce an abstract of marriage in lieu of a reproduction of the recorded marriage license. An abstract of marriage shall include the name of the bride at the time of the marriage, the name of the groom, the date of the marriage and the date on which the marriage license was recorded.
F. Any voucher filed in support of an account by a trustee, a personal representative or any litigant may be withdrawn if a certified copy is retained on file. Pursuant to court rules the clerk may destroy the voucher or, if requested to do so, may deliver the voucher to the trustee, personal representative or litigant. No notification is necessary prior to destruction of such vouchers.
G. Records destroyed pursuant to section 8-343 are exempt from this section.
H. Beginning on October 1, 1998, the clerk shall provide information on both parents and each child in a child support case to the child support case registry established pursuant to section 46-442. The information shall be in a format prescribed by the department of economic security and shall include the following:
1. The full name of each parent and child.
2. The social security number or any other uniform identification numbers of each parent and child.
3. The date of birth of each parent and child.
4. Any case identification number.
5. Any other information required by the United States secretary of health and human services.
I. The clerk shall provide the information required in subsection H of this section for child support cases with a support order established, modified or registered in this state on or after October 1, 1998. The clerk shall provide the information to the child support case registry established pursuant to section 46-442 within ten days after the order is entered or the information is updated. The information shall be provided by electronic, magnetic or other means as prescribed by the department of economic security.
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A.R.S. 12-283
Powers and duties
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 books of record required by law or rule of court.
B. The clerk may provide a consumer reporting agency as defined in section 44-1691 with a copy of:
1. A court order obligating a person to pay child support or spousal maintenance.
2. An order for assignment under section 25-323 or 25-504.
C. A clerk who provides the information in subsection B of this section to a consumer reporting agency shall also provide the information to the child support enforcement administration in the department of economic security.
D. The clerk, in accordance with procedures established by the board of supervisors, may appoint deputies, clerks and assistants necessary to conduct the affairs of the office of the clerk. The appointments shall be in writing and shall be filed in the office of the county recorder. The clerk shall be the appointing authority and shall administer and supervise all employees of the clerk's office.
E. The clerk shall submit an annual budget request, which shall be coordinated with the presiding judge, to the county board of supervisors. The clerk shall be responsible for the funds appropriated by the board to the clerk.
F. The clerk shall maintain and provide access to court records in accordance with applicable law or rule of court. The clerk shall keep a docket in the form and style as prescribed by the supreme court.
G. The clerk is responsible for the operations of the clerk's office.
H. The clerk may provide programs to assist in the enforcement of child support, spousal maintenance and parenting time and in the establishment and modification of child support.
I. From and after December 31, 2007, a clerk in a county with a population of two million persons or more shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law. At a minimum, the information shall be arranged or searchable by the case name, number and the name of the judge or commissioner.
J. Beginning on January 1, 2010, the clerk in a county with a population of less than two million persons shall compile and publish electronically all superior court criminal case minute entries, except as otherwise prohibited by law. At a minimum, the information shall be arranged or searchable by the case name, number and the name of the judge or commissioner.
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A.R.S. 12-284.01
Document storage and retrieval conversion fund; purpose
A. A document 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. Except as provided in section 12-284.02, the clerk of the superior court shall administer the fund. The clerk, in coordination with the presiding judge, shall expend monies in the fund, subject to approval by the county board of supervisors, in order to defray the cost of converting and maintaining the clerk's document storage and retrieval system to micrographics or computer automation. The monies collected pursuant to section 12-284.02, subsection B shall be used to improve access to court records.
C. In addition to the filing or appearance fee charged pursuant to chapter 3, article 2 of this title or section 12-1705, the presiding judge of the superior court may assess each person required to pay a filing or appearance fee under such article or sections an additional fee of not to exceed fifteen dollars. All monies received from the additional fee pursuant to this subsection shall be transmitted to the county treasurer and placed in the document storage and retrieval conversion fund for the clerk of the superior court.
D. The clerk shall annually submit to the presiding judge the amount of projected revenues to be raised for the document storage and retrieval conversion fund pursuant to this section. If projected revenues of the fund are deemed insufficient to pay for conversion costs, fund monies may accumulate until sufficient monies are available in the fund.
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A.R.S. 12-284.02
Electronic filing and access; fee
A. The presiding judge of the superior court may provide for the electronic filing of documents and electronic access to superior court records, pursuant to rules adopted by the supreme court.
B. The presiding judge may impose a fee of not more than one hundred dollars per year for an annual on-line access subscription plus a fee of not more than two dollars per minute for on-line access to superior court records. The clerk of the court shall collect the fees and transmit them to the county treasurer who shall account for them separately and deposit them in the document storage and retrieval conversion fund established by section 12-284.01. The clerk of the court shall spend monies deposited in the fund pursuant to this section to improve access to superior court records, in coordination with the presiding judge of the superior court and the board of supervisors.
C. All filings that are made electronically pursuant to this section are subject to the fees established pursuant to section 12-284.
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