A.R.S. 12-285, 12-286
Refusal of clerk to disburse fine or forfeiture; classification (12-285)
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.
Investment of deposits; definition (12-286)
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 the federal savings and loan insurance corporation. Deposits in excess of the insured amount shall be secured by the depository as prescribed in section 35-323.
B. Interest earned on investments made pursuant to this section shall be deposited in the county general fund.
C. The clerk of the superior court shall establish an accounting system for all monies received in trust which are invested in interest bearing savings accounts or certificates of deposits pursuant to this section.
D. If the county has established a county attorney victim compensation fund pursuant to section 11-538, on the fifteenth day of each month the clerk of the superior court shall transmit seventy-five per cent of the interest earned on restitution monies that are received in trust as prescribed by subsection F, paragraph 4 of this section and that accumulated in the previous month and seventy-five per cent of the interest earned on juvenile restitution monies that are received in trust as prescribed by subsection F, paragraph 5 of this section and that accumulated in the previous month to the county treasurer for deposit in the county attorney victim compensation fund.
E. If the county has established a clerk of the superior court victim location fund pursuant to section 12-287, on the fifteenth day of each month the clerk of the superior court shall transmit twenty-five per cent of the interest earned on restitution monies that are received in trust as prescribed by subsection F, paragraph 4 of this section and that accumulated in the previous month and twenty-five per cent of the interest earned on juvenile restitution monies that are received in trust as prescribed by subsection F, paragraph 5 of this section and that accumulated in the previous month to the county treasurer for deposit in the clerk of the superior court victim location fund.
F. In this section, "monies received in trust" means monies received in a fiduciary capacity by the clerk including all of the following:
1. Civil trust monies.
2. Dissolution sale of proceeds monies.
3. Probate and guardianship trust monies.
4. Criminal bonds and restitution.
5. Juvenile restitution.
6. Habeas corpus trust monies.
7. Mental incompetent trust monies.
8. Adoption trust monies.
9. Condemnation bonds.
10. Support monies.
Phoenix Arizona Personal Injury Lawyers
Phoenix Premises Liability Attorney Arizona
Negligencia medica Abogado Phoenix Arizona
A.R.S. 12-287
Clerk of the superior court victim location fund; exemption from lapsing
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 shall administer the fund.
B. The clerk of the superior court shall use monies in the fund to either:
1. Locate victims of crime whose restitution monies are being held by the clerk of the superior court.
2. Notify the county treasurer in writing to transfer monies from the fund to the county attorney victim compensation fund.
C. The clerk of the superior court shall annually submit to the board of supervisors the fund balance and the amount of revenues that the clerk projects will be available in the fund for the next fiscal year.
D. Monies in the fund shall be used to supplement, not supplant, monies that would otherwise be allocated to the clerk for the purpose of locating victims of crime.
E. Any monies in the fund remaining unexpended and unencumbered at the end of the fiscal year do not revert to the county general fund.
Phoenix DUI and DWI Lawyer Arizona
A.R.S. 12-288
Removal of debts from accounting system
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 to a collection agency licensed pursuant to title 32, chapter 9 and waits at least one year while the agency attempts collection.
3. Reports the debt to a credit bureau.
4. Notifies the department of revenue of the debt pursuant to section 42-1122.
5. Sends to the administrator of the funds or account prescribed in section 12-284.03 a written report of all of the debts proposed to be removed from the clerk's accounting system. The clerk shall send the report by certified mail. The report shall include all of the following:
(a) The amount of the debt and the date it was incurred.
(b) The name of the debtor.
(c) The reason for proposing the removal.
6. Waits thirty days from the date the clerk sends the report pursuant to paragraph 5 of this section and does not receive an objection from the administrator of the funds or account prescribed in section 12-284.03.
Phoenix Family Law and Divorce Attorney
Phoenix Auto Accident Attorneys
Phoenix Injury and Accident Lawyers
A.R.S. 12-289
Spousal maintenance enforcement enhancement fund; surcharge
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 supervisors and in coordination with the presiding judge, the clerk shall spend monies in the fund to enhance enforcement of spousal maintenance orders.
B. In addition to the fees required by section 12-284, subsection A, the clerk shall charge and collect a surcharge of five dollars for each filing of a petition or an answer for annulment, dissolution of marriage or legal separation. The clerk shall use this surcharge only for the purposes prescribed in this section.
Phoenix lesiones personales abogados
Phoenix Arizona accidente abogado
Phoenix Divorce Attorney, Arizona Lawyer
Phoenix Suspended License Attorney