Opinion
Administrative Order No. 2008-06
January 23, 2008.
On November 18, 1998, by Administrative Order No. 98-66, the Supreme Court adopted Policies on Orders of Protection and Injunctions Against Harassment in Domestic Violence Cases (replacing the Policies Regarding Protective Orders in Domestic Violence Cases adopted by Administrative Order No. 96-37) and authorized inclusion of the Policies in the Benchbook for Orders of Protection and Injunctions Against Harassment in Domestic Violence Cases.
By Order dated September 5, 2007, the Supreme Court adopted the Arizona Rules of Protective Order Procedure and established an effective date of January 1, 2008. The protective order rules incorporate the Policies set forth in Administrative Order No. 98-66, except Policy No. 14. Policy No. 14 requires judicial officers who issue Orders of Protection and Injunctions Against Harassment, and clerks and court personnel who assist them, to regularly attend training on such orders and injunctions.
This education and training requirement is well placed in the Arizona Code of Judicial Administration § 1-302: Education and Training as a technical change since no policy change is thereby made.
Pursuant to the Arizona Code of Judicial Administration § 1-201(E), the chief justice may adopt emergency administrative code proposals and technical changes in existing code sections by administrative order without prior distribution for comment and action by the Arizona Judicial Council.
Now, therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,
IT IS ORDERED that Arizona Code of Judicial Administration § 1-302 is amended as indicated on the attached document. All other provisions of § 1-302, as originally adopted, remain unchanged and in effect.
ARIZONA CODE OF JUDICIAL ADMINISTRATION Part 1: Judicial Branch Administration Chapter 3: Judicial Officers and Employees Section 1-302: Education and Training [Added text is shown underlined , deleted text byA. through I. [no changes]
J. Requirements for Judges.
1. Educational requirements.
a. Judges shall participate in orientation as applicable to their positions and jurisdiction.
b. Judges shall complete a minimum of sixteen hours of approved course work each year, including ethics training and attendance at an annual judicial conference designated by the supreme court. A judge may be excused from the conference only if a written request is approved by the chief justice. Judges who issue Orders of Protection and Injunctions Against Harassment shall attend training on such orders and injunctions on a regular basis.
2. through 9. [no changes]K. Standards for Administrators, Clerks and Court Personnel.
1. Program requirements. Administrators, clerks and court personnel shall, at minimum, complete orientation within 90 days of hire and complete sixteen hours of approved course work each year, including ethics and core curricula training.
2. Core curricula requirements. The court has identified the following areas of education as essential to effective performance of duties in the court system: the Arizona court system, including current or local issues; and working and communicating effectively with others. An overview of these areas is required as part of orientation with the first 90 days of employment. In addition, at least one course in each area is required every other year. These areas of education may have programs bearing different titles. Clerks or staff that assist judges with Orders of Protection and Injunctions Against Harassment shall attend training on such orders and injunctions on a regular basis.
3. through 7. [no changes]
L. through N. [no changes]