Article 5-5
MAGISTRATE COURT FEES

Sections:

5-5-1 Fees

5-5-1 Fees

A.  FEES: The Oro Valley Magistrate Court is authorized to impose the following fees and allocate charges to the parties who have caused the charges to be incurred.

1.   Default Judgment Fee: The Court shall order the payment of a $50.00 fee by each defendant who fails to appear on a civil traffic violation filed in the Court or fails to pay the civil sanction as ordered, unless the default is set pursuant to the Rules of Procedure in Civil Traffic Violation Cases.

2.   Warrant Administrative Fee: The Court shall order the payment of a fee of $65.00 by each defendant for whom the Court enters an arrest warrant for failure to appear, or for failure to pay any fine, restitution, or other Court imposed fee or obligation, or failure to comply with any other Court order. This fee shall be added to any amounts owed by the defendant.

3.   Order to Show Cause Fee: The Court shall order the payment of a fee of $65.00 by any defendant for whom the court issues an Order to Show Cause to enforce any Court order.

4.   NSF Check Fee: The Court shall order the payment of a fee of $25.00 by any person paying the Court with a check that is dishonored by a financial institution for insufficient funds. This fee will be in addition to any fees imposed on the Court by the bank or financial institution for processing the dishonored check or financial instrument.

5.   Probation Monitoring Fee: The Court shall order the payment of a fee of $30.00 per month by all defendants who are placed on monitored probation. The fee shall be paid to and collected by the probation monitor. The probation monitor in his/her discretion may waive or reduce the fee. The fee may be terminated if the probation becomes unsupervised.

6.   Collection Fees: A defendant who fails to fulfill his/her obligation to pay to the Court any fines, sanctions, restitution, surcharges, assessments, jail costs, court appointed attorneys fees, shall be liable for any fees and/or costs associated with the collection of those obligations to the Court, including, but not limited to, any fees and charges of a collection agency licensed pursuant to Chapter 9, Article 2 of Title 32 of the Arizona Revised Statutes, that may be retained by the Town to collect those monies, and any attorney’s fees incurred by the Town or its agents in its efforts to collect unpaid amounts.

7.   Jail Cost Fee: The Court may, pursuant to Arizona Revised Statutes, Section 28-1444, as a part of a sentence imposed by the Court order a person sentenced to serve time in jail to reimburse the Town of Oro Valley for all or part of the actual cost of his/her incarceration incurred by the Town as a result of that incarceration at the daily rates charged to the Town by the jail.

8.   Debt Setoff Fee: A fee of $9.00 shall be assessed to each defendant when the defendant’s case is entered into the Debt Setoff System.

9.   Diversion Monitoring Fee: Each defendant who is allowed to enter a diversion program or deferred prosecution agreement, will be charged a $25.00 fee to cover the added cost of monitoring his/her compliance with the diversion program or agreement. This shall not apply to those entering the Defensive Driving School or the Suspended Driver License Diversion Program.

10.  Community Service Monitoring Fee: Each defendant allowed to complete community service in lieu of paying any fine, fee or surcharge shall be charged a fee of $5.00 to cover part of the cost of monitoring his or her progress on completing the community service.

B.  Waiver of Fees: A Judge or Hearing Officer may waive part or all of any fee imposed by this Article if the Court finds the defendant is indigent, it would cause a hardship on the defendant or his/her family, or if the Judge or Hearing Officer is of the opinion such waiver would be in the interests of justice.

C.  Collection of Fees: In addition to any other remedies, which may be allowed by law, the Town Attorney is authorized to institute any appropriate civil suit in a court of competent jurisdiction for recovery of the fee(s) referred to in this Article.

11.  Repealed by Ord. (O)07-17.

12.  Reserved.

13.  Jury Cancellation Fee: The Magistrate Court may, in its discretion, order payment of a $200 Jury Cancellation Fee by a person (as defined in Town Code, Article 1-3) who cancels or whose conduct results in the cancellation of a jury trial after the jury pool has been summoned if the Court determines that the cancellation was reasonably avoidable.

((O)07-17, Amended, 03/21/2007; 06-08, Amended, 05/03/2006; 05-47, Amended, 12/21/2005; 03-05, Added, 02/19/2003)