Legislature raises court fees - some by 44 percent
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Increases in common Pima County Superior Court filing fees
• Complaint or petition for a lawsuit: From $115 to $166 (44 percent increase), total with surcharges from $185 to $236 (27 percent increase)
• Answer a complaint or petition: From $61 to $88 (44 percent increase), total with surcharges from $131 to $158 (21 percent increase)
• Petition to change your name: From $115 to $166 (44 percent increase), total with surcharges from $185 to $166 (30 percent increase)
• Filing for divorce, annulment or legal separation: From $91 to $131 (44 percent increase), total with surcharges from $216 to $256 (18 percent increase)
• Responding to divorce, annulment or legal separation filing: From $46 to $66 (43 percent increase), total with surcharges from $171 to $191 (12 percent increase)
• Applying for informal probate or informal appointment: From $91 to $131 (44 percent increase), total with surcharges from $146 to $186 (27 percent increase)
• Marriage license: From $50 to $72 (44 percent increase)
• Certified copy of marriage license: $18 to $26 (44 percent increase)
• Notary services: From $5 to $7 (40 percent increase)
Increases in common Pima County Consolidated Justice Court filing fees
• Civil complaint: From $45 to $65 (44 percent increase), total including surcharge from $50 to $70 (40 percent increase)
• Answering a complaint: From $24 to $35 (46 percent increase)
• Small claims complaint: From $16 to $23 (30 percent increase)
• Answering small claims complaint: From $9 to $13 (44 percent increase)
• Certified documents, subpoenas, research in locating a document: From $17 to $24 (41 percent increase)
• Eviction: From $21 to $30 (43 percent increase), total including surcharge from $26 to $35 (35 percent increase)
• Responding to eviction: From $11 to $16 (45 percent increase)
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The Arizona Legislature added a last-minute provision to the state budget bill that raises common court filing fees - from marriage licenses to evictions - many as much as 44 percent.
"People who use the court system should be the ones who pay for it," said Cari Gerchick, communications director for the Arizona Supreme Court.
"The Legislature and the Governor's Office asked the courts as a branch to come up with ideas, knowing that we would be needing to make cuts," Gerchick explained.
"This was an idea to replenish (the court's budget), as well as emphasize that people who use the courts are those who should pay for part of the operation."
Pima County Superior Court Clerk Patricia Noland said the fees will be a hardship to many.
"The Supreme Court is out of touch with reality," Noland said. "People are having a hard enough time getting work, feeding their family and keeping their homes without trying to balance the budget on the backs of the people who use the court.
"It's such a disservice and an obstacle to those that have to use the courts," Noland said.
The increased fees in Superior Court and Pima County Consolidated Justice Court will take effect 90 days from the Legislature's June 27 adjournment.
The marriage license that Tucsonans David Bogle, 28, and Cecilia Wyckoff, 26, got for $50 on June 18 will cost engaged couples $72 in late September, a 44 percent increase.
"It's a good thing we got this now," Bogle said.
"I think it's wrong to raise the prices," Wyckoff said. "People are already having enough trouble."
The cost of filing a lawsuit in Superior Court will increase 44, percent from $115 to $166. If you add local surcharges, the cost will increase 27 percent, from $185 to $236.
The cost of filing a complaint in Justice Court will increase 44 percent, from $45 to $65, with the cost including surcharges increasing 40 percent, from $50 to $70.
"The fees have not increased since 1993," Gerchick said. "The 44 percent represents the cost of inflation since that time."
The new law allows the Supreme Court's administrative arm to enact future increases, but never above the consumer price index.
"But most of the funds do not come back to court to help us operate," Noland said.
In Pima County, 18 percent of the fees go into the state coffers for the judicial collection enhancement fund, about 2.4 percent to the state for the alternative dispute resolution fund, almost 24 percent to the elected officials' retirement plan and more than 47 percent into the county general fund.
A little more than 8 cents of each dollar is kept by the courts.
"Maybe all the judges should take pay cuts rather than take their retirement fund out of our pockets," Wyckoff said. "I'm sure they're making enough to drive a Mercedes."
Noland said she recognizes that fees haven't increased in years, but said the new prices are too steep.
"People could absorb increases along the consumer price index, but this is a bad year to ask for such drastic increases," Noland said.
Ms. Gerchik's remark that people who use the court system should be required to support it financially is fine on its face. But the surcharges are now a major part of the fee structure in superior court and justice court, and this fee revenue is diverted, as Patti Noland points out.
Why pay them in the first place? If they had the money to get elected they don't need the money now.