Looking to get better acquainted with Arizona’s court system? This guide will help you understand how the courts are organized as well as their specific functions.
What are the different levels of courts?
Level 1 – Limited Jurisdiction
Justice of the peace courts and municipal (or city) courts have limited jurisdiction, meaning that their authority is restricted to certain cases. The cases these courts decide may be limited by the subject, the amount of money involved, or the sentence that can be imposed.
Level 2 – General Jurisdiction
The general jurisdiction court is the Superior Court of Arizona, a statewide trial court. This court hears the widest variety of cases. Each county has at least one superior court facility, and it is referred to by its county location—for example, the Superior Court in Maricopa County.
Level 3 – Appellate Jurisdiction
The Court of Appeals and the Supreme Court are Arizona’s appellate courts. The state appellate courts have jurisdiction to review trials and decisions appealed to them. The two divisions of the Court of Appeals hear most of the appeals that come from the superior court, except for death penalty appeals and some cases involving elected officials and disputes between counties, which go directly to the Supreme Court.
What are the different types of courts?
Municipal Court
Many incorporated cities or towns have a municipal court, also known as a city court or a magistrate court. Municipal courts have criminal jurisdiction over misdemeanor crimes and petty offenses committed in their city or town. They share jurisdiction with justice courts over violations of state law committed within their city or town limits.
Municipal court judges hear misdemeanor criminal traffic cases such as driving under the influence of alcohol, hit-and-run, and reckless driving where no serious injuries occur. They hear civil traffic cases, violations of city ordinances and codes, and issue Orders of Protection and injunctions prohibiting harassment. They can also issue search warrants. They do not hear civil lawsuits between citizens.
Justice Courts
Justice courts hear traffic cases and certain criminal and civil cases, including domestic violence and harassment cases. They can issue search warrants. Their civil jurisdiction is limited to cases involving claims of $10,000 or less. Justice courts share jurisdiction with the superior court in cases of landlord/tenant disputes where damages are between $5,000 and $10,000. They can hear matters regarding possession of, but not title to, real property. Disputes involving amounts greater than $10,000 must be filed in the superior court.
When conducting preliminary hearings on felonies, justice court judges may require defendants to answer criminal charges in superior court. They also may dismiss charges if there is no probable cause to believe the defendant is guilty.
Justice courts have criminal jurisdiction over:
• Petty offenses and misdemeanors.
• Assault or battery — less serious offenses not committed on a public officer while performing his or her duties.
• Breaches of peace and committing a willful injury to property.
• Misdemeanors and criminal offenses punishable by fines, not more than $2,500, imprisonment in a county jail not to exceed six months, or both fine and imprisonment.
• Felonies to issue warrants and conduct preliminary hearings.
The Superior Court
The superior court is the state’s general jurisdiction court. It is a single entity with one or more locations in each county. Each county has at least one superior court judge. In counties with more than one superior court judge, the judges operate in numbered divisions.
Article VI § 14 of the Arizona Constitution provides the superior court with jurisdiction over:
• Cases and proceedings in which exclusive jurisdiction is not vested by law in another court.
• Equity cases that involve title to or possession of real property or the legality of any tax, assessment, toll, or municipal ordinance.
• Other cases in which the value of property in question is $1,000 or more, exclusive of interest and costs.
• Criminal cases amounting to a felony and misdemeanor cases not otherwise provided for by law.
• Forcible entry and detainer actions (evictions of renters).
• Proceedings in insolvency (but not bankruptcy, which is handled in federal court).
• Actions to prevent or stop nuisances.
• Matters of probate (wills and estates).
• Dissolution or annulment of marriages (divorces).
• Naturalization and the issuance of appropriate documents for these events.
• Special cases and proceedings not otherwise provided for and such other jurisdiction as may be provided by law.
