SECOND ANNUAL
STATE OF THE JUDICIARY ADDRESS

The Honorable Charles E. Jones
Chief Justice
January 30, 2002

State of the Judiciary
Chief Justice Charles E. Jones
January 30, 2002
Introduction
Mr. Speaker, Mr. President, Honorable Members
of the Legislature, fellow justices, other members of the judiciary and distinguished guests, I
am honored to appear before you on behalf of
the Arizona Supreme Court. I appear both as a
judicial officer, and in my administrative responsibility to oversee the third branch of government of the state of Arizona.

help from this body, many excellent objectives
were accomplished. They include:
The construction of safe, secure juvenile
detention facilities in 14 of our 15 counties;
Technological advancements in our judicial
system bringing greater efficiency to our
courts;

In one sense, I am surprised to be here. I was
appointed to the supreme court six years ago, but
because of age, having spent many years in the
private sector, I took no thought of the chief justiceship. Nor have I aspired to the office during
my years of tenure. My desire at the time was
simply to serve as a member of the state judiciary during my remaining professional years.

Our model court program, successful
statewide in keeping dependent and neglected children from languishing for unduly long
periods in foster care;
The re-engineering of criminal case processing with funds the legislature appropriated
through our “Fill The Gap” project to provide swift, fair justice to criminal defendants, victims of crime, and taxpayers; and

Interestingly, it did not occur to me that I might
serve in this office in a time of war or during a
record-breaking state budget deficit. By contrast,
Justice Zlaket has pointed out that while he was
chief justice, the economy was robust, the state
treasury enjoyed a surplus, and the world was at
peace. Surely, timing is everything!

Improvements to the attorney discipline
oversight system, streamlining and shortening by months the process for the disposition
of discipline cases.
Justice Zlaket’s impact on the administration of
justice in Arizona will be felt for years and for
generations to come.

Past Accomplishments
At this moment of reorganization of the court, it
is appropriate that we acknowledge the accomplishments achieved during Justice Zlaket’s term
as chief. During his tenure and certainly with

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My Background
Like some among you, I am not a native
Arizonan, but I have deep roots in this great
state. My paternal grandparents came from the
southeastern United States and settled in Prescott
during the era of Reconstruction following the
Civil War. My father was born in Prescott and
received his schooling in that pioneer community during the latter part of the 19th century.

lected. Revenue collected by the courts for the
benefit of general and special funds at state,
county, and municipal levels increased by more
than 7%, while case filings decreased by point
four percent (-.4%). I am particularly gratified
that restitution payments collected by the courts
for the victims of crime increased a dramatic
14.2%.

Many years later, following completion of my
formal education and graduation from law
school, I determined to accept employment in
Arizona, having been offered a position with a
Phoenix law firm. That was almost 40 years ago.
For my wife, Ann, it was a homecoming as she
was born and raised in the Gila Valley, more particularly, in the town of Safford. We have raised
all of our children here. They are now grown,
settled, educated, and, most fortunately, all are
currently employed.

Probation/Public Safety
We operate in more than 300 locations statewide
with 9,000 people working in our courts and probation offices. Last year, more than 60,000
adults with felony records and more than 10,000
juveniles were under court-supervised probation
in this state. After budget reductions imposed in
the recent special session, I have become
increasingly concerned that we may no longer be
able to provide adequate levels of probation
supervision in the interest of public safety. We
want to work with you to ensure the proper level
of funding for these services. The judicial
department’s total state budget amounts to 2.3%
of the general fund budget of the state. However,
that small percentage, 2.3%, is important to
ensure viability of the public responsibilities delegated to us.

I am indeed proud of our wonderful state of
Arizona and remain committed to its future.
Thus, I, and my colleagues, along with the
Administrative Office of the Courts, will focus
our efforts on improving the judicial branch of
government to ensure that our state has a
dependable system of justice, not only today, but
for generations to come.

Case and Revenue Data
The courts form an integral part of our system of
government simply because controversies
requiring resolution inevitably arise. Courts neither create nor seek these disputes, but it is our
constitutional duty to resolve them when they
are brought before us.
Last year, more than 2.4 million cases were filed
in Arizona courts, and more than $200 million in
fines, fees, and restitution payments were col2

Justice for a Better Arizona
A Strategic Agenda
incidentally, which have not been materially
altered since 1912.

As chief justice, I have adopted an agenda consisting of five strategic initiatives. Some reflect a
continuation of worthy efforts started earlier, but
still in need of careful attention. Others will
reflect a new flavor. They are:

We are anxious to streamline case management
in these courts. We want them to focus on processing PEOPLE, NOT PAPER. Several reforms
are in the making to accomplish these ends and
we enlist your support.

First, Protecting Children, Families, and
Communities;

Advancing Technology

Second, Providing Access to Swift, Fair
Justice;

On another front, automation of court record
keeping is also vital. Investigations following
the terrorist attacks of September 11 have
demonstrated the absolute need to complete the
roll-out of technology by which judicial information systems are linked with other parts of
government. The experience of 9/11 demonstrated painfully that information needs to be available to the right people, at the right time, both in
the state and federal sectors. In our limited information systems that now exist, we searched our
electronic database after 9/11, at the request of
FBI investigators, and actually found records on
individuals suspected by federal law enforcement agencies to be terrorists who had lived in
our state and had violated our laws while here.
We have made strides, but our overall goal is still
in its infancy.

Third, Connecting with the Community;
Fourth, Being Accountable; and,
Fifth, Bringing about needed improvements
in certain vital areas of the Legal Profession.

Focus for 2002
JP Enhancement
Ninety-five percent (95%) of the cases filed in
Arizona are addressed by our courts of limited
jurisdiction. These are trial courts consisting of
justices of the peace and municipal magistrates.
Such courts affect thousands of citizens each
day, and in them we have many dedicated and
competent judges.

Tomorrow we will launch an addition to our web
site, complete with the ability to search for information literally on millions of Arizona court
cases. In future years, if we can obtain the funding, all courts will have their information available online.

Occasionally, we read of judicial misconduct,
and recognize that while all cases involving misconduct are not unique to limited jurisdiction
courts, we have seen too many in recent months
and years that are. This session, we will work
with Senators Jarrett and Smith and
Representative Gary Pierce on legislation introduced to improve qualifications and training for
the office of Justice of the Peace––qualifications,

Last year, Justice Zlaket promised we would create a multi-purpose data warehouse which,
among other things, would make orders of pro3

tection available to law enforcement agencies 24
hours a day. We have launched the first phase of
that system on schedule, and we have received a
federal grant to assist with the next phase.

But, even if courts were to find a better way, I
hasten to state that the judicial branch is not
equipped and cannot provide a complete solution
to serious social and other problems related to
the family. We can undertake to do our part and
share some of the duties, but in the end, the
courts are best geared to the resolution of legal
issues and are thus constitutionally proscribed
from addressing the broad social issues.

These technological advancements have been
paid for in substantial part by the users of our
justice system. We need your support to ensure
that the databases continue to be maintained by
the people who use the system. That is why we
are asking this legislature to consider legislation
that would provide a modest increase in some
user fees.

We believe, however, that improved methods by
which to address family law issues can and
should play a role in breaking cycles of violence
and providing families with an unbiased venue
for the resolution of family controversy. Thus, in
our superior courts, we are now beginning the
process of re-examining family-related issues,
and in some counties, integrated family courts,
designed to provide greater consistency in the
resolution of these issues, are being established.

How the judicial branch is funded is, of course,
a policy decision for the legislature. It is, therefore, a matter for this body to determine whether
the information systems being developed to promote public safety will be funded, and if so,
whether funding should come through fees
charged to the users, or from taxpayers through
the state general fund. Representative Voss has a
bill that will allow you to express a choice on
that issue, and we look forward to working with
her on this important piece of legislation.

We anticipate working with Representative
Johnson, Representative Hershberger, Senator
Hartley, and Senator Peterson, all of whom lead
the child support enforcement and domestic relations reform committee.

Family Court Reform
On a most critical matter, we have also indicated
the need for reform in our domestic relations
courts. It is there, most of all, that we observe
human distress and anguish over such vital
issues as dissolution of marriage, child custody,
and domestic violence. Familial relationships,
parental rights, even lives are sometimes at
stake. Thus, we are conducting an evaluation of
better ways to address domestic issues, particularly as they affect children.
We seem to have discovered that our traditional
adversary process, in use in the courts of the
English-speaking world for centuries, may not
provide the best approach by which to resolve
emotion-packed family issues.
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Before leaving the subject of the family, may I
digress just a moment. It is my personal belief
that we will not unburden the courts and will not
find success in this area until parents who habitually neglect the needs of children begin taking
responsibility by nurturing and motivating them
at every step along the way. If society cannot
accomplish that objective, I believe the problems
will simply multiply rather than diminish.

and technology, and the demands businesses face
competing in world markets, have prompted the
creation of a Complex Litigation Task Force
consisting of business lawyers, trial judges and
public members. Senator Cirillo has agreed to
serve on this committee and offer his experience
and insight.
I have charged the task force with reviewing the
pros and cons of creating a complex civil litigation division in our superior court and to report
back to the Arizona Judicial Council this summer. Numerous other states have established
such courts, generally with favorable results.

Fiduciaries
Addressing another important subject, this body,
three years ago, passed legislation requiring the
Administrative Office of the Courts to license
and supervise fiduciaries who are appointed by
the courts to oversee the assets of some of our
most vulnerable citizens, both the young and the
elderly. While most fiduciaries perform well,
unfortunately some do not. We have now documented literally several millions of dollars some
fiduciaries have embezzled from the children
and the aging seniors for whom they have
responsibility. We simply cannot allow this to
continue.

Challenges Ahead
Whether we achieve the objectives outlined
today, will be determined in large measure by the
willingness of the Legislature, given current
budget constraints, to help us get the job done.
What is clear to us is that funding provided by
this body will have a direct impact on the quality of justice available to the people of Arizona.

We have taken steps available to us to remedy
the problem, but we need your help. Our problem, in large measure, is our inability, due to lack
of resources, to provide for the auditing of
records. This session Senator Richardson and
Representative Voss will propose legislation that
will make available the additional tools necessary to help protect these vulnerable citizens. We
ask that you look carefully at this legislation as it
is badly needed.

Complex Litigation Task Force
On another subject, we live in an economy that
conducts business rapidly in a complex world.
We must, therefore, have an effective system for
handling complex litigation that arises with
increasing frequency. Advancements in science
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Working Together For A
Better Arizona
exercise only the power of judgment. We are
called upon simply to resolve controversy, to
give meaning to the law, calling on the best of
our abilities to provide justice, equity, and balance among all the competing interests. To do so,
we depend on the trust and confidence of the
people––the same people that gave us our
Constitution, and the same people that today,
offer sustaining hope for the perpetuation of our
inspired form of government. The judicial power
is vital because, inevitably, the resolution of controversy among citizens, or between the government and the people, or even between competing
departments of government requires independent
application of the rule of law.

As I conclude, I reflect on our national history. A
new nation came together more than two centuries ago, the result of blood, toil and sacrifice.
A determined people embarked on a noble
experiment in government, in their own words,
“to form a more perfect union.” Most had withdrawn from European homelands by reason of
religious persecution, absolute monarchies
where there was no rule of law, and human deprivation stemming from forms of totalitarian
government. They sought something better, a
form of government that would encourage the
expression of human liberty and recognize
human dignity.
Thus, on these shores, they established a form of
limited government with checks and balances to
ensure that within the new republic, no one individual and no single branch or agency of government could wield an excessive concentration
of power.

Those who led this grand experiment in human
liberty established a nation of laws which have
guided us through a revolution, a civil war, the
dark days of two world wars, Korea, Vietnam,
depressions, even assassinations. They have preserved democracy when threatened by military
or terrorist attack. Our great institutions have
spread from one coast to the other. We have been
to the moon and returned safely.

Yet, while each branch of government is independent, each depends on the others to function
within constitutionally assigned spheres. The
legislature establishes public policy and controls
the treasury. The executive implements the policy and enforces the law. These branches, legislative and executive, exercise the political power
of government.

And as a state, we will survive the challenge now
facing us because we will face it together. While
we may not agree on all issues, we shall join
together as Arizonans, as Americans before us
have joined, to surmount the challenge and to
achieve today’s important objectives on behalf
of this remarkable state in which we live.

The judicial role is vastly different. Courts were
never intended to exercise political power. We

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