|
The latest proposed changes appear to turn Administrative Order (A.O.) No. 2023-227 and ACJA §7-204 on its head and are concerning to APSA. We see in the latest proposal a series of changes where in many instances there is no need for change. In some instances, proposed changes appear to diminish the value and due process rights of process servers in the state.
There is only one proposed change [ACJA §7-204(L)(4)(n)] to which APSA approves without objection.
APSA and the state’s process servers have already seen a reduction in other process server course offerings available. APSA believes if the proposed changes are enacted, no positive results will come from reducing the minimum mandated continuing education hours or other related educational changes. Some providers may exit the market, completely.
A ripple effect of harm to not only the desired professionalism of the process server, but to the knowledge base by which process servers operate and the public depends is projected. The courts and public will feel the adverse effects of having less educated process servers.
Some of the proposed changes appear to affect the process server's due process rights. In disciplinary matters, process servers are already at a disadvantage. The process server faces an uphill battle in these administrative hearings which start with a presumption of guilt, rather than innocence. These proposed changes do not make that a better situation.
APSA examined the approved list of process server education to determine the degree of accuracy and viability of pre-approved continuing education providers and classes. He results were disappointing. They are captioned in our comment letter.
Excepting the changes proposed in ACJA §7-204(L)(4)(n), the Arizona Process Servers Association, as a continuing education provider and association representing many of Arizona’s process servers, objects or remains concerned as to several of the changes proposed, and urges the AJC to not approve the CLD’s requested changes at this time.
Respectfully submitted,
Arizona Process Servers Association
/S/
Barry R. Goldman
Administrator, Secretary/Treasurer
Larry J. Ratcliff, President
John Osborn, Vice President
Barry R. Goldman, Administrator, Secretary/Treasurer
Ronald R. Ezell, Immed. Past Pres.
Susie Baldwin (Director #1)
Kay Dean (Director #2)
Gregory Scott Hardy (Director #3)
Nathan Botsch (Director #4)
Matthew Uthe (Director #5)
Tracy Arnold (Director #6)
|