House panel endorses bill to give process servers legal protection

With BC-CNS-Process Servers-Box

By ANDREA WILSON
Cronkite News Service

PHOENIX (Thursday, March 5) _ The House Judiciary Committee endorsed a bill Thursday that would give process servers the same legal protection from physical assault as police officers.

HB 2313, sponsored by Rep. Adam Driggs, R-Phoenix, would classify violence against process servers as aggravated assault rather than simple assault.

Supporters said process servers need the extra protection as they deliver court papers conveying often unwelcome news on matters such as divorce, bankruptcy and foreclosure.

“As part of their job, process servers frequently face potentially dangerous situations,” said John Moody, a lobbyist for the Arizona Process Servers Association. “Nobody likes a process server who is attempting to serve them.”

In addition to making violence against process servers aggravated assault, the bill would stipulate that servers wouldn’t be trespassing when attempting to serve someone on their property.

The bill, which now heads to House floor by way of the Rules Committee, would add process servers a list of protected jobs that also includes firefighters and teachers. Last year, lawmakers approved legislation giving the same protection to constables, elected officials with duties similar to process servers.

“The bill would protect process servers as officers of the court,” Moody said. “They perform the same duties as constables and sheriffs. They should get the same protection.”

Moody said that the only opposition the bill has received concerns a phrase that would grant process servers the same “rights and privileges” as peace officers. But he said it isn’t intended to expand the authority given to process servers.

The Arizona Peace Officer Standards and Training Board registered as opposed to the bill, but deputy director Lyle Mann said his group would support it if Driggs deals with the language on rights and privileges.

“We felt the verbiage is problematic. It is undefined and could have various meanings,” Mann said.

Both Moody and Mann said they would work with Driggs on the bill’s language before it goes to the floor.

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Web Links:
_ Arizona Process Servers Association: www.arizonaprocessservers.org
_ AZ Peace Officer Standards and Training Board: www.azpost.state.az.us