Action 12.
Regular Board of Supervisors Meeting
Court Administration
- Meeting Date:
- 06/08/2021
- Title:
- Court Co-Location Agreement between Cochise County and Benson
- Submitted By:
- Tim Mattix, Board of Supervisors
- Department:
- Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
Sharon Gilman
TITLE
of PRESENTER:
of PRESENTER:
Associate County Administrator
Docket Number (If applicable):
Mandated Function?:
Local Mandate or Policy
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve Intergovernmental Agreement (IGA) for Court Co-Location and Operations between Cochise County, City of Benson, Cochise County Superior Court and Benson Justice Court #3, effective retroactively to July 1, 2020 through June 30, 2022, with automatic one-year renewals.
Background:
For many years, the Benson Justice Court has provided municipal court services to the City of Benson (City) by operating a consolidated court through IGAs to do so. Recently, parties to that court consolidation IGA determined to change that model. Under this proposed Court Co-Location IGA, the Benson Justice Court would continue to handle and process all misdemeanor, traffic offenses and other cases that arise within City jurisdiction, except that it will no longer be responsible for cases arising from the violation of the City's Code of Ordinances, e.g. animal control cases. Instead, the IGA provides that the City will appoint a magistrate to handle those cases. By approving the IGA, the City Council appoints that Justice of the Peace for the City of Benson as the city magistrate. The compensation of the city magistrate shall be the sole responsibility of the City.
Starting with FY2021-2022, the City will pay the County an amount determined according to a cost model that is attached as Exhibit A to the IGA.
Starting with FY2021-2022, the City will pay the County an amount determined according to a cost model that is attached as Exhibit A to the IGA.
Department's Next Steps (if approved):
Implement the changes called for in the IGA.
Impact of NOT Approving/Alternatives:
The County would not have a written agreement in place and the City would have to establish a municipal court and facility for it to handle magistrate cases.
To BOS Staff: Document Disposition/Follow-Up:
Send the IGA to Presiding Superior Court Judge Tim Dickerson for signature, with a cc to Court Administrator John Schow. When he returns it, it should be sent to County Attorney Brian McIntyre for signature.