7.A.
City Council Meeting - FINAL
- Meeting Date:
- 07/16/2013
- From:
- Don Jacobson, Court Administrator
Information
TITLE:
Consideration of Appointments: Magistrates and Presiding Magistrate for the Flagstaff Municipal Court.
RECOMMENDED ACTION:
Approve the appointments of Michael Araujo as Magistrate, Charlotte Beyal as Magistrate and Thomas L. Chotena as Presiding Magistrate, with all compensation increases and benefits to be the same as other City employees.
Policy Decision or Reason for Action:
Appointment of all magistrates is required to be completed by Flagstaff City Council for a two year term under both the City Charter and FCC SECTION 1-15-001-0002(A).
Appointment of judges for the Municipal Court allows for ongoing operations of the court without interruption. Magistrates hear cases stemming from criminal misdemeanor, civil traffic and local code violations occurring within the Flagstaff City Limits.
Financial Impact:
Funding for judicial positions is included in the approved court budget.
Connection to Council Goal:
Effective governance
Improving public safety by providing uninterrupted coverage of cases required to be heard at the Flagstaff Municipal Court. This supports the roles of law enforcement and prosecutors in the effective oversight of safety to the public.
Improving public safety by providing uninterrupted coverage of cases required to be heard at the Flagstaff Municipal Court. This supports the roles of law enforcement and prosecutors in the effective oversight of safety to the public.
Has There Been Previous Council Decision on This:
All magistrate candidates have been appointed by previous City Councils and have been serving in the Municipal Court for between twelve and twenty-two years.
Options and Alternatives:
Approve the appointments.
Don’t approve the appointments and request additional candidates for Council consideration.
Don’t approve the appointment for a Magistrate and request additional candidates to consider.
Don’t approve the appointments and request additional candidates for Council consideration.
Don’t approve the appointment for a Magistrate and request additional candidates to consider.
Background/History:
Magistrates hear criminal, civil and traffic matters that are filed in the Flagstaff Municipal Court. They conduct trials, both jury and non-jury, and sentence individuals within the parameters set by law. Magistrates are required for the ongoing operational needs of the Municipal Court and must be appointed by the City Council under City Charter and FCC SECTION 1-15-001-0002(A).
The Presiding Magistrate not only has the same responsibilities and duties of the other Magistrates within the court, but also is responsible for the operation of the court. Under Arizona Supreme Court Administrative Order 2005-32 the Presiding Magistrate works with the Court Administrator to administer justice and provide a safe, fair and efficient environment for the resolution of conflicts.
Magistrates are critical to the criminal and civil processes of the judicial branch.
The Presiding Magistrate not only has the same responsibilities and duties of the other Magistrates within the court, but also is responsible for the operation of the court. Under Arizona Supreme Court Administrative Order 2005-32 the Presiding Magistrate works with the Court Administrator to administer justice and provide a safe, fair and efficient environment for the resolution of conflicts.
Magistrates are critical to the criminal and civil processes of the judicial branch.
Key Considerations:
These appointments help maintain an independent judiciary that is necessary for the ongoing operations of all government entities. A strong, independent and fair judicial branch adds balance to criminal and civil matters that occur within an open and free society.
Community Benefits and Considerations:
Approving these appointments allows the court to not only maintain fairness in managing its caseload, but also supports the appearance of fairness to the public.
Community Involvement:
Inform
Expanded Options and Alternatives:
Should the City Council decide not to appoint one or more of the candidates then a recruitment process would need to be initiated and additional judicial coverage would have to be provided by existing judges.
Attachments
No file(s) attached.