On January 11, 2023, the Arizona Supreme Court ordered the Yuma Superior Court Presiding Judge David M. Haws to take administrative control and oversight of the day-to-day operations of the San Luis Municipal Court due to the resignation of the city's magistrate.

Alicia Zermeño has been performing the duties of an on-call, as-needed, temporary municipal magistrate upon the contract of the City Council and Administrative Order of Judge Haws, which he issued on January 23, 2023.

On July 18, 2023, Judge Haws appointed Jerry G. Landau as an on-call, as-needed, temporary municipal magistrate. As is the rule for all temporary magistrates, the city must pay the costs.

Side Note: In the orders, the term "assistant" magistrate is used for municipal court temporary magistrates because the term "pro tem" or "pro tempore" judge is not used in the Arizona statutes for temporary magistrates in municipal court.

Under the San Luis City Code §§ 2.30.200 and 2.30.210, the City Council has the power to appoint magistrates and assistant magistrates who serve in the absence of a magistrate.

Experience of Jerry G. Landau
Jerry G. Landau was admitted to practice law by the Arizona State Bar in 1975. He worked as a Deputy Maricopa County Attorney and rose to prominence as a prosecutor. After retiring in 2004, he began as a legislative liaison for the Arizona Supreme Court, Administrative Office of the Court ("AOC"), as the Director of Government Affairs. He is still affiliated with the AOC as a Special Projects Consultant. The Court-appointment to the San Luis Municipal Court is one of the projects. He was recently appointed to Page Justice Court and Maricopa County Courts for temporary judicial assignments.

Recommendation for Terms of Employment
On July 11, 2023, Mr. Landau met with City staff, the Superior Court Administrator Kathy Schaben, and the Presiding Judge Haws. Mr. Landau then went out of the country. The city staff had a phone conversation this week with Mr. Landau. He needs to clear up personal and professional matters. However, he will start laying the groundwork starting July 31 through remote communications. He anticipates being present in San Luis on or about August 19. Based on communications with the Superior Court Administrator and Mr. Landau, the staff recommends hiring Mr. Landau as a part-time, temporary regular employee at the rate of $79.18 per hour for 28 hours per week. Mr. Landau anticipates driving from his home in the Phoenix area once weekly, staying in accommodations near the San Luis Municipal Court four (4) nights per week, and returning home to the Phoenix area. The staff recommends his contract compensate him at the Federal General Services Administration (GSA) rate for mileage and lodging. The Court system requires payment at the GSA rate, for mileage and lodging will be approximately $847.06 per week. The commute to and from the hotel to the San Luis Municipal Court will be treated as an employment commute and will not be compensated separately from his hourly pay. Due to clarifying these terms this very week, the staff asks that City Council direct the staff to create such a contract and authorize the Acting City Manager to execute it.

I MOVE TO:

• HIRE JERRY G. LANDAU AS A PART-TIME, TEMPORARY EMPLOYEE AS AN ASSISTANT MAGISTRATE NOT TO EXCEED 28 HOURS PER WEEK;
• DIRECT STAFF TO CREATE A CONTRACT WITH THE TERMS PRESENTED FOR HIS EMPLOYMENT; AND
• AUTHORIZE THE ACTING CITY MANAGER TO SIGN THE CONTRACT.