Opinion
Administrative Order No. 2009-35
April 1, 2009.
Pursuant to the Constitution of Arizona, Article VI, the Supreme Court has administrative supervision over all courts of the state through its Administrative Office of the Courts (AOC).
At the request of the Presiding Judge of the Superior Court in Gila County, the AOC conducted a limited operational and financial assessment, March 11-13, 2009, of the Globe Regional Court comprised of the Globe Consolidated Justice Court, Globe Magistrate Court, and the Miami Magistrate Court. The results of the assessment revealed numerous case processing inefficiencies causing significant delays in, among other things, issuing warrants, imposing civil traffic default judgments, setting trials and hearings, and entering citations into the case management system. Additionally, the county attorney filed Motions to Dismiss in 178 cases due to violations of Rule 8, ARCrP.
The financial management portion of the review identified multiple instances of noncompliance with Minimum Accounting Standards required by ACJA § 1-401 such as poor reconciliation practices, improper receipting (including over-reliance on manual receipts), improper disbursement practices and improper disposition of outstanding bonds and checks.
The findings of this limited operational and financial assessment are consistent with similar case management and financial findings documented as the result of an AOC operational review completed in 2004. Further, in February 2008, upon learning of case processing deficiencies in the court as reported by the county attorney, the Presiding Superior Court Judge directed Judge Nolan to establish an action plan that would ensure timely disposition of cases. Again, the findings of the March 2009 review are consistent with the issues as reported by the county attorney in 2008.
Now, therefore, pursuant to Article VI, Section 3, of the Arizona Constitution,
IT IS ORDERED that administrative control and oversight of day-to-day operations of the Globe Regional Court shall be assumed by the Presiding Superior Court Judge in Gila County. Administrative control includes control of all court and financial records which shall be maintained on the premises of each court.
IT IS FURTHER ORDERED that until further notice, Judge Patty Nolan is reassigned to perform only such duties as authorized by the Presiding Superior Court Judge in Gila County.
IT IS FURTHER ORDERED that the Presiding Judge of the Superior Court in Gila County will ensure the continued operation of the Globe Consolidated Justice Court, Globe Magistrate Court, and Miami Magistrate Court, by appointing a judge pro tem and/or utilizing other judicial and administrative resources. Any expenses incurred as a result of this order shall be paid proportionately by the county and the cities of Globe and Miami.
Dated this 1st day of April, 2009.