Regular Board of Supervisors Meeting

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Action 16.

Court Administration

Meeting Date:	05/04/2021
Court Co-Location Agreement between Cochise County and Douglas
Submitted By:	Susana Stark, County Attorney
Department:	County Attorney
Presentation:	No A/V Presentation	Recommendation:	Approve
Document Signatures:	BOS Signature Required	# of ORIGINALS Submitted for Signature:	0
NAME of PRESENTER:	Kris Carlson	TITLE of PRESENTER:	Deputy County Attorney
Docket Number (If applicable):
Mandated Function?:	Local Mandate or Policy	Source of Mandate or Basis for Support?:

Information

Agenda Item Text:

Approve Intergovernmental Agreement (IGA) for Court Co-Location and Operations between Cochise County, City of Douglas, Cochise County Superior Court and Douglas Justice Court #2, effective retroactively to July 1, 2020 through June 30, 2022, with automatic one-year renewals.

Background:

For many years, the Douglas Justice Court has provided municipal court services to the City of Douglas (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 Douglas 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 Douglas as the city magistrate. The compensation of the city magistrate shall be the sole responsibility of the City.

For FY2020-2021, in consideration for courtroom access for its magistrate and for operational services, the City will pay the County $36,400. Thereafter, 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 they return it, it would then need to be sent to Justice of the Peace Vildosola for signature. When she returns it, it should be sent to County Attorney Brian McIntyre for signature.

Attachments
Court Co-Location IGA-Douglas