Regular Board of Supervisors Meeting


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  Action   17.       
Court Administration  
Meeting Date: 05/04/2021  
Court Co-Location Agreement between Cochise County and Willcox
Submitted By: Susana Stark, County Attorney
Department: County Attorney  
Presentation: No A/V Presentation
Recommendation: Approve
Document Signatures: BOS Signature Required
Submitted for Signature:
Kris Carlson TITLE
Deputy County Attorney
Docket Number (If applicable):
Mandated Function?: Local Mandate or Policy
Source of Mandate
or Basis for Support?:

Agenda Item Text:
Approve Intergovernmental Agreement (IGA) for Court Co-Location and Operations between Cochise County, City of Willcox, Cochise County Superior Court and Willcox Justice Court #4, effective retroactively to July 1, 2020 through June 30, 2022, with automatic one-year renewals.
For many years, the Willcox Justice Court has provided municipal court services to the City of Willcox (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 Willcox 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 Willcox 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 $72,986.  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 County Attorney Brian McIntyre for signature.

Court Co-Location IGA - Willcox


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