HE ENCH The Arizona Superior Court in Pima County is the second largest court in the state. The bench comprises 28 full-time judges who are nominated for office by the Pima County Commission on Trial Court Appointments and appointed by the governor. Each judge appointed through this process stands for retention in office during a general election and serves a four-year term. The court also has three full-time judges pro tempore, one parttime commissioner and 16 full-time commissioners who are appointed by the presiding judge of the court through a local merit selection process. Judges are assigned on a rotating basis to one of five benches or departments: criminal, civil, probate, family law and juvenile. Each bench is administrated by a presiding judge. Generally, judges maintain their assignment for two to five years. Each of the court’s judges is assigned a judicial administrative assistant, and a bailiff or law clerk. All retained judges have assigned court reporters while commissioners utilize court reporters from a court reporter pool. The clerk of the superior court provides each judicial division with a courtroom clerk who keeps the official record of proceedings and preserves exhibits and other evidence. HE RESIDING UDGE The presiding judge of the superior court is appointed by the Arizona Supreme Court and serves a five-year term. The presiding judge has responsibility for the administration of the superior court, as well as the Pima County Consolidated Justice Court, Ajo Justice Court, Green Valley Justice Court, Sahuarita Municipal Court, Oro Valley Municipal Court, South Tucson Municipal Court and Tucson City Court. The presiding judge appoints other judges to serve as the associate presiding judge and as bench presiding judges. A bench presiding judge is assigned to each department of the court – called “benches” to oversee judicial activities. Benches are based on case types: criminal, civil, family law, probate and juvenile. RESIDING UDGE RANSITION The Honorable Gordon Alley, Div. 23, the presiding judge for superior court, passed away the night of Nov. 27, 2001, at a local hospice facility. Judge Alley’s death was the conclusion of a two-year battle against cancer. Judge Alley would have completed three years of his Hon. Gordon five-year term at the end of 2001. Hon. Kenneth Lee Alley Upon the death of Judge Alley, The Honorable Kenneth Lee, Div. 3, the associate presiding judge for superior court, assumed the role of acting presiding judge pending the chief justice’s appointment of a new presiding judge. Toward the end of January 2002, Chief Justice Jones appointed The Honorable John Leonardo, Div. 10, as presiding judge for superior court. Judge Leonardo, a nine-year veteran of the court, was serving on the juvenile bench at the time of his appointment as presiding judge. He asked Hon. John Leonardo Judge Lee to remain a part of the court’s management structure as the associate presiding judge. In September 2001, The Honorable Jan Kearney was appointed to Division 9 by Governor Jane Dee Hull, replacing The Honorable Michael Brown who retired from the bench. Her initial assignment was to the family law bench. Hon. Jan Kearney Judge Kearney had previously served as an assistant U.S. Attorney specializing as Border Liaison and Southwest Border Coordinator. She also had served as chief of the criminal division of the U.S. Attorney’s Office in Tucson. In February 2002, Governor Hull appointed The Honorable Carmine Cornelio to Division 23 to fill the vacancy left by the death of The Honorable Gordon Alley. His initial service at superior court Hon. Carmine Cornelio was on the civil bench. Judge Cornelio came to the bench from private practice where he specialized in real estate and insurance litigation. He also practiced in the area of alternate dispute resolution as a mediator or arbitrator. Also in February 2002, the U.S. Senate gave its approval to the presidential nomination of The Honorable Cindy Jorgenson to a seat on the U.S. District Court for the District of Arizona. Judge Jorgenson Hon. Cindy Jorgenson had served on the superior court bench since April 1996. During her tenure she served on the criminal and family law bench. In 2001, she was appointed presiding judge of the family law bench. The Honorable John Quigley, a 17-year veteran of the superior court bench, announced his retirement in April 2002. During his tenure, Judge Quigley served three years on the civil bench and three years on the family law bench. He was presiding Hon. John Quigley judge of the family law bench from 1998 until his retirement. Prior to his appointment as a retained judge, he served as a judge pro-tem and commissioner. In June 2002, Governor Hull announced the appointment of two judges to fill the vacancies left by Judges Jorgenson and Quigley. Appointed to Division 25 was The Honorable Michael Miller. He began his assignment on the juvenile bench. Judge Miller came to the superior court from private practice where he specialHon. Michael Miller ized in product liability law, as well as insurance law and commercial litigation. In addition, Judge Miller served as a judge pro tem for the superior court presiding over civil, family law, juvenile and mental health cases. He also served as a hearing officer on attorney discipline matters for the State Bar of Arizona. Appointed to Division 5 was The Honorable Virginia Kelly. Her initial assignment was to the criminal bench. Judge Kelly had previously served as deputy chief of the U.S. Attorney’s Office in Tucson where she served Hon. Virginia Kelly in the appellate section focusing on criminal appeals. Prior to that, she served as a trial attorney prosecuting federal law cases including bankruptcy fraud, mail fraud, alien smuggling, kidnapping and border drug crimes. OURT URISDICTION The Arizona Superior Court in Pima County is a court of general jurisdiction serving the residents of Pima County. Pima County is the second largest county by population in Arizona with 843,746 residents counted in the 2000 Census. The court can hear almost any type of case except small claims, minor offenses and violations of city codes and ordinances. The superior court has jurisdiction in the following matters: ♦ Criminal felony and misdemeanor cases not otherwise provided by law. ♦ Civil cases involving sums of money in excess of $10,000. All civil cases where the amount in controversy does not exceed $50,000 are referred to compulsory arbitration. ♦ Forcible entry and detainer. ♦ Dissolutions of marriage, adoptions or other family-related matters. ♦ Probate matters. ♦ Appeals from limited jurisdiction courts throughout Pima County. The juvenile court, as established under state law, has jurisdiction over delinquent and incorrigible young people in Pima County. The bench also has jurisdiction over matters involving dependent children who are the victims of abuse, neglect or abandonment. The juvenile court is located at 2225 East Ajo Way and is staffed by over 500 employees. OURT ANAGEMENT EAM The Court Management Team meets on a bi-weekly basis to confer and collaborate on issues that impact the court as a whole and to develop policies and procedures designed to enhance operations. Members of the management team include the presiding judge, associate presiding judge, presiding judge of Pima County Juvenile Court, Clerk of the Superior Court, court administrator, deputy court administrator, chief probation officer and juvenile court director. OURT DMINISTRATION Under the direction of the presiding judge, the court administrator is responsible for the non-judicial operations of superior court. Court administration comprises departments including: financial services, human resources, training, facilities management, and information and technology services. The court administrator also oversees adult probation, calendar services, court interpreters, the court reporters’ pool, jury services, the law library, and pretrial services. The Financial Services Department is primarily responsible for developing and overseeing the court’s $35 million annual budget, while monitoring all expenditures and revenues relating to court operations and assisting departments in preparing and monitoring their budgets and assuring that each is in compliance with the minimum accounting standards provided by the Arizona Supreme Court. Human Resources manages all personnel activity for the court including: recruitment and selection of employees for all court divisions, payroll and benefits, and addresses issues concerning employee relations. In FY 2002, the department processed over 2,200 applications for 44 vacant positions. The Superior Court Training Unit coordinates classes for employees of the court, as well as for employees in the limited jurisdiction courts within the county and rural courts in Southern Arizona. The court hosts 10 classes per month and distributes bulletins with class descriptions on a monthly basis. In addition, staff assist with co-hosting classes with other courts and departments in Southern Arizona and offer specialized training for individualized needs. Facilities Management maintains all of the physical, spatial, and equipment needs of the court and ensures compliance with the Americans with Disabilities Act, the Office of Safety and Health Administration, and risk management procedures and policies. This year, the department coordinated several construction and renovation projects focused on improving court facilities. Court security, which oversees the safety of court employees, is also a responsibility of facilities management. total probationers were supervised throughout the year, with a monthly average of 4,094. A total of 1,100 probationers successfully completed their probation terms with 327 revocations. Officers collected $3,240,407 in restitution, fines and fees. Information Technology Services Division (ITSD) p r o vid es and m a i n t a i n s computer systems and applications in every judicial division and administrative department of the court. One of their primary responsibilities is to assist departments in acquiring or developing automated systems, which aid in managing cases, enhancing administrative operations and providing a calendar of court events. Intensive Probation Supervision, a statutorily mandated program, provided highly structured, control-oriented supervision to 1,023 probationers this year, with officers supervising an average of 604 per month with a total of 403 successfully completing the program. A total of $526,152 in court-ordered assessments were collected and 147,341 hours of community service were completed. The Research and Statistics unit works under the direction of the ITSD director. The unit produces management and statistical reports which are used for short and long range planning, evaluates existing and projected demands for services and collects, analyzes and reports caseload statistics. The Adult Probation Department has responsibility for the preparation of all presentence reports on adjudicated defendants, as well as for supervising those defendants who are sentenced to probation. Assessment center officers prepared over 3,500 presentence reports during FY 2002. The average time from plea to sentencing was reduced from 31 days to 26. The Field Supervision Services Division began the year supervising 3,714 probationers and ended the year with 4,149. However, 7,863 Interstate Compact Supervision, a mandated program, supervised 397 probationers from other states and 12 interstate compact cases were assumed from transfers from other Arizona counties. Calendar Services assignment for all cases. coordinates the production of the daily calendar, schedules judges pro-tem, data entry regarding cases and monitors the progress of pending cases. The court primarily utilizes an individual calendar The Conciliation Court provides a variety of services to residents of Pima County such as: mediation services mandated by the court for custody and time sharing disputes, conciliation counseling to assist parties considering divorce, child advocacy services, custody and parenting time evaluations, and community education services. In FY 2002, there were 1,100 mediation cases opened. Of all mediation sessions held 68 percent resulted in agreement by both parents on custody and/or parenting time. Court interpreters serve as impartial communicators for monolingual parties during court litigation. Interpreters provide assistance in all criminal cases, where requested, and not only serve in the superior court, but in the justice courts in Tucson, as well as Green Valley. Additionally, they are called upon to translate documents into English. Interpreters also provide services in civil and domestic cases if the party is representing themselves, or is represented by legal aid or the county attorney. Regardless of the type of case, American Sign Language interpreters are provided for parties and jurors who are hearing-impaired. Interpreters most frequently provide translation for Spanish and American Sign Language; however, per diem interpreters are available to the court to provide translation in other languages such as Vietnamese, Korean, Russian, Arabic, Farsi and Punjabi, to name a few. In FY 2002 the interpreters participated in over 6,900 cases held in superior and justice courts. The jury commissioner summons, qualifies and manages jurors for superior court, the consolidated justice court, city court and for county and state grand juries. In FY 2002, there were summons issued for 128,500 prospective jurors for jury and grand jury service. Jurors in Pima County serve for one day or one trial and are not asked to serve again for at least one year. If impaneled, county grand jurors serve two days per week for 120 days. State grand jurors serve three days per month for six months. The Law Library, mandated by statute, is open to all citizens in Pima County. Staff maintain a collection of over 35,000 volumes. Books, CD’s and other resource materials are partially funded through civil filing fees collected by the court. Borrowing privileges are restricted to judges, court personnel and licensed Pima County attorneys. In FY 2002, the library served over 11,000 patrons. Pretrial Services (PTS) staff are responsible for screening the suitability for re- lease of all persons arrested on felony or misdemeanor charges prior to or at the initial appearance hearing. Staff have the authority to release defendants charged with certain misdemeanor offenses; however, all persons arrested on felony charges must remain in custody until their initial appearance hearing. Pretrial service staff members make recommendations to judges for those defendants detained on felony or misdemeanor charges regarding conditions of release at initial appearance hearings. The court may release a defendant into the custody and supervision of PTS pending trial. Staff supervise the defendant’s compliance with court ordered conditions of release and ensure that each defendant appears for court hearings as required. During FY 2002, staff screened over 34,000 arrestees for release and supervised more than 2,800 defendants awaiting trial. Court reporters are responsible for taking a verbatim record of court proceedings and transcribing and certifying the proceeding as required by court rule or statute. Each retained judge in the superior court hires their own court reporter; however, a pool of reporters serves court commissioners and covers court hearings such as arraignments, grand jury proceedings, mental health hearings, orders of protection and preliminary hearings. A managing court reporter was hired in FY 2002 to oversee pool reporters and coordinate case assignments. The clinical liaison works very closely with the criminal bench judges coordinating competency evaluations for defendants who may not be competent to stand trial. If a defendant is found incompetent, the clinical liaison coordinates treatment for the defendant and serves as a liaison between the court and treatment facilities, the jail and the Department of Corrections. The Arizona Death Penalty Judicial Assistance Program provides consultation to trial judges during all stages of capital litigation. The program is funded by an Arizona Supreme Court grant and an in-kind match from superior court. The court’s budget for FY 2002 totaled just over $35 million. The court is supported with funds received from the following sources: Pima County, the State of Arizona, special revenue funds and grants. The chart below illustrates the level of funding from each of these sources. Since 1998, court appropriations have increased 26%. This growth is primarily the result of increased special revenue fund collections and the aggressive efforts of staff to obtain additional state and grant funds. This increase also reflects the successful efforts to acquire additional county funding to establish new judicial divisions warranted by population growth. The following table illustrates the increases that have occurred during this period for each funding source. Revenues comprise money collected on behalf of the court through filing fees and fees for specific services such as probation. Revenues are also obtained from intergovernmental agreements for the provision of services. Such activities include provision of jurors to Tucson City Court and the operation of the pretrial intake unit at the Pima County Jail. Expenditures are made from appropriations derived from Pima County general funds, special revenue funds, and grants. As can be seen from the following charts, since FY 1998 revenues have increased 16.4% and expenditures have increased 22.3%. Budgeted expenditures totaled $34,545,485 in FY 2002. These can be divided into four functional categories: 1) judicial services comprising judicial divisions, court support services (e.g., interpreters, medical professional services, calendar services, conciliation court, court reporter transcripts, and jury expenses), and the information technology services division; 2) administrative services which is primarily expenditures related to court administration; 3) adult probation; and 4) pretrial services. There was very little change in the overall caseload from FY01 to FY02. As depicted in the charts below, filings, dispositions and pending caseloads remained fairly constant. Although filings have increased in some case categories, overall filings have declined the last few years. FILINGS FY 02 Family law filings comprised 37% of the caseload; the majority of these filings being marriage dissolutions. Civil filings placed second, followed by criminal and probate filings. DISPOSITIONS FY 02 In looking at dispositions, the picture is pretty much the same. The family law and civil bench disposed of just as many filings as they took in while the criminal bench disposed of more cases and probate, too. PENDING FY 02 Probate cases make up the majority of the pending caseload. This is primarily a result of estates, trusts, guardianship and conservatorship cases that typically remain open a long time. Family law and criminal cases each had 13% share of the pending caseload, while civil comprised 15%. The biggest change in case filings occurred in the criminal case category. Filings declined 8% over last fiscal year. This may be an indication that crime was down or perhaps a result of policy changes in the county attorneys office. Burglary, robbery and drug cases compromise the majority of criminal filings. In FY 02, 78% of the cases were closed by plea and 10% were dismissed. The remaining 12% went to trial which is quite high compared to national trial statistics. Although civil filings had been on the decline the last few years, this fiscal year they increased 2%. This is consistent with national trends where litigation appears to be on the rise. Non-classified civil cases, such as forcible entry and detainer make-up the largest percentage of civil filings, followed by contract and tort motor vehicle filings. Family Law case filings decreased 4% over FY 01. Dissolution of marriage filings have been on the decline since 1995, but comprise 62% of the caseload. Paternity filings which are those matters involving unmarried couples make up 24% of the caseload. Probate cases primarily involve estates, trusts, guardianship and converatorship cases. Unlike other case types there are relatively few new cases filed and few cases disposed per year. Generally these cases may be pending for years and do not terminate until an individual dies or in the case of a guardianship, the minor turns 18 years of age AW AY ELEBRATION Superior court played host, May 3, 2001, to 24 students from the Business/Law Academy at Amphitheater High School as part of a law week program designed to inform and educate students about the court and the legal profession. This year’s theme for law day, “Assuring Equal Justice for All”, focused on efforts to make equal justice a reality for all citizens. The students and their instructors were OURTS RE S ROGRAM The Courts-Are-Us program provides financially disadvantaged teens with the opportunity to work in the court system and other legal agencies. The program was created by The Honorable Norman Fenton, a retired superior court judge, through the CourtsAre-Us Foundation. Judge Norman Fenton Last summer, the court provided positions for 29 teens who worked in the following departments: clerk of court, calendar services, jury services, pretrial services, adult probation and court administration. Each teen was supervised by a court employee and provided an attorney who served as a mentor throughout the program. OURTHOUSE As Hon. Patricia Escher looks on, students are shown the operation of Court Reporter Rita Borboa’s equipment welcomed to superior court by Associate Presiding Judge Kenneth Lee. The students were then divided into groups and taken to the courtrooms of Judge Patricia Escher, Judge Richard Nichols and Judge Frank Dawley to observe their 9 a.m. calendars. When the calendars of the judges allowed, they addressed the students and answered their questions. The students also were able to get a closer look at the job of court reporters and other courtroom staff. ALLERY The Courthouse Gallery was dedicated in December 1997 with a display of artwork provided by students from Flowing Wells High School. Since then, numerous high schools within the Tucson Unified School District have participated in Courthouse Gallery. Following their observance of morning calendars, Judge Leslie Miller fielded questions about what they had observed, as well as other questions regarding the court system. An entire wall on the first floor of the superior court building, the area dedicated for use by the clerk of the superior court, has been set-aside as a courthouse gallery. Thus, just about everyone entering the court’s building whether it is for jury duty or other business has an opportunity to observe the artwork of these talented young people. Finally, the students were presented with a program which featured topics related to assuming equal justice in the areas of court administration, jury service, court interpretation and the role of the legal defender. Artwork from local schools is on display for two months at the gallery and the students are honored with a certificate of recognition and a reception. They are also provided an opportunity to tour court facilities, observe judicial proceedings and ask questions of DULT ROBATION ONORED The Adult Probation Department’s Literacy, Education And Resource Network received the Frank X. Gordon Award, 2002 Adult LEARN Lab of the Year award from the state’s highest court. The Arizona Supreme Court’s Administrative Office of the Courts recognized the program’s educators during their annual conference held April 10, 2002. (left to right) Shannon Easterday, Lindell Rhodes, Debbie Tinajero, Susan Barlow, Kathi Thomas, Susan Enholm. The department’s program competed for the award with 40 labs throughout the state. Pima County’s program was selected for the award because of its high level of success documented through research and testimonials. Also considered was their innovative usage of education software, the formation of various community partnerships, creative funding approaches, and the tremendous support received from the superior court bench in Pima County. The community service unit of the Adult Probation Department was honored by the city of South Tucson, in March 2002, for its community service efforts. Probationers assist-ed elderly residents in the cleanup and maintenance of their properties. Since November 2000, more than 60 properties have been serviced, as well as numerous vacant lots, easements, alleyways and school grounds. ENOVATION ROJECTS FY 2002 brought long awaited construction and building improvements to the courthouse. Once only shell space, construction began on the third floor to build three new courtrooms and judges’ chambers. A new courtroom on the third floor . These courtrooms were near completion as the fiscal year came to a close. A new hearing room in the county administration building for the board of supervisors made way for the construction of a new jury assembly room. The room, complete with televisions, computers, working tables, and a lounge, has been well received by jurors. Construction also began on the second floor to create new hearing rooms for commissioners and provide for secured hallways to their chambers and staff offices. Offices will be built to accommodate staff from the Clerk of the Court as well as court files and evidence storage. APANESE URIST In the spring of 2002, Judge Hajime Shimada was a participant in an international judicial e x c h a n ge program designed to provide him with an opportunity to learn more about a whole range of situations that we take for granted in the American judicial system. ISITS Judge Hajime Shimada Hiroshima High Court Judge Shimada researched and studied the American judicial system, in particular the jury system and the role of the public defender in criminal cases. Upon his return to Japan he presented a report recommending the establishment of a jury system in his country. OMAN F HE EAR The man and woman of the year program was established in 1952 by the Tucson Advertising Club to honor individuals who have distinguished themselves through active support of community projects at personal sacrifice, for aiding those less fortunate, and for living Hon. Leslie Miller in a manner that inspires affection and respect. The Tucson Metropolitan Chamber of Commerce named Honorable Leslie Miller, Div. 7, as Tucson’s 2001 Woman of the Year for her dedication both professionally and personally to this community. As a member of the Pima County Superior Court bench, Judge Miller initiated the Pima County Drug Court for adults and the Courthouse Gallery. She serves on the boards of the Pima County Bar Association, the YMCA, Boys and Girls Clubs of Tucson, La Frontera Inc., and the Arizona Association of Drug Court Professionals. Judge Miller has also been involved in activ-ities such as the annual Mariachi Conference, Concert, and Garibaldi Festival that support the La Frontera Mental Health Clinic; the Sean Elliott Steak & Burger Dinner; and, the Boys and Girls Club Auction. OLUNTEER In 1999, the AWYERS WARD James E. Rogers College of Law at the University of Arizona and the V o l u n t e e r Lawyers Program (VLP) joined to form VLP Associates. The program is funded by the Pima County Bar Association, Pima County Superior Court and the Arizona Bar Foundation. Sixteen volunteer law students were given the opportunity to assist parties involved in family law matters. Under the supervision of a staff attorney, the students reviewed paperwork for persons seeking child support. They interviewed parties, reviewed and corrected child support calculations and made sure all documents were accurate and in order prior to the court hearing. This program has proved valuable to the court. Prior to this program parties would often appear in court with incomplete or inaccurate paperwork which resulted in delays and inefficiencies. The VLP expressed its appreciation to the family law bench at Superior Court for their part in funding the program. Judge Warner, presiding judge of the family law bench, and her predecessor, Judge Jorgenson were recognized by VLP for their efforts. ITLE ROGRAM Title IV-D enforcement at superior court faced major changes toward the end of the fiscal year. In March, the Pima County Attorney’s Office received permission from the Board of Supervisors to end its 26-year affiliation with the state’s child support enforcement program. The Arizona Attorney General’s office assumed those responsibilities in June. Another change was the inception of the Responsible Parent Program (“RPP”), a progressive collaboration between superior court and local agencies designed to assist parents to become better able to support their children. The genesis for the program was the Loving Parent Program, started by the 2001 National Child Support Commissioner of the Year, Fred Dardis. The program is now managed by Catholic Social Services as part of their Adelante program. The focus of the program is to refer noncustodial parents to programs where they can obtain training or education to assist them to become better able to pay child support. Although targeted for non-custodial parents, some custodial parents have been referred to the program as well. This report represents the achievements of over 1,300 employees working for Arizona Superior Court in Pima County. We extend special thanks to the following individuals for contributing to this annual report: Kathy Brauer, Suzy Bushman, Andy Dowdle, Kim Holloway, Brenda Kelley, Doug Kooi, Fred Mitchell, Mike Stafford, and Donna Whitman. Editor: David Ricker Co-Editor: Lisa Royal Co-Editor: Susan Foster K. Kent Batty Court Administrator