CLARK v. CAMPBELL

No. 1 CA-CV 07-0529.

193 P.3d 320 (2008)

Constable Annette CLARK, Constable of Arcadia Biltmore (f/k/a East Phoenix Two) Justice Precinct, Plaintiff/Appellant, v. Honorable Colin CAMPBELL, Maricopa County Superior Court Judge; Honorable Barbara Rodriguez Mundell, Maricopa County Superior Court Judge; Honorable Michael Orcutt, Arcadia Biltmore (f/k/a East Phoenix Two) Justice Court; David R. Smith, County Administrative Officer; Joseph Arredondo, Constable; Don Calendar, Constable; Doug Middleton, Constable; Phil Hazlett, Constable; Murel Stephens, Constable; Gary Wilson, Deputy Constable; Robert White, Deputy Constable; John Powers, Constable; Gilbert Trejo, Deputy Constable, Defendants/Appellees.

Court of Appeals of Arizona, Division 1, Department E.

July 10, 2008.


Attorney(s) appearing for the Case

Jones Skelton & Hochuli, PLC By Georgia A. Staton and Taylor C. Young, Phoenix, Attorneys for Plaintiff/Appellant.

Terry Goddard, Attorney General, Phoenix, By Bryan E. Schmid, Assistant Attorney General, Tucson, Attorneys for Defendants/Appellees Colin Campbell and Barbara Rodriguez Mundell.

Law Office of Dean Wolcott By Dean M. Wolcott, Phoenix, Attorneys for Defendants/Appellees Michael Orcutt, David R. Smith, Joseph Arredondo, Don Calendar, Doug Middleton, Phil Hazlett, Murel Stephens, Gary Wilson, Robert White, John Powers, and Gilbert Trejo.


OPINION

NORRIS, Judge.

¶ 1 In this appeal, we examine the supervisory authority a superior court presiding judge has over justice court constables, whether that authority allows the presiding judge to impose disciplinary sanctions against a constable and, if so, what procedures a presiding judge must follow in taking such action. For the following reasons, we hold a presiding judge has supervisory authority...

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