HomeMy WebLinkAbout11/15/2005 Blue Sheet Magistrate Pro Tempore
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE: November 15,2005
AGENDA ITEM: I. 1
TO: MAYOR AND COUNCIL
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2005-141: Relating to Municipal Court; providing
for the temporary appointment of Thomas Benavidez as a Marana
Town Magistrate Pro Tempore; and declaring an emergency.
DISCUSSION
The Town of Marana magistrates pro tempore, who serve on an as-needed basis when Judge
West is absent due to illness or vacation, are increasingly unable to serve due to scheduling con-
flicts. This item provides for the temporary appointment of Thomas Benavidez as a Town of
Marana magistrate pro tempore, to serve until the next formal magistrate pro tempore process is
undertaken, probably in July 2006. Mr. Benavidez is well-known to the Town, having served as
a member of the Town's former Town Attorney and Town Prosecutor team of Hochuli &
Benavidez. Mr. Benavidez serves as a judge pro tempore in the Pima County Consolidated Jus-
tice Courts.
RECOMMENDATION
Staff recommends providing for the temporary appointment of Thomas Benavidez as a Town of
Marana magistrate pro tempore.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-141.
{0000I498.DOC /}
FJC/cds 11/8/05
MARANA RESOLUTION NO. 2005-141
RELATING TO MUNICIPAL COURT; PROVIDING FOR THE TEMPORARY
APPOINTMENT OF THOMAS BENAVIDEZ AS A MARANA TOWN MAGISTRATE PRO
TEMPORE; AND DECLARING AN EMERGENCY.
WHEREAS, the Town of Marana has a council-approved list of magistrates pro tempore
who are called upon to fill in during the absence ofthe Town Magistrate; and
WHEREAS, it appears that the individuals on the magistrate pro tempore list are not
currently available to serve due to other commitments; and
WHEREAS, Arizona Supreme Court Administrative Order 2002-66, paragraph E,
provides for appointment of magistrates pro tempore on a temporary basis without following the
normal selection process, until the next selection process occurs; and
WHEREAS, Thomas Benavidez serves as a judge pro tempore of the Pima County
Justice Court; and
WHEREAS, the Town Council finds the appointment of a temporary magistrate pro
tempore to be in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that Thomas Benavidez is hereby granted a temporary
appointment as Town of Marana magistrate pro tempore, to serve until the next formal
appointments of Town of Marana magistrates pro tempore are made.
BE IT FURTHER RESOLVED that since it is necessary for the preservation of the peace,
health and safety of the Town of Marana that this resolution become immediately effective, an
emergency is hereby declared to exist, and this resolution shall be effective immediately upon its
passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15th day of November, 2005.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00001497.DOC I}
FJC/cds 11/8/05