Governor Ducey vetoes justice of peace residency bill

williams-justice-courtPHOENIX — On Tuesday, Governor Doug Ducey vetoed H.B. 2592 which would have required a candidate for Justice of the Peace to be a resident of the precinct they are to represent at the time they file papers and would have to have been a resident for one-year at the time of the general election date.

The exception would have been a justice of the peace who had been appointed. A.R.S. § 16-230 allows the governor to fill vacancies in the Justice of the Peace office with a person of the same party.

The Governor stated in his veto letter:

I do not believe it is appropriate to create a separate residency standard for one specific elected office.

The Governor also vetoed S.B. 1171 concerning filing of late campaign reports. The bill would have required that the specific amount of daily late penalties and how and when daily late penalties start and stop accruing be added to notices sent to campaigns who file late campaign reports.

Governor Ducey said in his veto letter that this matter could be handled administratively in the office of the Secretary of State.

According to current law, all penalties for late filing must be paid prior to filing the late report.

Mayor Moore seeks third term

UPDATED: May 8, 11:35
Moore-20140507-02WILLIAMS – Mayor John Moore of Williams is gathering signatures for a third term as mayor of the historic route 66 town.

“I felt there were issues, such as the water issue, that required continuity in leadership,” Mayor Moore said.

Mayor Moore, with the cooperation of the City Council, has overseen many improvements in the community. They worked together with Sean Casey to bring the drive-through wildlife park Bearizona to the community.

Mayor Moore is veteran friendly welcoming the motorcycle riders of Run for the Wall to Williams every year. During his watch, Williams completed the Williams Own memorial dedicated to all veterans at Williams Memorial park on the west end of town across from Safeway.

Justice of the Peace Robert Krombeen has also gathered signatures for re-election to that office. Although a county position, Judge Krombeen has a contract with the City of Williams to act as City Magistrate. He has instituted some cost-saving measures in the staff at the Williams Justice Center and installed a kiosk where people can access legal information.

There is currently no information on any other candidates.

To vote in the primary election on August 26, you must be registered by July 31. For the November 4 mid-term elections, you must be registered by October 6.

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Continuing court during emergency situations

tj-20130412-01WILLIAMS—The weight of snow has just collapsed the roof. The snow has caused a train to derail on Seventh street sparking a horrendous forest fire. The fire is melting the snow causing flooding. The flooding freezes over Railroad Avenue causing a semi to skid out of control into the building. Okay, not all of those things are likely to happen at one time, but something might happen to cause the evacuation of the Williams Justice Center. The staff of the Williams Justice Center will have to have a way to provide important court services after that.

The Williams Municipal and Justice Courts are working together with Coconino County Court Administration to develop our Continuous Operations (COOP) plan to enable our courts to continue providing services during any unanticipated emergency or contingency.

“The court has to be able to issue orders—court orders—and those things 24/7. We have to be able to provide orders of protection and other court orders during business hours and that take precedence in court,” Justice of the Peace Robert Krombeen explained.

“If somebody’s arrested in the city they have to be seen by the JP or a magistrate within twenty-four hours. They have to be. For a felony—a homicide, for example—they would be released in twenty-four hours. That’s required by law and the Arizona Constitution.”

The Flagstaff Court system has their own system as part of the County emergency plan. “They have the specifics of their plan in place where they have other sites in the greater Flagstaff area where they could set up their court, as well, so that they could maintain court within their precinct.”

Krombeen explained that our plan has two alternative sites within our precinct so that we can maintain court in this area. “If something really weird happened where it was going to be a longer term, we could potentially go to Flagstaff. But it’s our goal and our plan to set up to have those services provided right here.”

One of the sites being considered is the Coconino Community College building which is being turned over to the high school. It has facilities to allow video court similar to the facilities in the Williams Justice Center. The other location is the Clark Memorial Airport which has sufficient parking and Internet facilities that could allow the same function.

So if an emergency should occur in any of the areas serviced by the Williams Justice Center, do not try to take advantage of the situation. You will not pass go, you may loose $200 and you may go to jail.

Homicide suspect held over without bond

court-20130412 018WILLIAMS—Williams homicide suspect, 53-year-old John Willis, was ordered held over without bond by Justice Robert Krombeen in his initial appearance at the Williams Justice Center. Willis is alleged to have murdered 17-year-old Manuel “Boongy” Navalez with a single-shot to the back of the head possibly in retaliation for an alleged residential burglary.

Willis was arrested on May 21 as a result of evidence collected at the scene where Navellez’ body was discovered, the interviewing of friends, family and acquaintances of the victim, and evidence collected during the service of search warrants on multiple homes. Three residences and one vehicle were searched. Willis was known to frequently stay at one of the residences. Evidence was located during the search warrants which was consistent with evidence at the scene. Evidence and interviews indicate this was not a random shooting incident. Detectives currently are investigating the possibility that drugs may have been a factor in this crime. Detectives are investigating the possibility that this homicide may have been in retaliation for a residential burglary to which Navellez may have been an involved party.

Investigators credit the cooperation of the community of Ash Fork and Kaibab Estates and resident deputies from the Yavapai Sheriff’s Department

The defendant had his initial court appearance before Justice Krombeen today via video link to the county jail. The Justice ordered the defendant to be held without bail at the request of the State on four charges. The charges against Willis are first degree murder, prohibited possession of a firearm, possession of marijuana and possession of drug paraphernalia. Krombeen bases his decisions on a statement of facts to show probable cause of a crime submitted by the arresting officer—which is submitted in all cases before the court.

This is the first initial hearing on a homicide case before Krombeen since he took office. The Williams Justice Court hears initial cases, and sometimes the pre-trial hearing, in cases originating in the jurisdiction of the Williams Justice Court. That area extends from Ash Fork through Williams and up highway 64 to Tusayan.

After the initial appearance, law enforcement must file charges within 48 hours with the Williams Justice Court and a pre-trial hearing must be set within ten-days. A pre-trial hearing has been set for Friday, May 31. Justice Krombeen said that County Attorney David Rozema can choose to send it to the Grand Jury which meets every Thursday by-passing the Williams Justice Center.

The body of Navallez was discovered by an employee of a gas company on the north side of Interstate 40 just east of Ash Fork on May 17. Deputies of the Coconino County Sheriff’s Department investigated and notified next of kin.

From the Bench: Justice Krombeen thanks Tusayan.

rob-krombeen(Grand Canyon Edition) by Justice of the Peace Robert Krombeen

Since entering into an Intergovernmental Agreement (IGA) with the Town of Tusayan just over a year ago, it has been our court’s privilege to partner with the Town to provide your court and judicial services. Now that the council has voted to enter into a longer-term IGA for the next five years, I want to reiterate our court’s commitment to your community.

During the past year, our staff has made administrative changes and improvements which have led to improved customer service in our court. Surveys conducted by the Coconino County Court Administration have shown our court to have amongst the highest ratings for customer service in the county. We are continually striving to find ways to improve the function and services of our court.

It has been my observation that our staff has worked exceptionally well with the Town Prosecutor and Public Defender to provide consistent, designated time on the court calendar to Tusayan customers who appear in our court. The relationship with the Town Prosecutor and Public Defender will only continue to improve, as we find creative ways to provide those services in an efficient manner to reduce drive time for those appearing. As has been demonstrated this past year, it has and will continue to be our court’s desire to be good neighbors to the Town as you develop your community into the future.

Thank you for the opportunity to serve as your judge. We look forward to providing services to your community for the next five years. Please contact the court at (928) 635-2691 if you have any questions about the IGA or the services provided.

Williams Law Day coming your way.

krombeem-thumbnailby Justice of the Peace Robert Krombeen

President Dwight Eisenhower established May 1st as Law Day in 1958 as “a day of national dedication to the principle of government under law.” Across the country, criminal justice agencies and courts will be renewing their understanding of, and appreciation for, the fundamental principle of the rule of law. This year’s theme for Law Day is, “No Courts, No justice, No Freedom,” and is indicative of the crucial role our judicial system plays in a free society. The Williams Justice and Municipal Courts will celebrate Law Day on May 13th by opening the Court to students from the Williams High School and Middle School to partake in courtroom activities which will impress upon them the importance of law and order in our communities. Real attorneys, bailiffs, and other criminal justice professionals and service providers will be present to provide instruction and real experience with inter-active courtroom proceedings. We want to encourage the public to celebrate with us on this day to remember of all the past sacrifices and struggles involved in creating the fair and just legal system we all appreciate. The event will be open to the public so please plan to stop by the court on May 13th between 8:00am and 4:00pm. We want to thank the Williams Unified School District and all of the criminal justice and service providing professionals who are participating to make this event a success.

The Williams Justice Court welcomes Coconino County Volunteer Don Saylor to our court. Mr. Saylor has extensive work history and experience in counseling veterans and those suffering from Post Traumatic Stress Disorder (PTSD), substance abuse, and other emotional health matters. Mr. Saylor will be coordinating our community restitution program at the court, which has been providing services to our community from those persons ordered by the Court to perform community restitution. This is usually accomplished by those persons contributing to community beautification.

Glassburn park before and after beautification project.

Glassburn park before and after beautification project.

The Court works closely with Williams Clean and Beautiful and City Staff to identify and prioritize those projects. We appreciate the positive feedback we’ve received from business owners and public regarding this program.

If you have any suggestions for future projects please call the Court at (928) 635-2691.

Magistrate contract with Justice Court still pending.

krombeem-20130412 009
WILLIAMS—Williams was left without a contract for the Justice of the Peace to hear municipal cases as as Magistrate as of the last meeting of the City Council. The Williams Justice Court—a county jurisdiction—makes intergovernmental agreements (IGA) with cities and towns that require his service to hear municipal cases. Justice of the Peace Robert Krombeen, however, said that he will still hear municipal cases until the contract issues are resolved.

JP Robert Krombeen explained that smaller cities and towns, including Williams, contract with the County Justice Court to hear their cases rather than build separate court facilities and hire their own Magistrate. The Justice Court, for example, entered into an IGA with the recently incorporated Town of Tusayan to hear their municipal cases.

The City of Williams had a contract when JP Krombeen was elected two-years ago. According to City of Williams Code, they can only make a contract for the services of Magistrate for two-years at a time. The effort, now, is simply to create another contract for another two years.

While the Justice of the Peace is an elected official, he is classified as an employee of Coconino County.

“I’m an employee, even though I’m an elected official. I’m an employee of Coconino County as well as part of that office and that position. So I don’t have all employee benefits and privileges, but I do classify as an employee. For example, as an elected official I don’t get vacation time, I don’t get sick time, and that type of thing. But I can take time off by having the court covered and my duties covered in my absence.”

There are certain cases in which the Justice Court has jurisdiction in both the Justice Court and Municipal Court jurisdictions.

“Any criminal charge filed in the Justice Courts jurisdiction is going to be, at least initially, seen by the JP. So, even a felony would be seen by the JP, for example, for the initial appearance and the setting of bond. Then the case could go to a preliminary hearing here in the Justice Court and then would be transferred to the Superior Court,” JP Krombeen explained.

“Now, on the city side, as magistrate, I would see any misdemeanor cases, both from the initial appearance through conclusion. If there is a felony case filed, then that would automatically be a Justice Court appearance.”

It is the prerogative of the City of Williams to select their own Magistrate and create their own court system. It is cost effective, however, to have the court system in the same building.

JP Krombeen said, “Historically, as far back as I’m aware of, both courts have been in the same building. The City could have their own courthouse, or have it in the Council Chambers. We used to be in the strip mall downtown. Both courts were together in both of those locations previously. In some cities the city has their own courthouse.

“Again, you’re talking about a justice court which averages close to 5000 cases a year and a city court that averages, recently, between—Oh, give or take 500 case per year. So, it’s far more cost effective for the city to have an Intergovernmental Agreement to be in a cooperative agreement with the county such as we are now. It saves the taxpayer tremendously from the cities point of view of not having to have their own facility and that type of thing.”

The City also entered into an IGA last September to have the Justice Court staff take on the duties of the Municipal court staff. “It’s been a very challenging, but very smooth transition,” the JP said.

“That’s really helped our customer service, because in the past, we’d have one—at best two—[city] employees. But when those employees weren’t available, people would come up to the front window to, for example, make a payment and they’d see someone sitting there, and the person would say, ‘I’m sorry, we’re the Justice Court, we can’t help you. There’s nobody here from the City Court.’ There were issues because of that.”

The Justice Court staff is responsible for taking care of the cases and keeping the cases in their appropriate jurisdiction for the judge.

“We’ll have a courtroom filled with people, sometimes, with some being City cases and some being Justice Court cases. So as the Judge, I just call the case and I say that this case is in the Williams Justice Court, and we go through the proceeding.

“Next person may be a Municipal Court case. Since I’m Magistrate I handle that case. I call that this case is in the Williams Municipal Court. The Court Staff administratively keep those cases separate. They’re not all consolidated into one court. They’re separate, but we—other than that—handle everything the same whether someone comes in for the City court or the Justice Court.”