Desert Messenger

4 www.DesertMessenger.com April 16, 2014 Constable files complaint with judicial board By Shanana Rain Golden-Bear During their March 17th meet- ing, La Paz County Board of Supervisors ratifi ed appointments for three Justices of the Peace Pro Tempore. Quartzsite's Tammy Carnevale was approved retroac- tively from 2008. James Putz-Ar- trup was approved retroactively from 2012. Quartzsite Magistrate Amanda Lilly was approved retro- actively from 2013. During Call to the Public, Quartzsite JP #4 Constable Starr Bearcat said she had fi led a complaint, No. 14-064, with the Arizona Commission on Judicial Conduct. She claimed the three justices pro tem had been acting illegally and without legal author- ity as they had not been approved by the Supervisors. La Paz County has Justice Courts in Parker, Quartzsite and Salome. BearCat notifi ed both Supervi- sor King Clapperton and County Administrator Dan Field of the issues back in November, 2013, when realizing Magistrate Lilly was serving as Justice Pro Tem in JP4 without being appointed nor approved. She also discovered Carnevale had not been approved by the Supervisors for multiple years in a row. She then notifi ed Superior Court Judge Sam Veder- man and County Attorney Tony Rogers to rectify the situation. According to Arizona Revised Statute 22-121, the Superior Court judge may appoint a justice of the peace pro tempore for that county, where needed, AND [emphasis added] is subject to the approval of the Board of Supervisors, for a maximum of twelve months for any one term. Judicial powers are the same as a duly elected Justice of the Peace. Carnevale had been serving as Justice Pro Temat JP#4 without being approved by the Supervi- sors since 2008. However Deputy County Attorney R. Glenn Buck- elew told Constable BearCat that the judges' actions were legal as the ratifi cation made their ap- pointments valid from the moment they were made. Bearcat told the supervisors she had not wanted to go public with her allegations, but said she felt she had no choice, as nothing had been done for so long. Buckelew said that the approval from the Supervisors was not requested until the matter was brought to the Supervisors at their March 17 meeting. Buckelew cited Black's Law Dic- tionary as defi ning ratifi cation as "the confi rmation and acceptance of a previous act, thereby making the act valid from the moment it was done." Buckelew also said that accord- ing to case precedent, the judges were acting as "de facto" county offi cers, and their offi cial acts were valid. He stated that, if there were any defects in the appointments, any defendant or third party in any case which came before one of these judges waived the right to claim the defect in appointment unless it was asserted before the relevant court hearing. "No common person would even think that a judge was sitting with- out authority; that just is not in the reality of the common person and even an Attorney would not chal- lenge a Judge's perceived author- ity," said BearCat. BearCat also alleges Carnevale went beyond the scope of her du- ties when she appointed Magistrate Lilly as a pro tem. The state gives the authority exclusively to a Su- perior Court Judge to appoint pro tem justices within that county. BearCat said, "There was a 'Gap' for Magistrate Amanda Lilly be- cause she had never been appoint- ed anything by a Superior Court Judge until now." Buckelew said the interests of the public are best served by maintain- ing public trust and confi dence in the county legal system and assur- ing judicial continuity. In this case, that meant recognizing the acts of the justices pro tem as valid. He added there was no assertion the judges were not qualifi ed, nor was the general public aware of any defects in their appointments at the time they were made. BearCat alleges there are other Arizona Statutes being violated: See ARS 22-121B, 11-952, 22-122, 22-427, 22-403, 13-2814. Ethics Codes 38-503, 38-504, 38-505, 38-510 and CC 13-2603 A-1 & A-2. She is still awaiting a response from the Arizona Commission on Judicial Conduct. According to the Arizona Con- stable Ethics and Standards Board, "In Arizona, a constable is an of- fi cer of the county justice courts. Constables and their deputies are the executive enforcement branch of the county justice courts." BearCat said she was living up to her oath of offi ce with her actions. Town-Wide Spring Clean-up Days April 25 & 26 The Town of Quartzsite will host their semi-annual Town Wide Clean-up Friday & Saturday, April 25 & 26. Dumpsters will be located next to the EdOptions School on E. Coyote. Town staff will be in attendance Friday from 8am-5pm and Satur- day from 8am-4pm. Please no oil, appliances, or batteries. If anyone needs help loading or hauling stuff to the dumpsters, or for more information, please call Town Hall 928-927-4333. Just Rambling... Provided by Elmer London, Quartzsite and Desert Messenger My cat is brave if the other cat is just on the other side of the window glass. Sort of reminds me of those Kick Wrestlers. He doesn't snarl, snap and posture. He's sure tough on blinds though. This is his third set. He's worth it. Across from McDonald's • Quartzsite NEED CASH? Jim Buys GOLD! Broken Jewelry, Old Teeth, Coins, Nuggets, etc. 1240 W. Main Street Arizona Congressman Paul Gosar will hold a meeting open to the public Wednesday, April 16th at 1pm in the Board of Supervisor's build- ing, 1108 Joshua Ave. in Parker. The discussion will be regarding concerns over the proposed BLM Trail closures and the impact to the county. La Paz County Board of Supervisors will attend. A fl yer posted around Quartzsite states, "If you want the desert to stay open to the public to enjoy Recreation, Mining, Rock Hounding, ATV/UTV Riding, Jeeping or just driving on the BLM Trails or Roads, you must attend the special meeting being held by the La Paz County and Congressman Paul Gosar! You do not need to be a local resident only to attend! Snowbirds and Canadians count. If you spend money in this county, your vote and voice counts." Gosar visits Parker Wed. April 16 1pm

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