Administrative Office Of The Courts Issues Updated Guidance
On Municipal Court Relationship Within City Government
 

On February 26, 2007, the Arizona Supreme Court issued an updated guidance memorandum entitled Municipal Court Relationship within City and Town Government. This is an invaluable tool for city managers and municipal judges to address the most common issues involving the relationship between a city’s municipal court and city administration.

The separation of powers doctrine requires that the executive, legislative and judicial branches of government remain separate. The doctrine requires that the judicial functions of the court must remain independent from executive and legislative interference. Nevertheless, the municipal court of a city is dependent on the city for its funding, court facilities, and court personnel. Questions often arise regarding the relationship of the court to other city departments, especially in smaller cities, where it is common for courts to share facilities with other branches of government and municipal judges are part-time and therefore not on site on a daily basis to oversee court staff.

The guidance discusses the issues of supervision and management, budget and finances, personnel (including supervision of court personnel), court facilities and court records.

Copies of the guidance can be obtained from David Withey at (602) 452-3300, or you may contact Susan D. Goodwin at Curtis, Goodwin, Sullivan, Udall & Schwab.

THE FOREGOING IS MERELY A PARTIAL SUMMARY OF THE CASE
AND IS NOT INTENDED TO BE RELIED UPON AS A LEGAL OPINION.