Reinhold v. Board of Supervisors

677 P.2d 1335, 138 Ariz. 227, 1984 Ariz. App. LEXIS 345
CourtCourt of Appeals of Arizona
DecidedJanuary 26, 1984
DocketNo. 1 CA-CIV 5753
StatusPublished
Cited by4 cases

This text of 677 P.2d 1335 (Reinhold v. Board of Supervisors) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reinhold v. Board of Supervisors, 677 P.2d 1335, 138 Ariz. 227, 1984 Ariz. App. LEXIS 345 (Ark. Ct. App. 1984).

Opinion

OPINION

JACOBSON, Chief Judge.

The sole issue raised by this appeal is whether a justice court has the authority to require the county board of supervisors to provide court personnel necessary to the efficient administration of that office.

The factual context in which this legal issue is presented is that the appellant, Ryan Reinhold, is the duly elected and acting justice of the peace, 7th Precinct, (Pine-top), of .Navajo County. Prior to the fiscal year beginning July 1, 1980, the Pinetop Justice Court had two clerks, one of whom functioned as a traffic clerk and the other performed clerical services for non-traffic court business. The salary for the non-traffic clerk was funded and paid for by Navajo County. The salary for the traffic clerk was funded under the federal CETA program and thus was not a county charge.

Sometime prior to the beginning of the fiscal year 1980-1981, Judge Reinhold was informed that the federally funded CETA program was being phased out and that federal funds would not be available to pay the salary of the traffic clerk. Judge Reinhold immediately filed a request with the Navajo County Board of Supervisors for funding of the traffic clerk position for the fiscal year beginning July 1, 1980 and ending June 30, 1981. The board informed Judge Reinhold that because of constitutional spending limitations and budget limitations, no request for funding of new positions were being honored. However, the board informed Judge Reinhold that he could appear at the budget hearing to be held the following week to justify this request. Judge Reinhold’s position was that it was unnecessary for him to justify the request and he did not attend the budget hearing.

The board did, however, provide funding in the sum of $3,800 for an additional part-time clerk employee. On July 3, 1980, Judge Reinhold filed a petition for Special Action Relief against the Board of Supervisors and the Treasurer of Navajo County, requesting that the superior court require the respondents to pay the necessary salaries and expenses of his judicial employees and alleged that the sum of $8,160 in addition to sums already budgeted was necessary to operate the Pinetop Justice Court until June 30, 1981.

The trial court found that Judge Reinhold’s request for a second clerk was reasonable, but that the Board of Supervisors had not abused its discretion in denying the request. This finding was apparently founded on the trial court’s determination that by allowing the request, the county’s budget limitations would be exceeded and the board acted reasonably in considering these budget limitations. This appeal followed, in which Judge Reinhold requests that this court reverse the trial court and “enter an order affirmatively directing the County Board of Supervisors to provide the funds necessary for the employment of all necessary personnel to conduct the affairs of the justice court.”

Obviously, the specific relief requested (to provide funding for the fiscal year 1980-81) has now become moot by the passage of time. However, where it appears that the case involves principles of law which affect future budgetary considerations, we may disregard the mootness of the particular case and consider the legal questions presented on their merits. Wise v. First National Bank, 49 Ariz. 146, 65 P.2d 1154 (1937); see also Corbin v. Rogers, 53 Ariz. 35, 85 P.2d 59 (1938) (if case raises questions which should be decided for guidance of public officers in the future administration of the law, it will not be dismissed as moot but will be determined on its merits.)

Since this case of first impression in Arizona presents the issue of whether a justice court has the power to hire person[230]*230nel necessary to the effective administration of the court over the objection of the executive-legislative branch of county government, we decline to dismiss because of mootness and decide the issue on the merits.

Judge Reinhold’s basic position on appeal is that once he, as a member of the judicial system of Arizona, has shown that his request for judicial employees is not arbitrary and capricious, the duty of the board of supervisors to pass upon that request becomes merely ministerial. The board argues that decisions concerning the funding and hiring of county employees lies solely within the discretion of the board. See A.R.S. § 11-251. While conceding that the board has a ministerial duty to implement decisions concerning superior court personnel, in the absence of abuse of the court’s discretion,1 the board argues that this rule is not applicable to justice courts because of their limited jurisdiction.

Both parties have cited various statutory provisions which they believe support their respective positions. However, in our opinion, the resolution of this question must be based, not on statutory authorization or lack thereof, but rather upon whether generally a court has an inherent power to compel the employment of necessary personnel, and if so, whether a justice court has that power. Also of importance are the limitations, if any, imposed upon the exercise of that power.

As recognized by the board, the general issue of whether a superior court has the power to control and employ necessary personnel has been decided in Arizona. See Mann v. County of Maricopa, supra (holding that a statute requiring “approval by the governing body of the political subdivision” for retention of employees beyond the age of 70, was not applicable to personnel of the superior court); Roylston v. Pima County, supra, (holding that a deputy clerk of the superior court was an officer of the court under the direct supervision of the judiciary and that the board of supervisors had only a ministerial duty to approve the appointment of such a deputy after approval by the superior court judge); Birdsall v. Pima County, supra, (holding that the board of supervisors had a ministerial duty to approve an order of the judge of the juvenile court fixing new salaries for employees of the juvenile court in the absence of a clear showing that the judge acted unreasonably, arbitrarily and capriciously in the fixing of salaries); also see Broomfield v. Maricopa County, 112 Ariz. 565, 544 P.2d 1080 (1975).

While conceding that the power to control the hiring and placement of judicial employees is vested in the superior court, the board argues that the inherent power accorded courts of general jurisdiction is inapplicable to justice courts because of Art. 6, § 32 of the Arizona Constitution, which provides:

The jurisdiction, powers and duties of courts inferior to the superior court and of the justice courts, and the terms of office of judges of such courts and justices of the peace shall be as provided by law. (Emphasis added).

Also see A.R.S. § 22-112, which provides in part that a justice of the peace shall:

Have the powers and perform the duties prescribed by law. (Emphasis added).

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Reinhold v. BD. OF SUP'RS OF NAVAJO CTY.
677 P.2d 1335 (Court of Appeals of Arizona, 1984)

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Bluebook (online)
677 P.2d 1335, 138 Ariz. 227, 1984 Ariz. App. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reinhold-v-board-of-supervisors-arizctapp-1984.