Judge Duber Won't Seek Re-Election Because of 'Toxic and Confrontational Atmosphere'

Gila County Superior Court Judge Robert Duber has announced that he is not running for re-election because of “bullying” and “political self-interest” by the Gila County Attorney’s Office.

The Payson Roundup reports that there has been an increasingly bitter confrontation between the Superior Court judges and prosecutors working for Gila County Attorney Bradley Beauchamp. 

The newspaper reports that the dispute started with complaints by prosecutors that Judge Peter Cahill rejected some proposed plea bargains. The prosecutor’s office has been routinely requesting a new judge anytime a criminal case is assigned to Cahill, which means Judge Duber has been taking the majority of criminal cases. This has led to a huge backlog.

Judge Duber also told the Roundup that the current county prosecutor’s office has skirted the the ethical edge when it comes to key rules—like disclosing evidence.

Duber says that in his 28 years on the bench, he has never encountered such a toxic and confrontational atmosphere.

Meanwhile, Chief Deputy Gila County Attorney Shawn Fuller faces charges filed by the State Bar disciplinary council for a series of incidents in which he walked out of the court in a dispute with Judge Cahill or interrupted defense attorneys. Fuller has apologized to Judge Cahill.

(Read the entire Payson Roundup article here.)

More:

• Convictions overturned, prosecutors rebuked

• Quashed contempt order reveals tensions

Courts Trying Out System for Pretrial Releases

The Gila County Superior Court is one of five courts around Arizona that is trrying out a new system  to help judges decide if it is safe to release defendants before their trials. They are testing a system for scoring individual defendants.

Arizona Supreme Court Chief Justice Rebecca White Berch says defendants who are threats to public safety should stay in jail. But those who are not shouldn’t have to stay in jail simply because they can’t afford to post bail.

Superior Court Administrator Mary Hawkins Retires

Gila County Superior Court announces the retirement of Superior Court Administrator Mary Hawkins.

Kendall Rhyne will assume the duties of Superior Court Administrator on June 1 in addition to  his current post of Chief Probation Officer.

Renteria Found Guilty

On July 13 a Gila County jury found 34 year old Frank Renteria of Chandler guilty of possession of methamphetamine for sale, possession of drug paraphernalia, misconduct involving weapons, and DUI.

Renteria will be sentenced by Judge Robert Duber on August 8. Renteria must serve a minimum of 5 years in the Department of Corrections for possession of methamphetamine for sale. He could face a total sentence of up to 20 years.

Weimer Guilty on 13 of 14 Counts

Gila County Superior Court Judge Robert Duber has found 38 year old Allen Weimer of Globe guilty of possession of marijuana for sale, transportaion of marijuana for sale, production of marijuana, possession of marijuana and drug paraphernalia, and misconduct involving weapons.

Weimer was arrested on March 2, 2010 after Globe Police received information that he was selling marijuana out of his business, Cutting Edge Streetware. When they executed a search warrant, officers found a Tupperware-type dish with individually packaged baggies of marijuana that he had transported from his home to his business. Officers searched his home and found a larger bag of marijuana along with three handguns, four rifles and drug paraphernalia.

Weimer requested a jury trial, but in March of 2011 he chose a bench trial instead. At his trial on June 30, he interrupted the trial to plead guilty to 13 of the 14 counts against him. He was found not guilty on the other count.

Weimer will be sentenced by Judge Duber on August 1. He is eligible for probation but he could receive a sentence of up to 47 years.

Judge Overturns Photo Radar Ticket

Gila County Judge Peter Cahill has overturned a photo radar ticket issued by Star Valley to Michele Power. In a decision on April 5, Judge Cahill agreed with the appeal case that the ticket was issued without anyone identifying the driver.

PhotoRadarLaw.com reports that appellate courts have been consistently ruling against the routine practice of photo radar tickets being issued to registered vehicle owners withut proof of who was actually driving.

Apache Leap Mining Festival this Weekend in Superior

The 23rd Annual Apache Leap Mining Festival takes place this weekend in Superior.

Saturday’s events start at 10:am with a parade and opening ceremonies followed by a carnival and food booths, along with entertainment and the mining competition.

Sunday’s festivities start at 10:am and include a Junior Mining Competition for youth 10 to 17.

For more information call the Superior Chamber of Commerce at 520-689-0200.

Case Management Conference Set for Johns

A Case Management Conference has been set for Monday in Gila County Superior Court for 69 year old Ronald Hughes Johns. Johns is charged with the attempted murder of his neighbor Loren Eaton in Tonto Basin. The two men have been feuding for years about disputed property lines.

Police say that on May 5, Johns fired two shots at Eaton, hitting Eaton once in the back of the head. The other bullet struck one of Eaton’s horses. The horse was put down and Eaton was taken to a Valley hospital with serious injuries to his face and jaw.

Johns was charged with attempted murder, aggratvated assault, recklessly killing a horse and several counts of misconduct involving weapons. Johns says he fired in self defense. A trial date has not yet been set.

Supervisors Meet Today

The Gila County Board of Supervisors holds a Work Session this morning (Tuesday) at 10:00. The Supervisors will discuss the compilation of legislative proposals submitted by Arizona counties for the 5th Annual Legislative Summit. The purpose of the November Summit is to adopt a Legislative Agenda to be pursued by the County Supervisors Association.