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The Judicial Branch NewsApril 2007Volume 2, Issue 4In this IssueMessage From thePresiding Judge.2In Memory: Judge JohnGaylord .3Newsmakers.4Focus On: Mental HealthCourt.7Court Photo Highlights.8The Judicial Branch News is anonline newsletter published bythe Media Relations andCommunity OutreachDepartment.If you wish to contribute to thisnewsletter, please sendarticles, news items, photos orother correspondence to:karra@superiorcourt.maricopa.gov.Maricopa County Superior Court Remembers“Committed to the Timely, Fair andImpartial Administration of Justice.”Judge John M. Gaylord1956 - 2007Judge Gaylord Obituary - Page 3

Page 2April 2007Message From the Presiding JudgeA great deal of publicityhas been circulating aboutenforcement of Proposition100 in the case of RubenRivera.Unfortunately, Mr. Riverawas released from jailbecause of a lack ofcommunication between theprosecutors, judicial officers,the court clerk and the sheriffBarbara Rodriguez Mundell – not because anyonePresiding Judge“refused”toenforceProposition 100.Mr. Rivera was arrested on March 5th and booked inthe county jail.His initial appearance was the same day. While theforms the commissioner reviewed indicated the defendantwas not a U.S. citizen, they did not state he was in thecountry illegally, so a 10,000 bond was set. Mr. Riveranever posted bond and was never released on bond.On March 15th, the prosecutor asked to vacate thepreliminary hearing, which meant the defendant could notbe held in jail unless an indictment was obtained laterthat day. The prosecutor did not object when thecommissioner issued a conditional release order thatwould be effective “unless a notice of superveningindictment has been filed.”An indictment was not filed with the Clerk of the Courtuntil 4:47 p.m. on March 15th. The prosecutor did not askthe clerk to expedite delivery of the indictment to the jail.The prosecutor did not inform the commissioner handlingthe Grand Jury returns that Mr. Rivera was in the countryunlawfully or object to a 10,000 bond. The Clerk of Court,which is a separate and distinct elected governmentalentity from the court and has its own policies andprocedures, did not deliver the indictment to jail personneluntil the next day, March 16th. Mr. Rivera had beenreleased to ICE for deportation earlier that day.Last week, I met with all of the elected and appointedofficials in Maricopa County’s criminal justice system toaddress this communication breakdown. Sheriff JoeArpaio sat at the head table with me, as did CountyAttorney Andrew Thomas. Participants included officialsfrom ICE, the state Attorney General’s Office, indigentdefense agencies, Adult Probation, Clerk of the SuperiorCourt and others. Nearly 30 experts sat together to discusshow each segment of the criminal justice system caneffectively communicate critical information.By the end of the day, details of new initiatives wererevealed, promising that steps have already been takento improve the efficiency of each participant’s piece ofthe process. We accomplished the following:·Indictments – including those returned latein the day – will be reported to the Sheriff’sjail staff before Clerk of Court staff leavesfor the day.·Sheriff’s detention officers certified by ICEwill have access to the federal HomelandSecurity database and will checkdefendants’ immigration status as soon asthey are booked into jail. The Sheriff’sofficers will give this information to InitialAppearance Court Commissioners.·New Supreme Court policy and guidelinesissued by Chief Justice Ruth McGregor theafternoon of the meeting set newstandards for determining probable causethat a non-citizen is in the country illegally.I conducted a training session on the newguidelines with the Initial AppearanceCommissioners that evening to implementthe policy immediately.·Starting next week, deputy countyattorneys will attend Initial AppearanceCourt sessions around the clock, sevendays a week, to provide information thatwill help commissioners decide releaseissues.·Defense lawyers also will begin attendingInitial Appearances.·To comply with Proposition 100, ChiefJustice McGregor authorized pre-trialservices staff to ask defendants in InitialAppearance Court about their citizenshipand immigration status. I issued a directiveto staff to implement this policyimmediately. Staff members willacknowledge that they have received acopy of the policy and will comply with it.We each have a role to play in assuring safetyin our community. We need to stop the divisive,unproductive finger-pointing and blame-placingthat has not served our community or criminaljustice system well.We all have a common goal to assure publicsafety and enforce the law. It’s time to act likeprofessionals and get it done.

Page 3April 2007In MemoryJudge John M. Gaylord1956 - 2007John M. Gaylordwas born September25, 1956 in SanAntonio, Texas to hisloving parents, Johnand Clara Gaylord.He was the oldest offour children. Hisparentsservedproudly in the U.S. AirForce, and in his early years they moved often.John broke his neck playing football for GlendaleHigh School. After a miraculous recovery, hegraduated in 1974 as Student Body President andwent on to work his way through a Bachelor’sdegree at Northern Arizona University as the nightmanager for a local grocery store. He attendedlaw school at Arizona State University, where hemet his wife Karen. They spent their early marriedyears traveling in the U.S. Marine Corps.Shortly after the birth of their first child, Johnjoined the Marine Reserves, and they moved totheir home in Chandler. John worked in privatepractice for the next several years, excluding avoluntary activation for Operation Desert Storm.He ran for the State Legislature in 1992, but lostin a hand of poker after a dead-tie primary. Neverbitter, he framed the cards, and the electionbecame one of his favorite stories. He left privatepractice to work for the Arizona State AttorneyGeneral. He was appointed to the MaricopaCounty Superior Court in 2000, where he servedon the Family, Criminal, and Juvenile courtbenches. He retired from the Corps at the rankof Lieutenant Colonel, but remained a Marine tohis death.Early in his career, he served on the planningand zoning commission for the City of Chandler.More recently, he was a District Commissionerfor the Boy Scouts, and active in the Knights ofColumbus. He was on the advisory boards forSt. Mary-Basha School and Seton Catholic HighSchool, both in Chandler. He served on Academyselection committees for Senator Kyl andRepresentative Flake. He was also very active inhis Parish - St. Mary’s - and a faithful supporter ofmany charities.Three weeks before his death he became theproud owner of a Harley Davidson Road Kingmotorcycle. He was killed in the desert he lovedon the motorcycle he’d wanted all his life. He waspreceded in death by his father John.He is survived by Karen, his wife of twenty-fouryears, his children Austin, Andrew, and Alexandra,and his faithful canine companion Hobbes. He ismourned by his mother, Clara, and his siblings andtheir spouses – Mark Gaylord (Joy), MichaelGaylord (Pam), and Terri Moore (Jerry). He wasblessed with many wonderful in-laws and a veryclose extended family, all of whom will miss himdearly. He loved his family, his many friends,America, and the Marine Corps - not necessarilyin that order. He loved the desert, almost as muchas he loved the mountains of Taos, New Mexico.His favorite actor was John Wayne, his favoritesinger was Chris LeDoux, and his favorite moviewas She Wore a Yellow Ribbon. His favorite bookswere Lion of Ireland and Man in the Iron Mask, buthis favorite author was Louis L’Amour. He was amiserable cook, but the world’s best father. Hevalued faith and family, and believed in truth andjustice. A fair and honorable man, he will be missedby all who knew him.A prayer service was held on Wednesday, April11 at Seton Catholic High School in Chandler. Avisitation was held at St, Mary’s Catholic Churchin Chandler on Thursday, April 12. A funeral masswas celebrated at St. Timothy’s Catholic Church inMesa on Friday, April 13, and an internmentfollowed at 12:30 p.m. at National MemorialCemetery in Cave Creek. In lieu of flowers,donations may be sent to The Judge John M.Gaylord Charitable Foundation, c/o John Sinodis2800 N. Central Ave., Suite 1800, Phoenix, AZ85004.

April 2007Page 4Judicial Branch NewsmakersNew Judges Preside Over the Criminal BenchOn April 10, Judge AnnaBaca became thecriminal presiding judge,and Judge TimothyRyan began his dutiesasthe associatecriminal presiding judge.Judges Baca and Ryanare in training withformerCriminalPresidingJudgeJames Keppel andformerAssociateCriminal PresidingJudge Brian Ishikawa.“CongratulationstoJudges Baca and Ryan.Sincere thanks to JudgesKeppel and Ishikawa fortheir dedication andleadership,” PresidingJudge Barbara RodriguezMundell said.(Left to right ) Bailiff Susanne Asztalos, Criminal PresidingJudge Anna Baca and Judicial Assistant Nita Billingsley.(From left to right ) Associate Criminal Presiding JudgeTimothy Ryan, Judicial Assistant Stephenie Ball,Courtroom Clerk Barbara Navarro and Bailiff RonnieBrowner.Supreme CourtRecognizes JuvenileProbation StaffKaryn Hart and Shawn Hughesreceived certificates from theArizona Supreme Court for their“significant contributions to localand statewide training as aDefensive Tactics Instructor.”Only five awards were givenstatewide and Juvenile Probationreceived two of them.Congratulations to both Karynand Shawn and thank you for thework you do for the DefensiveTactics Program and forrepresenting our department inthe highest degree.Submitted by Leslie Anderson,Juvenile ProbationNew CommissionerVeronica BrameAppointedCommissioner BrameThe Judicial Branch of Arizona inMaricopa County hired formerDeputy Maricopa County AttorneyVeronica Brame as a CourtCommissioner. She is assigned toFamily Court at the SoutheastRegional Court Facility in Mesa.What Are My Rights? 95Questions & Answers aboutTeens and the Law, written byformerSuperiorCourtCommissioner Thomas Jacobs,was selected as a pick of the yearof the New York Public Library’sBooks for the Teen Age list.The library’s list, now in its 78thyear, selects the best of theprevious year’s published worksfor readers, 12 to 18 years old.His book has been sold anddistributed local libraries, schools,community-based organizationsand the public.Jacobs continues to write aboutteens and the law. His latest articles include “When Can I Get aTattoo?” for the New York ParentGuide - Tweens and Teens Magazine; “Do I Have to Go to School?”for the Duke University TalentIdentification Program; and “TenU.S. Supreme Court Cases ThatAll Teens Should Know About” forthe New York Times/Scholasticmagazine Upfront.Commissioner Jacobs retired in2002, and then returned to thebench part-time in Mesa sixmonths later.