TUCSON, Ariz. (KVOA) – A routine court hearing for initial appearances at Pima County Consolidated Justice Court took a dramatic turn Wednesday night after the judge realized court staff were changing court dates behind her back.
A routine court hearing for initial appearances at Pima County Consolidated Justice Court took a dramatic turn Wednesday night after the judge realized court staff were changing court dates behind her back.
Judge Lisa Surhio, a Tucson Magistrate that was serving as a Pro Tem for initial appearances, was wrapping up with a criminal defendant that was facing several felonies related to drug possession.
She had set the defendant’s next court date in Justice Court, but when the Public Defender asked for clarity on the court date Judge Surhio began questioning court staff about the date.
“Whoa, whoa, wait a minute you’re changing the court dates I just set? I am ordering you to not change the court dates I just set,” Judge Surhio said.
While questioning the unidentified staff member it was revealed that they were told to change the court dates by supervisors. That didn’t make Judge Surhio happy to hear.
“Alright I am being informed for the first time on the record that the court dates that I set in justice court are being changed after I set them, apparently staff have been directed by their supervisors,” Surhio said in open court.
She raised concerns that defendant rights may be violated by such actions.
“I’m telling the defendants that they have court on those dates and the defendants are expecting to have court, they are not being informed of the court date that’s being changed, they are not being informed of the new court date, which means they are probably failing to appear and getting warrants even though they have no notice whatsoever,” she explained.
News 4 Tucson spoke with experienced criminal defense attorney Louis Fidel, who has no connection to the case involved.
Fidel said discretely changing defendant court dates could be a big problem.
“That type of confusion can have really devastating consequences for a defendant if they miss a court date,” he said.
If Judge Surhio is accurate that the defendants aren’t receiving any notification of the change, Fidel said it’s a bigger issue.
“Could be really, really, a big problem for people. It all comes down to the question of notice, do they get notice of the date that is being changed?” Fidel stated.
News 4 Tucson asked court officials that same question, we made an inquiry on Friday wanting to know why this procedure apparently was put in place and how many defendants have subsequently received arrest warrants after failing to appear at these suddenly altered court dates.
Court officials acknowledged receiving our inquiry but have yet to issue a response. Granted, court was closed Monday for the Labor Day holiday.
News 4 Tucson reached out to Judge Surhio directly, she gave us the following statement:
“I met with the Pima County Justice Court’s presiding judge. The issue has been addressed and resolved. I do not have any additional comment.”
We will update you as we learn more about the potential impacts of the decision and how it may have been resolved, per Judge Surhio’s response.
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