8/11/2019 2010_01_27_WIlcox Order Denying Special Prosecutor

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9/27/2014 Media Relations and Community Outreach: Court Rulings Entry

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The Judicial Branch of Arizona, Maricopa County

Media Relations And Community Outreach > Court Cases > Rulings

Court Rulings

Honorable Special Master Ruth McGregor

Filed:1/27/2010 Case Number:CR2009-007892

Plaintiff Prosecution

State of Arizona Deputy County Attorney

Lisa Aubuchon

Paul Kittredge

v.

Defendant Defense

Mary Rose Wilcox Colin Campbell

ORAL ARGUMENT

State's Attorney: Paul Kittredge & Lisa Aubuchon Defendant's Attorney: Kathy OMeara Defendant: Present Court Reporter: Kim McAndrews

This is the time set for oral argument on States Motion to Approve Appointment of Special Prosecutors and States Motion for Inquiry by

Special Master.

States Motion to Approve Appointment of Special Prosecutors is argued.

IT IS ORDERED taking the matter under advisement.

States Motion for Inquiry by Special Master is argued.

IT IS ORDERED denying the motion.

9:27 a.m. Matter concludes.

Later:

After consideration, the Special Master concludes that the Arizona Supreme Courts Administrative Order 2009-124 does not confer

jurisdi ction upon the Special Master to appoi nt a special prosecutor.

The State and these Defendants appear to agree that, in extraordinary circumstances, the Court can exercise its inherent authority to

appoint a special prosecutor. The State, however, filed this motion directly with the Special Master rather than bring an action requesting

that the Court appoint a special prosecutor. As a result, there exists no pending action that the Special Master can refer to a judicial officer

for consideration.

The State also asserts that the Board of Supervisors abused a ministerial duty conferred upon it by A.R.S. sec. 11-493.B.1 when it refused

to consent to the Maricopa County Attorneys request to appoint special deputy county attorneys. The States motion, filed in this criminal

action and seeking relief in the nature of mandamus, provides no basis for the Special Master or the Court to exercise jurisdiction.

Because the Special Master lacks jurisdiction to consider the Motion to Approve Appointment of Special Prosecutors,

IT IS ORDERED dismissing the motion.