Judge
José Luis Castillo, Jr. is the senior Justice of the Peace
in Pima County. He was first elected in September 1994. He is a former
public defense attorney who earned his B.A. (anthropology) and his J.D.
from the University of Arizona. He honorably served active duty in the
United States Marine Corps and thereafter in the Army National Guard.
He is a devoted father to his three children for whom he writes stories
and poetry. Among his interests are improving court access through the
use of technology, the architecture of Luis Barragán,
MesoAmerican archaeology and the romantic works of Gabriela Mistral,
George Eliot, Pablo Neruda and Kahlil Gibran. he has a passion for
preserving the history of the court
and particulary the courtroom called "Courtroom F".
The judge is one of a few fluently bilingual judges in the
State of Arizona. El juez habla español e fala um pouquinho
de português tambén. His other judicial concerns,
duties and responsibilities have included:
At This Justice Court:
• Presiding
judge (1999 - 2000 contested election) (2001 -
2002 contested election)
• Associate presiding judge (1997 - 1998)
• Founding judge for the Cholla Magnet School Satellite
Program. Actual cases (from speeding tickets to domestic violence to
DUI jury trials) are heard at Cholla Magnet High School. This program
allows TUSD students to see their 3rd branch of government first hand
without leaving their campus. The Court of Appeals, Div. 2 was invited,
by Judge Castillo in 2003, to hear oral arguments and sat in session at
Cholla that year.
• Environmental court judge (this assignment involved hearing
title 7/17 cases of the Pima County Code)
• Night Court Judge (2000 - 2001)
• Jury trial review judge (this assignment involved
determining every Friday which cases will be jury-tried within the
following 2 weeks) [1997 - 2002]. This assignment was created by Judge
Castillo to reduce the jury backlog by almost 40% in the period that he
administered it. Prior to the jury review system the court had predawn
hearings which were heard by all the judges at different times with
little coordination and minimal advance notice for the court's
calendar. Judge Castillo administered the jury trial review as a
judicial function thus he personally inspected each file to determine
if new charges had been filed, served and arraigned. He would also
determine if the case actually was jury triable. If evidentiary or any
other hearings needed to be set these issues were addressed as well.
The philosophy behind jury reviews was to address as many problems or
issues prior to the actual jury setting, ensure the oldest cases went
to trial or were dealt with by non-trial disposition and reduce the
time that an attorney is at the jury trial review. The latter point
reduced costs to the private client and to the taxpayer (for court
appointed cases.)
• Liaison to Teen Court/Teen Court Advisory Board (1996 - 2005)
• U of A College of Law clerking program (1996 - 2007)
• Chaparral College intern program (2003 - 2005)
At
Other Courts:
• City
of Tucson Special Magistrate (2004 - 2008)
• Superior Court Commissioner (1999 - present, appointed but
have not been called to serve)
• Superior Court Judge Pro Tem (1999 - present, appointed but have not been called to serve)
• Federal Court Pro Tem Magistrate, served once (1998)
For
the Tucson Community:
• Creator of
Courtztour 2000 (A walking tour and explanation
of the functions of the downtown courts for students: Federal Court,
General Jurisdiction [Pima County Superior Court], Limited Jurisdiction
Courts [Tucson City Court, Pima County Consolidated Justice Courts],
and the Arizona Court of Appeals). Educators: contact jcastillo@jp.pima.gov
As
an Author:
• Children's
Story Book Court a Power Point presentation on
the right to a jury of one's peers to: Drachman School, Turning Point
School, Lineweaver School and Castle Rock School.
• Judge's Journal, Castillo, Wallis-Honchar & Morales,
From E Complaints to E-Trials, Summer 2001.
Service to the Arizona
Supreme Court:
• Board member, Wendell Electronic Resource/Research website,
2004 - 2007
• Board member, Judicial College of Arizona, 2001 - 2006
• Moderator, 2004 & 2003 Arizona Judicial Conference
• Co-Chair (Limited Jurisdiction) Arizona Judicial Conference
2000 & December 1999
• Supreme Court of Arizona Advisory Committee on Alternative
Dispute Resolution (Jan. 1998 - July 1999)
• Judicial Ethics Advisory Committee - Arizona Supreme Court
(May 1998 - June 2001)
• 1998 Judicial Conference Committee, Arizona Supreme Court
• Publications Committee, Arizona Supreme Court (1997 - 1998)
And
. . .
•
Successful petitioner to modify Rule 31 of the Rules of the Arizona
Supreme Court (2002)
• Faculty / presenter:
·
New Judge Orientation (April, January 2004)
· Judicial Conference (June 2004)
· Family Center of the Conciliation Court (2002)
· Governor's Conference on Traffic Safety (1999, 2002, 2003)
· Small Claims Hearing Officer Training (1999, 2000)
• 1996 graduate
of the National Judicial College's National
Highway Traffic Safety Administration Faculty Development workshop [one
of 5 Arizona judges chosen for this workshop]
Judge
Castillo is the impetus behind former Local
Rule 1.6 (b) [settlement negotiations in criminal cases] (Click here to download complete
Local Rules), and the modification / rescission of 2 other
local rules in 2003, and the satellite court program (Cholla High
School, Global Courtroom, and Kino Hospital Small Claims Forum). In
addition, he has prepared various aids for jurors, defendants, judges
and attorneys such as:
•
Misdemeanor Compromise forms [form
# JP 246]. A misdemeanor compromise allows a party to drop
charges in certain offenses. Domestic Violence cases are not
misdemeanor compromisable.
• Pretrial statements for the defense and the state. [form # JP 247/ JP 248]. The pretrial
statement allows the parties to place each other on notice as to
witnesses, defenses and such. The failure to place the other side on
notice at least 20 days before trial may result in preclusion of the
evidence or the witness
• Juror notebooks
• Spanish D.U.I.
obligation / sentence forms
• Spanish Domestic
Violence obligation / sentence forms
• Judicial aides such as:
-Right to Jury
Trial Matrix (*note, the Matrix was pre-Derendal)
-Sua Sponte Chart
II.
WHAT TO EXPECT IN THIS COURTROOM
Expect innovation.
As an example, he envisioned and presided over this
court's first e-trial in April 2001. He pioneered the use of this
court's first electronically delivered decision in November 2002. Click
here to view one of this court's first paperless decisions. In
August 1997 this judge became the first Pima County Justice of the
Peace to use Powerpoint jury instructions. This judge has also employed
color to calm litigants and create a more juror-friendly atmosphere.
His former courtroom D was a neutral, light color therefore [the paint
and labor were at the judge's own expense].
This courtroom's
clock is set on universal coordinated time. There is a
5 - minute waiting period unless notice arrives in a timely fashion
that the party will be late. Parties should call 740-3505 if they
believe they will be late. The courtroom has publicly accessible
statute and rule books. This judge uses juror notebooks that he has
developed. This judge uses his own juror questionnaires.
The following is a quick overview of civil, civil traffic, criminal and
landlord-tenant cases.
Civil
General:
The judge will
likely ask if there is a potential for non-trial
disposition and may engage in settlement conferences or mediation prior
to or at the time of trial. Many parties have successfully settled
cases before this judge in this manner. Cases are tried before the
judge unless the parties have timely requested a jury trial. A jury may
only be had if statutorily authorized or if allowable under the common
law. The parties will be advised that the plaintiff goes first and has
the burden of proof. Hearsay, unless there is an exception, is not
allowed, so live body testimony is required. Parties representing
themselves are strongly urged to consult Daniel J. McAuliffe's or Prof.
Charles Marshall Smith's Arizona Civil Trial Practice for a
straightforward and understandable discussion of small claims and civil
practice.
Burden of
Proof:
The burden of proof
depends on the complaint (i.e. contracts =
preponderance of the evidence; fraud = clear and convincing) and is
upon the moving party.
Rules That
Apply:
The rules of
civil procedure and the rules of evidence.
Civil Traffic
General:
Assuming that both
parties timely appear, all photographs, charts, and
letters must be exchanged prior to the trial's commencement. The trial
is a relaxed-type of hearing in which the formal rules of evidence do
not apply. The officer goes first and the Defendant then may question
the officer. The defendant then testifies but the officer does not
question the defendant. In addition to a trial, the defendant has 3
choices:
A) Ask to go to
defensive driving school if otherwise eligible (only
one moving violation, and at least 2 years between each date of the
traffic violation - see A.R.S. 28-3392).
B) Plea responsible and pay the civil sanction and receive the
accompanying driving points on the license.
C) Plea "admit but explain"= "I committed the violation but I have a
good explanation". This plea may reduce the standard civil sanction but
the points still remain.
Burden of
Proof:
The burden of
proof is upon the state and it is by a preponderance of the evidence.
Rules That
Apply:
The rules of
procedure in civil traffic violation cases.
Criminal
Cases
General:
A victim has a right
to be heard concerning release, punishment and
restitution, if awardable. See ARS 13-4401 et seq. Unless the accused
is indigent and the state is asking for jail the court will not provide
an appointed attorney. Cases are tried to the judge unless the
defendant has timely demanded a jury trial. The following cases are
jury-triable, either by common law or by statute:
- conspiracy
- DUI
- conducting a gambling game
- herding/watering sheep/livestock on another's property
- indecent exposure
- reckless driving
- shoplifting
The order of
procedure for jury trials and other jury information is in the
courtroom.
Briefly, the
parties:
a) give a mini opening
b) select a jury which is then instructed and admonished.
c) present opening statements
d) present their case
e) hear the judge's stem final instructions
f) hear the judge read the remaining final instructions
A final note
about jury trials...
Juror survey results
reveal that jurors favor brevity, visuals and
preparedness. Your exhibits should be pre-marked, pre-done and
organized. In a D.U.I. case consider preparing a time-line. Remember to
avoid lawyerisms or unexplained terms (f.s.t.'s, h.g.n. etc). You may
want to look at the court's juror notebooks and notebooks for the
plaintiff/defendant. They are available for public viewing in Courtroom
F, by request, with the bailiff. If you intend to publish your admitted
exhibit, provide 6 extra 8 x 11 copies of the exhibit to the court by 4
p.m. of the business day prior to the jury. All jury instructions and
in limine motions are also due at the same time.
Burden of
Proof:
The burden of
proof is upon the state and it is beyond a reasonable doubt.
Rules That
Apply:
The rules of
criminal procedure, the rules of evidence and the local rules.
Landlord/Tenant
General:
This judge will
determine if there are any oral counterclaims/defenses
and whether all parties waive their right to a jury. A counterclaim
exists when the defendant counter-sues the plaintiff and asks for
damages. The counterclaim must be based on rent. The complaint must be
timely; thus, the judge will examine the 5 or 7 day notice and hold the
plaintiff to the actual notice served. The proper party must be before
the court (property managers, powers of attorney, and partners
representing a partnership are not real parties in interest). The
summons and complaint must be properly and timely served as well.
The
landlord (unless it is a counterclaim) has the burden of proof and it
is by a preponderance of the evidence.
Rules That
Apply:
The rules of
civil procedure and the rules of evidence.
III. TO CONTACT
THIS JUSTICE OF THE PEACE
Judge Castillo is
available at jcastillo@jp.pima.gov
or (520) 740-3506 or by fax at (520) 798-1842 or at 115 N. Church 2nd
Floor, Tucson, AZ 85701
IV.
WHAT IS A JUSTICE OF THE PEACE?
A Justice of the
Peace is an elected judge that serves in a court of
limited jurisdiction ( also known as a lower court). The justice of the
peace is the only elected judicial position in Pima County.
The jurisdiction of
the Justice Court includes determining probable
cause to stand trial in felony preliminary hearings, deciding eviction
matters in landlord-tenant cases, adjudicating criminal misdemeanor
charges, resolving civil law suits up to $10,000.00 and hearing traffic
matters of a civil nature [speeding and parking tickets mostly].
V. WHAT ARE THE
BORDERS OF JUSTICE PRECINCT #2?
As
of 2004:
On the south the
boundary is Hughes Access Road from the Nogales
Highway to Wilmot Road including all of Davis Monthan Airforce Base,
then East on Irvington Rd up to Houghton, then -- Northwest on Pantano
Parkway and then West to Golf Links Road. The precinct borders then go
North on Craycroft Road up to Broadway Blvd. where it turns west until
Country Club Road. At that point the boundary stretches North up to 6th
Street, then west at Kino, then South up to South Ajo Way. At Ajo Way
and Kino the Precinct runs West to 6th Avenue, then South to Irvington
Road. The precinct turns East on Irvington Road to Country Club Rd.
where it runs south to Valencia. On Valencia Precinct 2 turns West to
the Nogales Highway.
Justice Precinct 2
encompasses all of Reid Park and the totality of the
Tucson International Airport
Prior
to 2004:
On the south the
boundary is Hughes Access Road from the Nogales
Highway to Wilmot Road including all of Davis Monthan Air Force Base.
At Craycroft and Broadway the northern border runs to 1-10. On the west
it is 1-10 up to South 12th to Irvington.
Justice Precinct 2
encompasses the city of South Tucson, all of Reid
Park and the totality of the Tucson International Airport
*
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