AZ Supreme Court considers limits of judicial immunity and the right to redress at EAC

The Arizona Supreme Court heard oral arguments in two cases during an appearance at Eastern Arizona College's Lee Little Theater Thursday, Nov. 21, 2024. They were joined by Graham County Superior Court Judge Michael Peterson, right, during questioning in the second case. - David Bell Photo/Gila Valley Central

THATCHER — Elementary to college students, along with interested adults, had the chance to see the state’s high court in action, live and in-person Thursday at Eastern Arizona College.

In the college’s Lee Little Theater, the state Supreme Court heard oral arguments in two cases — Roebuck v. the Mayo Clinic, and Garibay v. Johnson and Fox.

Chief Justice Ann Scott Timmer said the Supreme Court will hear cases outside Maricopa County a few times each year in an effort to make the public aware of how the court operates.

“It’s a pretty high goal to better educate the public on the workings of the court, and be more transparent, so they have a real understanding. And with a real understanding, they’ll realize what a great court system they have — I hope — and that they will be cognizant of that when unpopular decisions come down,” Timmer said.

In Roebuck v. the Mayo Clinic, the plaintiff argued that despite a declaration of emergency — in this case the Covid pandemic — those harmed by a medical action or decision still had the opportunity for legal redress. The plaintiff argued that by increasing the base of action from simple negligence to gross negligence, the right to bring action becomes abrogated.

In Garibay v. Johnson and Fox, the plaintiff argued that a constable is not entitled to judicial immunity when gross misconduct occurs during the service of the constable’s duty. In this case, it’s alleged a constable was under the influence when serving an eviction notice on an armed tenant, who opened fire, killing four people.

The defense argued the manner of service does not abrogate immunity, and that a judicial officer only loses immunity when exceeding the scope of duties.

Graham County Superior Court Judge Michael Peterson, who hosted the justices, joined the high court for the questioning of the attorneys in Garibay v. Johnson and Fox.

After the arguments were heard, the high court took questions from the audience unrelated to the two cases.

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