Board of Supervisors v. Traficanti
Board of Supervisors v. Traficanti
Opinion of the Court
This is an application‘for a Writ of Prohibition to prohibit the Superior Court in Pima County from proceeding further in Superior- Court case No. 65143 (Alexander J. Traficanti, Petitioner v. The Board of Supervisors of the County of Pima, et al.). Honorable John F. Molloy presiding as
On the last mentioned date petitioners appeared in court before Honorable Raul H. Castro. He found the petitioners, as members of the Board of Supervisors of Pima County, guilty of contempt for failure to follow the mandate of the peremptory writ and ordered that they might purge themselves of such contempt by filing a certified list of jurors as required by the writ, and set the matter for further hearing. Petitioners then filed their application for a Writ of Prohibition in this court.
Since the order of Judge Castro holding petitioners in contempt for failure to obey the mandate of the peremptory writ, the Arizona Legislature has met and enacted Chapter 1, 25th Legislature, 1st Regular Session, effective February 10, 1961. This Act amends Section 21-301, supra, to re- ' quire only a list “contain [ing] the names of persons qualified to be jurors at least equal in number to fifty per cent of the votes cast in the county for all candidates, for governor at the last preceding general election”.
Since the act which the court, through Judge Molloy, ordered the Supervisors to perform in October is not now a requirement of law, the question of compliance therewith has become moot. It is therefore ordered denying the application for Writ of Prohibition.
Reference
- Full Case Name
- BOARD OF SUPERVISORS OF the COUNTY OF PIMA, State of Arizona, and Lambert Kautenburger, Thomas S. Jay and Dennis B. Weaver, Constituting the Members of Said Board v. Alexander J. TRAFICANTI, the Superior Court of the State of Arizona in and for the County of Pima, and the Honorable Raul H. Castro sitting as Judge of said Court
- Status
- Published