Top city judge in Tucson will not seek reappointment

Published: Sep. 20, 2023 at 5:43 PM MST
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TUCSON, Ariz. (13 News) - Tucson’s top city judge, Anthony Riojas, Jr., is not seeking reappointment after more than two decades on the bench.

This comes just weeks after the City Magistrate Merit Selection Commission, which reviews judges’ performances every four years, issued a recommendation not to reappoint him to another term over concerns he denied some defendants the legal right to counsel.

The Commission’s report shows the issue centers on recent criticism of the judge’s court policy to not provide legal counsel to mostly DUI defendants during arraignments over staffing concerns with the public defenders’ office.

Riojas defended his decision to the commission, saying he felt he had the right to impose such a policy.

Riojas is also the presiding magistrate judge who oversees initial court appearances in Pima County.

Pima County Supervisor Matt Heinz sent Mayor Regina Romero and councilmembers a letter on September 18th, saying he strongly supports the commission’s recommendation.

He wrote, “As the commission notes, the fact that Judge Riojas was either unaware of this of this basic Constitutional requirement or chose to ignore it, are both disqualifying for reappointment.”

He added, “Just as consequentially, Judge Riojas has presided over a broken Initial Appearance process for more than a decade.”

13 News Investigates interviewed Riojas for the investigative series on shortfalls in the criminal justice system, which included IA hearings.

13 News Investigates reached out to Judge Riojas but hasn’t heard back from him as to why he’s made the decision not to seek reappointment.

What happens now?

The mayor and council left the reappointment item on Tuesday’s agenda to move forward with recruiting and appointing a magistrate to take over his role.

A city spokesperson says, “Riojas is entitled to hold over his position as Magistrate until such a time as his successor is chosen and appointed.”

Riojas is also the presiding magistrate judge who oversees initial court appearances in Pima County.

13 News interviewed Riojas in our investigative series on shortfalls in the criminal justice system, which included IA hearings.

It’s now up to presiding Superior Court judge Jeff Bergin to determine whether Judge Riojas will continue his administrative assignment during this hold over period.

Related 13 News Investigations are below:

Reform With Few Results: Pima County jail population continues to rise despite decade-long effort

Reform with Few Results: Pima County can’t prove criminal justice reform is working

Reform with Few Results: Another critical gap involving judges revealed in Pima County’s criminal justice reform shortfall