Cochise County Judge Turns Down Mayes and Fontes, Throws Out Jail District Lawsuit

By Matthew Holloway |

Cochise County’s plans for a new jail district election received a boost Tuesday when Visiting Judge Michael Latham dismissed a lawsuit aimed at blocking the election. The judge also denied a motion by Attorney General Kris Mayes and Secretary of State Adrian Fontes to intervene.

Judge Latham emphasized that holding the election is “the most effective and efficient way” to resolve the issues presented in the case, reaffirming the Cochise County Board of Supervisors’ authority in the matter.

Timothy La Sota, representing the Board, hailed the ruling. He stated, “Cochise County once again prevailed in court in its efforts to protect the citizens. The Board has agreed to hold a new election due to serious flaws in the previous one, which left nearly 11,000 eligible voters without ballots.” He criticized statewide officials for undermining local governance, noting their repeated failures in court.

The dispute centers around a 2023 excise tax intended to fund the construction of a new jail. An earlier mail-in ballot election approved the tax but was invalidated by an Arizona appellate court, which pointed out that ballots were not sent to inactive voters and that no polling places were opened.

Prior to the lawsuit, the Board had already decided to conduct a new election. Despite the flawed earlier election, the tax took effect, accruing around $18 million so far. The Board also agreed to a settlement with the plaintiffs for $130,000 to cover legal fees.

The current jail, over forty years old, is plagued with issues, including failing infrastructure and an outdated security system. Supervisor Kathy Gomez expressed concern over safety, stating, “I am terrified of somebody dying under my watch with no fire alarm.”

Commander Kenneth Bradshaw of the Cochise County Sheriff’s Office echoed the need for a new facility, stating, “Everybody agrees that we need a new jail. It’s just a matter of how we get there.”

Voters will have the final say on this critical issue, with early voting starting on October 8 and continuing until Election Day in 2025. Statements regarding the tax must be submitted by August 6, and informational pamphlets will be mailed to voters by September 30.