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“I’m a big believer in government serving people.”
The Honorable Judge James Hazel – the sole magistrate presiding over the OV Town Court – is a judge’s judge:
“Every decision has to follow the law and due process. Regardless of who the person is, there must be a rule of law.”
But don’t take our word for it: You can watch a real-time livestream of Justice Hazel and Town Court proceedings here.
When you’re the only judge in the Town, you have to be on call 24/7. If OVPD arrests a suspect at 2am and a hearing is required, Judge Hazel is out of bed.
“I don’t mind: that’s my job. And I’m too old for beauty sleep,” he jokes.
(Video conferencing saves the judge from having to physically go to the courthouse at 2am.)
Given the size of our community, OV has a small courthouse staff, consisting of:
One magistrate has proved sufficient to hear the various cases that come before the Town Court, which has jurisdiction in the following areas:
Any cases that fall outside the Town’s jurisdiction are referred to the Tucson courts. These include:
As we interviewed Judge Hazel, we found that he consistently speaks of his role in terms of what he refers to as “justice for everyone.”
“In our country’s past, the judicial system was used to discriminate against certain citizens. But the systems of laws and rules that govern what we do are not subject to discretion; they require that every person be treated the same. We are one of the few countries that uphold this standard today.”
In popular media, judges are typically depicted as spending all their time sitting behind the bench. But there is a critical research component, as well.
Our Town judge has to be able to adjudicate cases in any area of law that is presented to him on the bench.
As such, Judge Hazel spends many hours every week researching and reading through relevant cases and the most recent legislation to make his decisions.
“The law is always in flux,” he says.
Once upon a time, lawyers had to search through endless tomes in a legal library to find the most current law. Today, lawyers use the search engines Westlaw and Nexis-Lexis. Hazel uses Westlaw for his research (“For an old person, I’m pretty good with technology,” he jokes.)
We asked the judge if it’s challenging to hear some cases.
“I don’t see it as a challenge; I see it as my job. Judges need to separate themselves personally from what they are doing. If I make a decision that sends someone to jail, I am acting under the authority of the law. It is not me doing it personally…I have a job to do.”
According to our Town justice, a judge cannot afford to be a people-pleaser:
“Judges can never make everyone happy. And if it involves litigation, one side will always be unhappy. You will never be a good judge if you try to keep everyone happy.”
Judge Hazel observes that “little crime comes from OV itself.” He adds that the Town’s proximity to major urban areas means that more criminals enter the area than in neighboring Catalina or Saddlebrook.
When criminals get caught in OV, Judge Hazel says, “they don’t want to come back.”
(OVPD once found a map in the car of some gang members with a big red circle around OV and the words “DON’T GO HERE!”. This gem of local police lore was recounted by June 2023 Citizen of the Month Police Chief Daniel Sharp.)
OV does have a holding facility, but not a full-on jail. The City of Tucson administers the jails for the region.
Judge Hazel would love it if he never had to see the same criminal defendant appear before him a second time. He is eager to keep new offenders from getting caught up in the cycle of recidivism that is so prevalent in the criminal justice system.
As such, Judge Hazel is often amenable to the possibility of restitution, which is a form of restorative justice where the offender – instead of going to jail – works to repair the damage done to aggrieved parties and the community. The idea is that making the injured party right is a more positive way of addressing a crime than locking someone up.
“Jail is expensive, and we would rather have people doing better things.”
“We try to find a solution for each person. Some people might need AA, while some can afford better treatment. Some people can afford a fine. Some people can benefit from having to help clean up public spaces.”
Judge Hazel saw the benefit of restorative justice in Apache Junction Community Service Court, where defendants would engage in projects like cleaning storm areas as an alternative to incarceration.
“It’s all about working to find solutions so that people can do something for the community.”
A person cannot be penalized just for being an addict or alcoholic — there has to be some wrong action. But at least half of crimes tend to involve intoxication and/or addiction.
“Our goal with any kind of alcohol or drug treatment is to get people well so they will not re-offend.”
Judge Hazel works with a probation officer to make sure that defendants comply with their sentencing, such as completing mandatory, state-certified alcohol classes, AA/NA meetings, and/or mandatory treatment.
“I listen to these individuals carefully and try to make them accountable.”
The judge and his wife – who retired as a judge from Pinal County Superior Court in 2022 — moved from Ohio to Arizona for the same reason as most of us: better weather. (“Before I had kids, and before I lost an eye and my golf game went to heck!”)
He and his wife have five adult children, and the apple doesn’t fall far from the tree: His oldest son is a law school graduate who now teaches law internationally.
Judge Hazel attended the University of Toledo School of Law. At that time, law students were required to stand in front of the class and survive a grilling by the professor. He believes that “a legal education is never wasted whether you practice or not.”
The town magistrate is appointed by the City Council on a four-year term basis. Judge Hazel is carrying out his first term in the OV Town Court.
Before coming to Oro Valley, Judge Hazel served as presiding judge for the Apache Junction Municipal Court in Apache Junction, Arizona, since 2008. Prior to his service with Apache Junction, he was judge for the City of Mesa from 2003 to 2008, and judge of the Arizona Superior Court in Gila County from 2002 to 2003.
Earlier in his legal career, Judge Hazel served as a prosecutor for the City of Phoenix for two years, and worked as a defense attorney for 10 years.
He was regularly retained by the Arizona Superior Court to serve as a pro tem (temporary) contract public defender. (This is sometimes done by the court to save money, or when the P.D.’s office is under-staffed.)
Having served as both a prosecutor and defense attorney, Judge Hazel is well-versed in the process of negotiation that takes place between prosecution and defense attorneys. He has seen how many different lawyers operate.
“If you scream at everyone and call them names, you’re probably not going to get anywhere…I’m a big believer in intelligent, active listening and communication…
“I always had good relations as long as the other attorneys showed professionalism and respect. I had a job to do. I answered my oath as an attorney to uphold the law.”
“I always believe it is a wonderful privilege to be a lawyer and uphold the Constitution and make the community better. I take a lot of pride in this. In my courthouse we want everyone to feel that this is an open process.”
Justice Hazel truly enjoys the opportunity to talk at local schools. He also helps teach the Public Safety class at the OV Community Academy.
Academy attendee Michael Burns reports: “Judge Hazel’s engaging presentation at the Oro Valley Community Academy provided valuable insights into our local judicial system. His clear explanation helped me understand how our municipal court serves residents and integrates with Oro Valley’s broader governance structure and OVPD.”
“On the bench, I represent the Town,” says Judge Hazel. “There’s no ego. I am willing to help the Town succeed in any way possible.”
By Tom Ekman, J.D., M.Ed
