After Nearly Two Years, Cochise County Jail Plans Remain Tentative
By Fay Harvey
BISBEE, Ariz. — Cochise County recently reached a settlement regarding its jail district lawsuit, which stemmed from a disputed 2023 tax vote that allegedly disenfranchised more than 10,000 voters. However, the Arizona Attorney General’s Office has filed a motion to intervene, potentially complicating the county’s next steps.
Jail District Plans
In April 2021, the National Institute for Jail Operations conducted an assessment of the 40-year-old Cochise County Jail, concluding that the aging facility required millions of dollars in repairs. The report identified numerous safety and security issues, including non-functional fire alarm systems and insufficient space for staff and medical services.
Following extensive collaboration among the county sheriff’s office, county leaders, and public health, finance and safety experts, officials unanimously agreed that constructing a new jail was necessary. In May 2023, voters narrowly approved a 25-year, half-cent county sales tax to fund a new jail district, passing with 52% support.
The proposed project was divided into five phases, with completion anticipated by June 2029.
“The problems cannot be overcome with money. The facility is at its end of life,” said James Conlogue, a retired Superior Court judge and member of the Jail District Public Outreach team, in a county statement. “Our opinion was that we face this issue head on and form the district. We unanimously agreed a new jail is needed. The district and the sales tax should be put to the voters.”
After the Vote
One month after the sales tax approval, a group of Cochise County residents challenged the validity of the election results, arguing that more than 10,000 voters listed as inactive had not received ballots for the all-mail election. Initially dismissed by Cochise County Superior Court, the Arizona Court of Appeals ruled on June 25, 2023, that voters were indeed disenfranchised and should have been provided ballots regardless of their active or inactive status.
Recently the Arizona Attorney General’s Office filed a motion to join the legal proceedings against the county and jail district. Shortly afterward, the Cochise County Board of Supervisors voted to approve a settlement agreement. If finalized, the settlement would reimburse plaintiffs $130,000 for legal fees and terminate the voter-approved sales tax for the new jail district. A new special election regarding the jail district sales tax is scheduled for November, allowing both in-person and mail-in voting options.
Since its passage, the sales tax has generated approximately $18 million. County officials and legal counsel will determine whether these funds will still be applied toward building the new jail. However, final approval of the settlement and future project decisions remain contingent upon the court’s ruling on the Attorney General’s intervention.