Ex-Tombstone City Attorney Seeks Set Aside Of Domestic Violence Convictions After Only Six Months

P. Randall Bays
City Attorney P. Randall Bays

Just six months into a three-year term of supervised probation, former Tombstone City Attorney P. Randall Bays is asking a judge to terminate a probation order issued in June and set aside the attorney’s convictions related to a March 2019 domestic violence incident during which Bays’ ex-wife suffered a broken wrist.

Judge James Marner has scheduled a Dec. 17 hearing to consider Bays’ Dec. 4 application for early termination of probation despite the fact the longtime attorney has served only one-sixth of the term imposed by Marner after Bays, 61, pleaded guilty earlier this year to aggravated assault and unlawful imprisonment, Class 6 felonies under Arizona’s domestic violence statute.

Marner, a Pima County judge, has presided over the case due to conflicts with having a Cochise County judge hear the matter. An outside prosecutor has also been utilized at the request of Cochise County Attorney Brian McIntyre. As of press time no response to Bays’ application had been docketed by Special Prosecutor Elizabeth Ortiz.

Bays also served 30 days in jail as part of the same sentence and was ordered to pay more than $10,000 in victim restitution and court fines. His plea deal allows for the convictions to be designated as Class 1 misdemeanors at the discretion of the court once probation is completed and all court fines and restitution have been paid.

Defense attorney Joseph DiRoberto says Bays has made those payments.

State law allows a judge to grant early termination of probation “if in the court’s opinion the ends of justice will be served and if the conduct of the defendant on probation warrants it.” And if Bays’ convictions are reduced to misdemeanors then he has asked Marner to set aside the convictions.

In Arizona, a defendant can request a set aside, commonly referred to as an expungement, which in Bays’ case would formally remove the two domestic violence convictions from his criminal record. One apparent result of a set aside in Bays’ case is that he would regain his right to possess firearms.

DiRoberto advised the court Bays was recently granted sole custody of his children and wants to end probation now due to an impending move to Florida. The application states the Federal Probation Office, which is handling Bays’ case, does not object to the early termination.

As the victim in the case, Bays’ ex-wife has a right under the Arizona Constitution to comment on the request. The final decision, however, is left to the judge who could grant the early termination of probation but not approve Bays’ other requests at this time, or reject all parts of the application at this time.

Court records show Bays is currently on inactive disability status with the State Bar of Arizona.

“This lawyer is currently unavailable to provide legal services,” a notice states. “This lawyer is incapacitated due to a condition that affects their ability to practice law.”