Meet the peace officer who enforces the NW Valley

By Philip Haldiman, Independent Newsmedia

When Mark House and Donna McCart heard the first knock on their window that Wednesday morning, they knew it was time to gather their things.

The second knock on the door and a voice from outside sealed the deal: “Maricopa County constable!”

They said the Department of Child Safety had taken their children away about three weeks earlier, emotionally paralyzing them, with Mr. House working only occasionally since then and Ms. McCart not recovering because their former roommates, she said, didn’t pay their share of the rent and made false allegations to DCS that they threatened their kids.

The facts that led them to this point were not fully known, but one thing was clear — the Phoenix couple was being evicted because they did not pay their rent.

But Ms. McCart said she was trying to stay present.

“It’s hitting all at once,” Ms. McCart said.

The couple put their shoes and sandals on, gathered what they could in their arms, including three kittens placed in a box and then covered with a towel, and made their way to the car.

And in an absolute act of finality, the apartment’s service manger changed the lock on the door.

Many people have missed payments and danced with eviction notices, but for Constable Michael Branham, who covers part of the West Valley, it is practically a daily experience, except from the other side of the table.

Evictions are often emotional, bringing tears to those who must leave, and they have the possibility to turn violent, but Mr. Brahnam, who has more than 40 years of law enforcement experience, exuded a temperament that was firm, but empathetic, calming a situation that could have led to confrontation.

There are no winners in evictions, especially when kids are involved, he said.

“It can be emotional for the defendant and sometimes for the plaintiff, but communication is the central key issue,” he said. “No one wants to have to leave their home, that is tough. But as the constable, my job is to make sure it happens calmly and efficiently. Of course, there is always the potential that things can go south, but experience helps with volatile situations. I’ve been there before. So does knowing you’ve got back-up if needed.”

Luis Marban, the service manager at the apartment complex where Mr. Branham served the eviction order, said being a constable isn’t an easy job. Mr. Marban understands what it is like to be evicted — during the recession, he lost his job, divorced his wife and was served eviction orders.

“Some of these people are just going through tough times. If they have a good attitude in a bad situation, they get some latitude. But if they have a bad attitude, there’s not much we can do about it. We will always try to accommodate, but sometimes there’s only so much we can do,” he said. “(Mr. Branham’s) job is tough. You have to numb yourself a little to do the job properly, but you also need to be fair.”

What does a constable do?

The constable is an elected position with a four-year term that many citizens might not be terribly familiar with. The position will be on the ballot for this year’s primary and general elections. Last September, Mr. Branham was appointed to the Arrowhead Justice Precinct, which includes Sun City, most of Peoria, Glendale, and part of North Phoenix, when Ron Myer stepped down after more than a decade of service as the constable. Mr. Branham has filed papers to run for the position this year and has been gathering signatures to get on  the ballot.

Constables perform executive duties for the justice courts in the county. They serve civil and criminal documents for the justice courts, which include civil lawsuits of $10,000 or less, landlord and tenant controversies, small claims cases and the full range of civil and criminal traffic offenses, including DUIs.

Other duties of a Maricopa County constable include summonses, subpoenas, orders of protection, injunctions against harassment, property seizures and writs of garnishment.

One thing the Arrowhead precinct deals with, more than evictions, which went up 13 percent last year in the Arrowhead pricinct and about 3 percent in Maricopa County, is warrants. They went up 3 last year in the Arrowhead precinct and about 7 percent in Maricopa County.

Warrants are issued by judges, giving a constable the authority to arrest, if needed. But Mr. Branham said his goal is to gain compliance so arrest isn’t needed.

He said there are many reasons a judge might issue a warrant, but one of the more common reasons is not paying traffic tickets. Residents can see if they have a warrant online at searchquarry.com/maricopa-county-warrant-search.

One of the constable’s jobs is to find those who have outstanding warrants.

If a resident has a warrant and is found, he or she could be arrested, but Mr. Branham said if the person comes forward, the county can work with them to become compliant, which could include waived costs.

“If you have been found guilty of a misdemeanor, you should come forward and get back to compliance. I want to get them to voluntarily present themselves in court, and there could be economic advantages in some cases,” he said. “Having a warrant out for your arrest isn’t fun. You’re always looking over your shoulder, so we want people to be good citizens and do the right thing.”

On the job

On that recent Wednesday, Mr. Branham served a total of three eviction orders, offered a homeless woman resources, and made an unplanned stop at a multiple-automobile accident to provide assistance, en route to investigate a blighted property.

He said each day brings different challenges.

Driving away from his third eviction, Mr. Branham received a call from a woman who stated she was the power of attorney for a 90-year-old Sun City veteran who had received an eviction order the previous week.

The challenge of that moment was finding a place for this man who had a number of health issues, so he wouldn’t end up on the street. Over the last few days, Mr. Branham had spoken with a number of organizations to help find temporary housing for the veteran.

Later that Wednesday, after speaking with the Veterans Administrations in Phoenix and Surprise, they were able to assist in temporarily placing the man in a hotel.

He said it was a good example of solving a problem with limited resources.

“I had to honor the eviction order, but I also needed to know that this gentleman, who had served his country, was taken care of and safe,” he said. “I think that is one of the things I like most about being the constable — trying to find the right resources and trying to make it work for each specific case.”

Evictions and warrants

Here are the evictions filed and warrants issued in the Arrowhead precinct and for all Maricopa County Justice Courts, 2015-17.

2015

Evictions

Arrowhead: 1,035

County:62,845

Warrants

Arrowhead: 992

County: 18,522

2016

Evictions

Arrowhead: 1,036

County: 61,965

Warrants

Arrowhead: 1,007

County: 18,721

2017

Evictions

Arrowhead: 1,175

County: 63,612

Warrants

Arrowhead: 1,040

County: 19,980

Source: Maricopa County

Your constable

Michale Branham is the constable for the Arrowhead Justice Precinct, which includes Sun City, most of Peoria, Glendale, and part of North Phoenix. He has 42 years of experience in law enforcement, including the Maricopa County Sheriff’s Office, the Peoria and Glendale police departments, as well as the police chief for the Youngtown Police Department. He also served as the assistant city manager at Surprise. The constable is an elected position who performs executive duties of the county and enforces civil and criminal court orders from the justice court. The position will be on the 2018 ballot.