Foster, who was ousted from the office of Mayor of Quartzsite following a recall election on August 30, 2011, was evidently sent a summons by the court, but it was returned unclaimed by the Post Office.
According to Quartzsite Police, Foster had personally obtained copies of the file, including the summons, from the magistrate court prior to the hearing at which he failed to appear. Foster allegedly admitted to the Court staff that he did have a copy of the summons.
Foster alleges that he complained to the State Bar of Arizona that Town Attorney Martin Brannan had acted in violation of the Arizona Rules of Professional Conduct by bringing the charge of nonfeasance in public office against him. In spite of this apparent knowledge, Foster allegedly denied that he had notice of the summons to a clerk of the Quartzsite Magistrate Court. Additional charges of violating a court order and failing to appear as required are under consideration.
According to various reports, Foster was visiting family out of state at the time of the hearing.
