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Last Post 20 May 2016 04:09 PM by  amykalman
R-15-0038 Rule 16.4, Rules of Criminal Procedure
 7 Replies
Author Messages
Marty Lieberman
New Member
Posts:1 New Member

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22 Oct 2015 04:43 PM
    R-15-0038

    Petition to Amend Rule 16.4, Arizona Rules of Criminal Procedure
    and
    Amended Petition to Amend Rule 16.4, Arizona Rules of Criminal Procedure

    Would require the trial court to ensure compliance with the prosecution's Brady and Rule 15.1(b)(8) disclosure obligations

    Petitioner:
    Marty Lieberman
    Maricopa County Office of the Legal Defender
    222 North Central Avenue, Suite 8100
    Phoenix, Arizona 85004
    (602) 506-8800 (ph)
    (602) 506-8862 (fax)
    marty.lieberman@old.maricopa.gov
    Az Bar No. 007442

    Filed: 10/22/2015

    Comments due on or before May 20, 2016.

    DENIED.

    Attachments
    Susan Pickard
    New Member
    Posts:9 New Member

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    15 Apr 2016 01:29 PM
    Committee on Limited Jurisdiction Courts
    Susan Pickard, Staff
    1501 W. Washington St., Ste. 410
    Phoenix, Arizona 85007
    (602) 452.3252
    spickard@courts.az.gov

    The Committee on Limited Jurisdiction Committee (LJC) has reviewed the proposed rule change R-15-0038 and opposes the petition. The petition is seeking a rule change to place the court in a position to “ensure” the state has met its discovery obligations by engaging in a “colloquy” with the prosecutor. The LJC finds this approach to be of limited value and inconsistent with prior rule changes which have put the discovery process in the hands of the parties without scheduled court actions.

    The proposal provides a meritorious discussion about the problems involved with discovery violations and the appellate issues that can ensue. However, the petition also correctly points out that the appellate courts affirmed in many cases the sanction determined by the trial court. While this does not condone discovery abuses it does shed light on the type of discovery violation and the type of sanction which may be appropriate given the nature of the violation.

    The LJC view is that to correct discovery violations the rules should be addressed as to hold prosecuting agencies or individual attorneys accountable in a meaningful way when there is a true abuse or violation. This would prove to be a reliable approach to discovery abuses. There is no practical courtroom approach for the court to “ensure” the prosecutor has provided complete discovery. There is no possible way the court can “ensure” the prosecutor has “searched its files” or “the investigating police agency’s files”. How would the court be able to determine if this is the case without clear violations of the separation of powers?

    In summary, the LJC sees this issue as one which should be addressed with appropriate sanctions for violations, not the court engaging in a prosecutorial function of ensuring discovery is complete.
    Elizabeth Ortiz
    New Member
    Posts:3 New Member

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    11 May 2016 02:44 PM
    Elizabeth Ortiz,
    Executive Director,
    Arizona Prosecuting Attorneys' Advisory Council,
    1951 W. Camelback Road, #202,
    Phoenix, AZ 85015;
    602-542-7222/phone,
    602-274-4215/fax,
    Elizabeth.Ortiz@apaac.az.gov;
    Bar No. 012838
    Attachments
    bcrMember
    New Member
    Posts:11 New Member

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    12 May 2016 01:10 PM
    John A. Furlong, Bar No. 018356
    General Counsel, State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016
    Telephone: 602-340-7236
    Fax: 602-416-7436
    patricia.seguin@staff.azbar.org
    Attachments
    Tennie Martin
    New Member
    Posts:3 New Member

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    12 May 2016 03:56 PM

    James J. Haas
    Bar No. 012162
    Maricopa County Public Defender
    620 W. Jackson, Suite 4015
    Phoenix, Arizona 85003
    (602)506-7711
    Attachments
    Patricia Schuler
    New Member
    Posts:12 New Member

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    18 May 2016 02:59 PM
    Hon. Sam Myers
    Criminal Department Presiding Judge
    Superior Court of Arizona, Maricopa County
    175 W. Madison Street
    Phoenix, AZ 85003
    Attachments
    Joseph Domanico
    New Member
    Posts:14 New Member

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    20 May 2016 01:44 PM
    WILLIAM G. MONTGOMERY
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 00032000)

    MARK FAULL
    CHIEF DEPUTY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBER 011474)

    domanico@mcao.maricopa.gov

    MARICOPA COUNTY ATTORNEY’S RESPONSE TO PETITION TO AMEND RULE 16.4, ARIZONA RULES OF CRIMINAL PROCEDURE
    Attachments
    amykalman
    New Member
    Posts:7 New Member

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    20 May 2016 04:09 PM
    ARIZONA ATTORNEYS
    FOR CRIMINAL JUSTICE
    PO Box 41213
    Phoenix, AZ 85080-1213
    TEL: (480) 812-1700
    Kevin D. Heade, AZ Bar #029909
    Headek@mail.maricopa.gov
    Josephine Bidwill, AZ Bar #031483
    Josephine@bidwillfirm.com


    Attachments


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