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Last Post 30 Jun 2017 03:11 PM by  Diana Cooney
R-16-0046 to Amend Appendix to Rules of Criminal Procedure
 6 Replies
Author Messages
Diana Cooney
New Member
Posts:10 New Member

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14 Dec 2016 03:12 PM
    Petition to Amend Appendix to Arizona Rules of Criminal Procedure:

    Would amend Form 4(a), Appendix to Arizona Rules of Criminal Procedure, to create a uniform risk assessment form to assist courts making a lethality determination in a domestic violence charge.

    To protect the rights and safety of domestic violence victims, and to promote the effective administration of justice, the Arizona Prosecuting Attorneys’ Advisory Council (APAAC) petitions this Court to adopt the attached form as an Addendum to Form 4(a) in the Appendix to the Arizona Rules of Criminal Procedure.

    In determining the conditions of release or amount of bail for a criminal defendant, a judicial officer must consider, among other things, “[t]he results of a risk or lethality assessment in a domestic violence charge that is presented to the court.” A.R.S. § 13-3967(B)(5). To aid judicial officers with this task, law enforcement agencies around the state have developed forms to document and present the results of such assessments, with the result that different forms are used in each county.

    At the request of the Administrative Office of the Courts, the Commission on Victims in the Courts, the Committee on the Impact of Domestic Violence and the Courts, and APAAC assembled a working group to examine how lethality assessments are used in the criminal justice system in Arizona. A group including recognized experts in the field has worked together to create the attached risk assessment form, combining the research of the experts and the input of the other members of the group. (The risk assessment form is contained on page 1 of the attachment, while the rest of the document explains the form.)

    The form will provide a great benefit by ensuring uniformity throughout the state. Law enforcement agencies will be encouraged to implement statewide policy in a uniform manner. Judicial officers will receive a form they are familiar with, no matter which law enforcement agency has investigated a case.

    Even more importantly, the form is beneficial because it is backed by research and statistically validated to predict dangerousness to victims. In that regard, it will benefit courts, victims, and defendants alike.

    CONCLUSION:
    Because the attached form will help law enforcement agencies to communicate information necessary to assist the courts to protect victims and do justice, APAAC urges this Court to adopt the form as the model assessment to be used as an Addendum to Form 4(a) in the Appendix to the Rules of Criminal Procedure.

    RESPECTFULLY SUBMITTED this 14th day of December, 2016.

    ELIZABETH ORTIZ
    EXECUTIVE DIRECTOR
    ARIZONA PROSECUTING ATTORNEYS'
    ADVISORY COUNCIL (APAAC)
    1951 WEST CAMELBACK ROAD, SUITE 202
    PHOENIX, ARIZONA 85015
    602-542-7222
    602-274-4215
    Elizabeth.Ortiz@apaac.az.gov
    (BAR NO. 012838)


    Filed: December 14, 2016
    Comments due May 22, 2017.

    ORDERED: Petition to Amend Appendix to Arizona Rules of Criminal Procedure=CONTINUED until further order of the Court.

    ORDERED: Petition to Amend Appendix to Arizona Rules of Criminal Procedure=ADOPTED as modified, effective April 2, 2018.
    Attachments
    Aaron Nash
    New Member
    Posts:6 New Member

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    07 Mar 2017 10:41 AM
    Hon. Juan Pablo Guzman, President
    Arizona Association of Superior Court Clerks
    P.O. Box 1265
    Nogales, Arizona 85628
    520-375-8133
    nasha@cosc.maricopa.gov

    The Arizona Association of Superior Court Clerks recommends modifying the proposed form to highlight for law enforcement, the court, and clerks that this form is non-public. For the safety and privacy of victims, the lethality assessment should be clearly marked as a confidential record and routed between probation officers, law enforcement, and the court accordingly and as directed in Arizona Supreme Court Rule 123(d)(2)(A) and (B).
    Susan Pickard
    New Member
    Posts:9 New Member

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    01 May 2017 03:33 PM
    Susan Pickard on behalf of
    Committee on Limited Jurisdiction Courts
    Judge Antonio Riojas, Chair
    spickard@courts.az.gov
    602.452.3252

    On April 26, 2017, the members of the Committee on Limited Jurisdiction Courts unanimously voted to approve the motion to support this rule petition.
    Denise Lundin
    New Member
    Posts:2 New Member

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    03 May 2017 09:08 AM
    At its March 3, 2017 meeting, the members of the Commission on Victims in the Courts voted unanimously to support this petition to amend as proposed by the Arizona Prosecuting Attorneys' Advisory Council.
    Denise Lundin, Staff to Commission on Victims in the Courts
    Hon. Ronald Reinstein (Ret.) Chair.
    Kay Radwanski
    New Member
    Posts:9 New Member

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    03 May 2017 09:47 AM
    Kay Radwanski on behalf of the
    Committee on the Impact of Domestic Violence and the Courts
    Judge Wendy Million, Chair
    kradwanski@courts.az.gov
    602.452.3360

    The Committee on the Impact of Domestic Violence and the Courts supports this rule petition, with the caveat that protocols regarding victim safety, connection to victim services, and confidentiality be robust and emphasized in both training and in practice. Additionally, CIDVC advocates that the training and protocols emphasize connecting victims to services in cases where the perpetrator is arrested and even in those cases where there may not be probable cause to arrest.
    State Bar of Arizona
    New Member
    Posts:26 New Member

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    22 May 2017 05:14 PM
    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    patricia.seguin@staff.azbar.org
    Attachments
    Diana Cooney
    New Member
    Posts:10 New Member

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    30 Jun 2017 03:11 PM
    ELIZABETH ORTIZ
    EXECUTIVE DIRECTOR
    ARIZONA PROSECUTING ATTORNEYS'
    ADVISORY COUNCIL (APAAC)
    1951 WEST CAMELBACK ROAD, SUITE 202
    PHOENIX, ARIZONA 85015
    PHONE #602-542-7222
    FAX #602-274-4215
    Elizabeth.Ortiz@apaac.az.gov
    (BAR NO. 012838)

    Pursuant to Rule 28 of the Rules of the Arizona Supreme Court, the Arizona Prosecuting Attorneys’ Advisory Council (“APAAC”) supplements the petition filed in December, 2016, to adopt a risk assessment form as an addendum to Form 4(a), Arizona Rules of Criminal Procedure. Because the Supreme Court’s Rules Forum received several comments to the filed petition, all in support but some offering suggestions, APAAC will briefly respond to those comments in the supplemental petition filed here with a revised Form 4(a) addendum.
    Attachments


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