Go to previous topic
Go to next topic
Last Post 09 May 2009 03:58 PM by  jmillet
R-09-0002 Petition to Amend Civil Traffic Rule 10
 1 Replies
Author Messages
judgea
Posts:

--
08 Jan 2009 05:06 PM
    R-09-0002

    PETITION TO AMEND RULE 10, CIVIL TRAFFIC VIOLATION CASES

    WOULD AUTHORIZE INTERACTIVE AUDIO VISUAL APPEARANCE AS PARTY OR WITNESS

    Hon. George Anagnost
    Peoria Municipal Court
    8401 W Monroe St.
    Peoria, AZ 85345
    623-773-7420
    623-773-7407
    ganagnos@courts.az.gov

    Filed January 8, 2009

    ADOPTED, effective January 1, 2010.
    Attachments
    jmillet
    Posts:

    --
    09 May 2009 03:58 PM
    I support this proposed amendment, with the following changes:

    Any reference to defendant should also reference defendant's counsel.

    Defenses based on identity should not be waived by a telephonic appearance. If a defendant raises a defense based on identity, the court can already set a later hearing and require the defendant's presence to asser the defense.

    The rule should not explicitly grant courts the authority to require defendants to post the total amount of sanctions to appear telephonically. Many defendants are unable to pay the entire amount of their fine and make payment arrangement after the fine is imposed, making this appearance impractical for such defendants. The authority to impose this requirement would also have a disparate impact on out-of-state defendants or defendants in rural counties, where traveling to an appearance often requires more than an hour.

    Jonathan A. Millet, Esq.
    125 North Granite Street
    Prescott, Arizona 86301-3001
    (928) 445-0122


    ---