Patricia L. Cummins
14715 S. Camino Tierra Del Rio
Sahuarita, Arizona 85629
Rule amendment would require under Rule of the Supreme Court 123(g) that court clerks afford equal remote electronic access to court records to both counsel and self-representing litigants, including in Family Law cases.
Petitioner requests an emergency expedited amendment of Supreme Court Rule 123 which has been found to present an urgent matter of unequal provision of remote electronic access to records and filing privileges given to only attorneys in active cases, inclusive of Family Law Cases, while denying pro per litigants of the same. This situation presents compelling circumstances rendering the annual rule processing cycle inadequate. Equal remote electronic access and filing privileges to records must be provided to both parties immediately.
The recent Amended Statute, A.R.S 12-284.02 (see attachment ) has a delayed effective date of January 1, 2018, which does not provide immediate remedy for active cases where one party may be a Pro Per litigant, against an attorney, now.
The Department of Justice has a strong interest in ensuring that state and local courts provide every individual with the basic protections guaranteed by the Constitution and other federal laws, regardless of his or her financial means.
“We urge you to review court rules and procedures within your jurisdiction to ensure that they comply with due process, equal protection, and sound public policy. We also encourage you to forward a copy of this letter to every judge in your jurisdiction; to provide appropriate training for judges in the areas discussed below; and to develop resources, such as bench books, to assist judges in performing their duties lawfully and effectively.
The Arizona Supreme Court has the power to remedy this imbalance with an Expedited Order and an immediate effective date.
Thus the reason for the petition on expedited basis due to one party being denied.
Thank you for your consideration and assistance.
FILED: June 19, 2017
COMMENTS ON THIS PETITION ARE NOT CURRENTLY BEING ACCEPTED.
Motion for Expedited Consideration DENIED 6/22/2017.