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Last Post 20 Jun 2007 07:43 PM by  rdcoffinger
R-06-0038 Petition for Rule Changes in Rule 111, Rule 28, and 31.26
 6 Replies
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Author Messages
sjones
Posts:

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08 Nov 2006 01:37 PM
    PETITION FOR RULE CHANGES IN RULE 111, RULE 28, AND 31.26

    RULE 111, ARIZONA RULES OF THE SUPRME COURT, RELATING TO ISSUANCE OF PUBLISHED OPINIONS AND MEMORANDUM DECISIONS NOT FOR PUBLICATION BY THE SUPREME COURT AND COURT OF APPEALS, AND FOR DELETION OF REDUNDANT RULES 28, ARIZONA RULES OF CIVIL APPELLANT PROCEDURE, AND 31.26, ARIZONA RULES OF CRIMINAL PROCEDURE

    Richard D. Coffinger
    Attorney at Law
    6838 N. 58th Drive
    Glendale, AZ 85301
    State Bar No. 03040
    Phone: (623) 937-9214
    Fax: (623) 937-7072

    Filed November 1, 2006

    COMMENT PERIOD CLOSED AS OF MAY 21, 2007.
    PETITION REJECTED ON SEPTEMBER 6, 2007.
    Attachments
    pelander
    Posts:

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    16 May 2007 12:59 PM
    Hon. John Pelander
    Arizona Court of Appeals, Div. II
    400 W. Congress, Suite 302
    Tucson, AZ 85701
    (520) 628-6947
    (520) 770-3560 (facsimile)
    [email protected]
    Bar number: 004734
    Attachments
    jgemmill
    Posts:

    --
    21 May 2007 04:07 PM
    R-06-0038 Rules 111,28 and 31.26 Rules of the Supreme Court

    These comments are posted by John C. Gemmill, Chief Judge, Division One, Arizona Court of Appeals, State Courts Building, 1501 West Washington, Phoenix AZ 85007, 602 542-4828, [email protected]. These are my own comments, and are not made on behalf of anyone else.

    Judge Patricia Norris of our court has filed an opposition to this pending Petition which presumably will be posted to this website in due course. Because I agree with the comments and concerns expressed by Judge Norris, I join her and others in urging the Arizona Supreme Court to deny this Petition. I also offer the following additional comments. First, if the Supreme Court concludes that the Court of Appeals is not publishing enough of its decisions, the Supreme Court may consider revising the criteria for Opinions set forth in the rules. Second, to the extent there may be a perceived issue regarding accountability and public accessibility, both Divisions of the Court of Appeals are (as noted by Judge Norris) planning later this year to begin posting new Memorandum Decisions on their respective websites for a limited period of time. Third, if the Supreme Court perceives a need for litigants to cite our Memorandum Decisions, that issue will reportedly be raised by a Petition for rules changes to be filed in the near future by the State Bar, and the Supreme Court may consider the issue of “cite-ability” at that time. Fourth, although I appreciate many of the concerns raised by Mr. Coffinger and believe that the discussion of these issues is important and constructive overall, the particular rules changes proposed in the pending Petition are not, in my view, necessary and appropriate at this time.

    Thank you.

    John Gemmill
    ecrowley
    Posts:

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    22 May 2007 12:28 PM
    R-06-0038 Rule 111, Rules of the Supreme Court

    In the Matter of Petition For
    Change in Rule 111, Arizona
    Rules of the Supreme Court

    John A. Furlong, General Counsel
    Bar No. 018356
    State Bar of Arizona
    4201 N. 24th Street, Suite 200
    Phoenix, Arizona 85016-6288
    (602) 340-7241
    Attachments
    sjones
    Posts:

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    22 May 2007 03:59 PM
    R-06-0038 Rule 111, Rules of the Supreme Court

    In the Matter of Petition For
    Change in Rule 111, Arizona
    Rules of the Supreme Court

    Patricia K. Norris, Judge
    Arizona Court of Appeals, Division One
    1501 W. Washington
    Phoenix, AZ 85007
    Phone: (602) 542-4821
    Attachments
    sjones
    Posts:

    --
    22 May 2007 04:02 PM
    R-06-0038 Rule 111, Rules of the Supreme Court

    In the Matter of Petition For
    Change in Rule 111, Arizona
    Rules of the Supreme Court

    Ann A. Scott Timmer
    Vice Chief Judge
    Arizona Court of Appeals, Division One
    1501 W. Washington
    Phoenix, AZ 85007
    Phone: (602) 542-4821
    Attachments
    rdcoffinger
    Posts:

    --
    20 Jun 2007 07:43 PM
    Attached is my reply.

    Richard D. Coffinger
    Attorney at Law
    6838 N. 58th Drive
    Glendale, AZ 85301
    State Bar No. 03040
    Phone: (623) 937-9214
    Fax: (623) 937-7072
    Attachments
    Topic is locked