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NEW! The Court acted on many pending rule petitions at its recent Rules Agenda.  

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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 
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Last Post 11 Jun 2008 11:12 AM by  lkoschney
R-08-0005 Rule 4.1 - Rules of Criminal Procedure
 7 Replies
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Author Messages
MohavePD
Posts:

--
09 Jan 2008 12:37 PM
    R-08-0005

    AMENDMENT OF RULE 4.1 OF THE ARIZONA RULES OF CRIMINAL PROCEDURE

    TO ESTABLISH AND CLARIFY THE PROCEDURE FOR PROVIDING COUNSEL AT INITIAL APPEARANCES

    Petitioner:
    Dana P. Hlavac
    Committee: Arizona Public Defender Association
    Mailing Add.: PO Box 7000
    Kingman, AZ 86402-7000
    Phone: 928-753-0734
    Fax No.: 928-753-0793
    E-mail: dana.hlavac@co.mohave.az.us
    Bar no.: 016950

    Filed January 9, 2008

    Comment period closed as of May 20, 2008.

    REJECTED by order dated September 16, 2008.
    Attachments
    kmccoy
    Posts:

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    10 Mar 2008 03:26 PM
    Kathy McCoy
    Municipal Court Judge
    Kingman Municipal Court
    219 N. Fourth St.
    Kingman, AZ 86401
    (928)753-8193

    This petition as written would require counsel at all misdemeanor and felony initial appearances 7 days per week. In limited jurisdiction courts, counsel in not usually appointed for misdemeanors at the initial appearance. Not all cases are eligible for court appointed counsel. Many times it does not occur until the pretrial conference is held. In many rural counties courts do not have a fulltime prosecutor and public defender. It is difficult to calendar around their schedules during normal judicial days. To require counsel at all IA's would cause a serious hardship - not to mention the additional financial burden.

    I would ask The Court to consider the impact to limited jurisdiction courts when considering this petition.

    Thank you.


    ecrowley
    Posts:

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    09 May 2008 03:20 PM
    Hon. Dale Collier
    Kearny Magistrate Court
    355 Alden Rd.
    P.O. Box 639
    Kearny Arizona 85237

    This rule will not work in the lower courts. I am the magiustrate in Kearny Az.. Our prosecutor lives 70 miles away, and any appointed defense council lives 55 miles away. There is also the issue of the IA's which are conductyed in the jail. I also am the deputy Magistrate for the Apache Jct., Magistrate court. We do lots of IA's on the week ends. as well as during the week. We do not have full time defense council on staff, nor on call. Even most JP courts do not have defense council in attendance at all times. If we have defense council present, it would follow that the Prosecution would also have to be present.
    nasha
    Posts:

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    16 May 2008 05:12 PM
    Hon. Patti Noland, President
    Arizona Association of Superior Court Clerks
    110 W. Congress, 1st Floor
    Tucson, Arizona 85701
    520-740-3201
    nasha@COSC.maricopa.gov
    Attachments
    domanico
    Posts:

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    19 May 2008 06:29 PM
    ANDREW P. THOMAS
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 0003200)

    PHILIP J. MACDONNELL
    CHIEF DEPUTY COUNTY ATTORNEY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBER 003813)
    Attachments
    rhirsh
    Posts:

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    20 May 2008 05:41 PM
    ROBERT J. HIRSH
    Pima County Public Defender
    Michael J. Miller
    State Bar No. 15918
    Assistant Public Defender
    33 North Stone, 21st Floor
    Tucson, Arizona 85701
    Attachments
    lkoschney
    Posts:

    --
    21 May 2008 07:20 PM
    R-08-0005 Rule 4.1, Rules of Criminal Procedure

    Arizona Attorneys For Criminal Justice
    2340 W. Ray Road, Suite 1
    Chander, AZ 85224
    480-812-1700

    By:
    David J. Euchner SB #021768
    John Canby SB #010574
    Attachments
    lkoschney
    Posts:

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    11 Jun 2008 11:12 AM
    R-08-0005 Rule 4.1- Rules of Criminal Procedure

    Edwin M. Cook
    SB# 5402
    Executive Director
    Arizona Prosecuting Attorneys' Advisory Council
    3001 W Indian School, Suite #307
    Phoenix, AZ 85017
    (602) 265-4779
    Attachments
    Topic is locked