Search 

Azcourts.gov

Arizona Judicial Branch



FAQ

Register       Login

ATTENTION: This site has been recently moved. If you had an account on our old forum site, you will have to register a new account here in order to be able to post replies.

 

NEW! The Court acted on many pending rule petitions at its August 29, 2017 Rules Agenda.  

Click on the Amendments from Recent Rules Agendas link below to go directly to the amendments and orders for each one.

Message from the Chief Justice

Current Arizona Rules 

Amendments from Recent Rule Agendas

Rule Amendments (2006 to present) 

Advisory Committee on Rules of Evidence


Pending Rules List

         Proposed Local Rules
                 Welcome!
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. 
PrevPrev Go to previous topic
NextNext Go to next topic
Last Post 30 Jun 2008 11:43 AM by  rhirsh
R-08-0010 Rules 32.4(c), 32.6(a) and 32.6(b), Ariz. R. Crim. P.
 6 Replies
Sort:
Topic is locked
Author Messages
Robert Hooker
Posts:

--
10 Jan 2008 05:10 PM
    R-08-0010

    AMENDMENT OF RULES 32.4(c)(2) AND 32.6(a) AND (b) OF THE ARIZONA RULES OF CRIMINAL PROCEDURE

    TO INCREASE THE TIME FOR FILING A DEFENDANT'S PETITION FOR POST-CONVICTION RELIEF AND THE STATE'S RESPONSE THERETO, AND TO PERMIT 30-DAY EXTENTIONS OF TIME UPON SHOWING OF GOOD CAUSE RATHER THAN EXTRAORDINARY CIRCUMSTANCES

    Petitioner:
    Robert Hooker
    Arizona State Bar No. 003335
    Pima County Public Defender
    33 North Stone Avenue, 21st Floor
    Tucson, Arizona 85701
    (520)243-6830

    Filed January 10, 2008

    Comment period closed as of May 20, 2008.

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

    --
    16 May 2008 12:34 PM
    Joy Athena
    Pima county Legal Defender's Office
    32 N. Stone 8th Fl.
    Tucson, AZ 85701-1406
    520-740-5775
    jathena@pima.gov

    Comment to Petition to Amend Rule 32.4(c) and Rule 32.6(a) and (b).

    I have been practicing appellate law for over 11 years, with Rule 32 petitions for post-conviction relief comprising most of my case load.

    I agree with the Petition’s primary amendment, which is to permit time extensions for “good cause” rather than “extraordinary circumstances.”

    Because I believe the primary amendment will resolve the problems outlined in the petition with respect to the specific filing time limits contained in the various rules, I do not believe any change to the present filing time limits are necessary, and indeed, may cause unintended delays.

    For example, it is unnecessary to increase the state’s 45-day response time under Rule 32.6(a). The less restrictive extension policy engendered by the “good cause” amendment will accommodate the state’s need for additional extensions (just as it will for petitioners who require more than the present 60 days to file the petition.) In the hundreds of Rule 32s I have handled in Pima County, the state has rarely requested a time extension; when the state needs extra time, there is typically no opposition—even if there were opposition, the trial court may assess the state’s request under the proposed “good cause” standard. Moreover, it sometimes happens that the state files no response. In that situation, both the trial court and the petitioner would have to wait 90 days under the proposed amendment before the trial court could rule on the petition. There is no need to create this unintended delay by changing the rule’s time limits once the standard for asking for more time is amended to “good cause.”

    Finally, it appears that the proposed rule change inadvertently left out the addition of “good cause” in Rule 32.6(b), even though it reflects the removal of “extraordinary circumstances.” Some standard should remain in the rule. As in initial extension requests, the trial court is in the best position to determine whether an extension should be granted. For example, many of my clients, most of whom are incarcerated and who proceed pro se, require more than 15 days to file a reply. If this Court amends the Rule to add the “good cause” language as requested in the petition, it should also add the language to 32.6(b).

    My colleagues Robb Holmes, Scott Martin, Alex Heveri, and Stephan McCaffery, experienced post-conviction appellate attorneys, concur with my comments.
    lkoschney
    Posts:

    --
    19 May 2008 05:48 PM
    R-08-0010 Rules 32.4(c)(2), 32.6(a) and 32.6(b), Arizona Rules of Criminal Procedure

    James J. Haas
    SB #012162
    Maricopa County Public Defender
    620 W. Jackson
    Suite 4015
    Phoenix, AZ 85003
    602-506-7711
    Attachments
    domanico
    Posts:

    --
    19 May 2008 06:55 PM
    ANDREW P. THOMAS
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 0003200)

    PHILIP J. MACDONNELL
    CHIEF DEPUTY COUNTY ATTORNEY
    JAMES P. BEENE
    DEPUTY COUNTY ATTORNEY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBERS 003813 AND 014119)
    Attachments
    lkoschney
    Posts:

    --
    22 May 2008 11:38 AM
    R-08-0010 Rules 32.4(c),32.6(a) and 32.6(b), Arizona Rules of Criminal Procedure


    Barbara LaWall
    Pima County Attorney
    32 N. Stone, 14th Floor
    Tucson, AZ 85701
    520-740-5600
    SB #004906
    Attachments
    lkoschney
    Posts:

    --
    27 May 2008 05:16 PM
    R-08-0010 Rules 32.4(c),32.6(a) and 32.6(b), Arizona Rules Criminal Procedure

    Honorable John S. Leonardo
    Pima County Superior Court
    110 West Congress Street
    Tucson, AZ 85701
    520-740-8005
    Attachments
    rhirsh
    Posts:

    --
    30 Jun 2008 11:43 AM
    R-08-0010 Rules 32.4(c) and 32.6(b), Ariz. R. Crim. P.

    Robert J. Hirsh
    Pima County Public Defender
    33 N. Stone Avenue, 21st Floor
    Tucson, AZ 85701
    Ph: (520) 243-6800
    Fax: (520) 243-6868


    Reply in Support of Petition to Amend rule 32.4(C), 32.6(A), and 32.6(B)
    Attachments
    Topic is locked