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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 25 Jun 2009 02:00 PM by  mhardman
R-08-0039 Rule 123, Rules of the Supreme Court of Arizona, Rule 2.3 Arizona Rules of Criminal Procedure, Rule 5 Arizona Rules of Civil Procedure
 17 Replies
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mhardman
Posts:

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30 Dec 2008 03:46 PM
    R-08-0039

    PETITION TO AMEND RULE 123, RULES OF THE SUPREME COURT

    TO PROVIDE GREATER ACCESS TO CASE RECORDS WHILE BEING MINDFUL OF SENSITIVE INFORMATION THAT MIGHT BE CONTAINED WITHIN THE RECORDS

    Petitioner:
    Michael K. Jeanes, Chair
    Supreme Court Rule 123 & Data Dissemination Advisory Committee
    Superior Court in Maricopa County
    601 W. Jackson St.
    Phoenix, AZ 85003
    (602)506-7772
    (602)506-7684
    mkjeanes@cosc.maricopa.gov

    Original Petition filed December 30, 2008

    Amended Petition filed May 7, 2009

    Explanation of Attachments below:
    Attachment 1: Amended Petition (pdf version)
    Attachment 2: Amended Petition (MSWord version)
    Attachment 3: Attachment to Amended Petition (pdf version)
    Attachment 4: Attachment to Amended Petition (MSWord version)
    Attachment 5: Original Petition (MSWord version)
    Attachment 6: Attachment to original Petition (MSWord version)

    For questions, please contact Melinda Hardman at mhardman@courts.az.gov

    ADOPTED as modified, effective January 1, 2010.
    Attachments
    kbatty
    Posts:

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    25 Mar 2009 03:53 PM
    My commments are appended.

    K. Kent Batty
    Administrator
    Superior Court in Pima County
    110 W. Congress
    Tucson 85701

    520.740.3768

    Kent.Batty@sc.pima.gov
    Attachments
    jgreene
    Posts:

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    26 Mar 2009 07:34 PM
    Comment submitted on behalf of:

    Mr. Edward Byczynski
    CEO and General Counsel
    National Tenant Network, Inc. (NTN)
    PO Box 1664
    Lake Oswego, OR 97034
    ntn@ntnonline.com

    Ms. Regina Kaupanger
    President
    National Tenant Network – Arizona
    6501 E Greenway Pkwy Ste. 103-434
    Scottsdale, AZ 85254
    ntn-arizona@ntnonline.com
    (480) 607-5288
    Attachments
    LegalCommittee
    Posts:

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    30 Mar 2009 01:35 PM
    Jannette Brickman, on behalf of:
    Legal Committee of the Arizona Coalition Against Domestic Violence
    301 East Bethany Home Road, Suite C-194, Phoenix, AZ 85392
    Phone: (602) 279-2900
    Fax: (602) 279-2980
    Email: sa2@azcadv.org


    The Legal Committee of the Arizona Coalition Against Domestic Violence would like to see a definition of "victim" in this Rule. Are they using the definition of victim as defined in the Victim Bill of Rights? How does that translate for victims in civil cases, i.e. orders of protection or for juveniles?
    nasha
    Posts:

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    30 Mar 2009 04:47 PM
    Hon. Patricia Noland, President
    Arizona Association of Superior Court Clerks
    110 W. Congress, 1st Floor
    Tucson, Arizona 85701
    520-740-3201
    nasha@COSC.maricopa.gov

    Comments and suggested language are attached.
    Attachments
    ecrowley
    Posts:

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    30 Mar 2009 06:40 PM
    John Furlong, Bar No. 018356
    General Counsel
    STATE BAR OF ARIZONA
    4201 N. 24th Street, Suite 200
    Phoenix, AZ 85016
    (602) 252-4804
    Attachments
    sbruner
    Posts:

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    31 Mar 2009 11:01 AM
    Stewart Bruner
    Arizona Supreme Court
    AOC Information Technology Division
    1501 W. Washington
    Phoenix, AZ 85007
    602-452-3351
    sbruner@courts.az.gov

    Proposed Section (g)(2) specifies in part, “fees for remote electronic access to case records…shall not exceed the cost of the service provided.” This language descends from that in Section (g)(5)(A) of the previous version of the rule which allowed for “recovery of costs incurred in the provision of remote electronic access.” The cost-recovery approach will prove problematic because of the complexity of the various automated systems employed to provide remote electronic access to records on a statewide basis in the very near future rather than by an individual clerk of court when the rule was first penned.

    Collection of every single component of cost related to the provision of electronic access to records is far too complex to document and makes use of networking and computing equipment that is shared by other functions, requiring estimates or apportioning to capture, in some cases. Once set, additional time and effort spent responding to a challenge of the estimated and apportioned cost basis would be unproductive and potentially difficult to prove. On the other hand, including 100 percent of the costs related to any shared or ancillary equipment would make the service unnecessarily expensive.

    The Information Technology Division of the Administrative Office of the Courts therefore requests that the requirement move away from strict cost recovery and the language correspondingly change from “shall not exceed the cost of the service provided” to “shall represent a reasonable cost for the service provided.” ITD maintains that any challenge to the cost of the service would be more productively resolved by a discussion of value rather than through a detailed defense of the cost of the various components and support staff employed.
    covic
    Posts:

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    01 Apr 2009 12:28 PM
    Hon. Ron Reinstein, Ret.
    Commission on Victims in the Courts
    1501 W. Washington
    Phoenix, AZ 85007
    602-452-3965
    602-452-3480
    cmitchell@courts.az.gov

    Please see attachments for comments.
    Attachments
    HRO
    Posts:

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    01 Apr 2009 02:37 PM
    Comments submitted on behalf of Courthouse News Service by:

    Rachel Matteo-Boehm, Cal. State Bar No. 195492
    Holme Roberts & Owen LLP
    560 Mission Street, 25th Floor
    San Francisco, CA 94105
    Phone: 415-268-1996
    Fax: 415-268-1999
    rachel.matteo-boehm@hro.com

    Comments and supplemental materials are attached.
    Attachments
    domanico
    Posts:

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    01 Apr 2009 05:01 PM
    ANDREW P. THOMAS
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 0003200)

    PHILIP J. MACDONNELL
    CHIEF DEPUTY COUNTY ATTORNEY
    SALLY WOLFGANG WELLS
    CHIEF ASSISTANT COUNTY ATTORNEY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBERS 003813 AND 009894)

    MARICOPA COUNTY ATTORNEY’S INITIAL COMMENTS TO PETITION TO AMEND VARIOUS RULES RELATING TO ACCESS TO PUBLIC RECORDS
    Attachments
    eljaybee
    Posts:

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    01 Apr 2009 06:15 PM
    Loren J. Braud, State Bar No. 014971
    Court Staff Attorney
    City of Phoenix Municipal Court
    300 West Washington, 9th Floor
    Phoenix, Arizona 85003-2103
    Phone: (602) 262-6623
    Fax: (602) 534-6291
    Email address: loren.braud@phoenix.gov

    Please see attachments for comments.
    Attachments
    mhardman
    Posts:

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    07 May 2009 03:49 PM
    Michael K. Jeanes, Clerk of Court
    Superior Court in Maricopa County
    601 W. Jackson St.
    Phoenix, AZ 85003
    (602) 506-7772
    Attachments
    Continfo
    Posts:

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    03 Jun 2009 04:59 PM
    Comment submitted on behalf of:

    William Bower, President
    Contemporary Information Corp.
    42913 Capital Drive, Unit 101
    Lancaster, CA 93535
    (800)288-4757
    wbower@continfo.com
    Attachments
    HRO
    Posts:

    --
    04 Jun 2009 04:17 PM
    Rachel Matteo-Boehm
    Holme Roberts & Owen LLP
    560 Mission Street, 25th Floor
    San Francisco, CA 94105
    415-268-2000
    415-268-1999 (fax)
    rachel.matteo-boehm@hro.com
    SBN 195492
    Attachments
    jgreene
    Posts:

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    05 Jun 2009 10:28 AM
    National Assn of Professional Background Screeners
    Attn: Tracy Seabrook
    2501 Aerial Center Parkway
    Suite 103
    Morrisville, NC 27560
    919-459-2082
    919-459-2075 (fax)
    tracy@imiae.com
    Attachments
    jgreene
    Posts:

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    05 Jun 2009 02:32 PM
    First Advantage SafeRent
    Jamie A. Crabtree
    Director of Regulatory and Legislative Affairs
    7300 Westmore Road, Suite 3
    Rockville, MD, 20850-5223
    800.999.0350
    Attachments
    dls98tuc
    Posts:

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    05 Jun 2009 04:33 PM
    Diane L. Sonntag, President
    Arizona Court Reporters Association
    7225 W. Oakland Street
    Chandler, AZ 85226-2433
    (480) 496-4010
    Fax: (480) 858-1802

    Email: acra@saminc.org
    Attachments
    mhardman
    Posts:

    --
    25 Jun 2009 02:00 PM
    Michael K. Jeanes, Clerk of Court
    Superior Court in Maricopa County
    601 W. Jackson St.
    Phoenix, AZ 85003
    602) 506-7772
    mkjeanes@cosc.maricopa.gov
    Attachments
    Topic is locked