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NEW! The Court acted on many pending rule petitions at its August 29, 2017 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 19 May 2009 08:38 PM by  domanico
R-09-0005 Petition To Amend Rule 4.1(b), Rules Of Criminal Procedure
 4 Replies
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Author Messages
lkoschney
Posts:

--
14 Jan 2009 01:21 PM
    R-09-0005

    PETITION TO AMEND RULE 4.1(b), RULES OF CRIMINAL PROCEDURE

    WOULD IMPOSE A UNIFORM AND EQUITABLE TIME LIMIT OF 48 HOURS FROM THE INITIAL APPEARANCE WITHIN WHICH THE STATE MUST FILE A COMPLAINT

    Gary Pearlmutter
    Coconino County Legal Defender
    110 East Cherry Avenue
    Flagstaff, AZ 85001
    Ph: (928)679-7740
    Fax: (928)679-7746

    Filed January 9, 2009

    REJECTED.
    Attachments
    sharvey
    Posts:

    --
    14 Apr 2009 03:01 PM
    This is a big problem. I am a public defender in Coconino County. At present, the majority of my clients who are arrested are held on bonds that they cannot post, and of those about two-thirds end up being released due to no complaint being filed, after having spent from 4 to 7 days in custody under the 48 hour rule.

    Steven Harvey
    Coconino County Deputy Public Defender
    110 E. Cherry
    Flagstaff, AZ 86001-4696
    928-679-7700
    Steven.Harvey@azbar.org
    bsutton
    Posts:

    --
    11 May 2009 05:05 PM
    Hon. William B. Sutton, Jr.
    Justice of the Peace
    700 W. Railroad Ave.
    Williams, AZ 86046
    Phone: (928) 635-2691


    In Coconino County, we have discussed this amongst our judges at numerous meetings over the years. I do believe that there should be some uniformity statewide. And Deputy Public Defender Steven Harvey is correct in the fact that the 48 hours can be stretched up to a number of days more than two under our existing policy.

    The controlling case we have used is, Riverside v. McLaughlin, 500 U.S. 44, 111 S.Ct. 1661 (1991). The Riverside Case mentions the importance of a "probable cause finding" if an inmate is to be held more than 48 hours. So, in Coconino County, once there has been a probable cause finding at the Initial Appearance, we are going one step better than the "Riverside" requirement, since that "finding" is or is not done at the I.A.; all within 24 hours, not 48 hours. The 48 hours is only for the filing of the complaint.

    Requiring a more stringent interpretation of the Rule 4.1 (b), the "48 hour rule" would create an unnecessary hardship on the legal system; especially with the courts, police and prosecution.

    I agree with Mr. Harvey that since we do extend the 48 Hour Rule, there must be grounds to do so. I would agree. But Mr. Harvey contends that the 48 Hour Rule be a strict 48 from the I.A. It is my opinion that Mr. Harvey is correct, unless a probable cause determination is made during that 48 hour period, usually at the Initial Appearance. Then, and only then, can the 48 Hour Rule, be relaxed as is our practice now.
    pahler
    Posts:

    --
    14 May 2009 05:23 PM
    Paul W. Ahler
    Executive Director
    State Bar # 005379
    Arizona Prosecuting Attorneys’ Advisory Council
    3001 W. Indian School Rd., Suite 307
    Phoenix, Arizona 85017
    602-265-4779
    602-274-4215-Fax
    paul.ahler@apaac.az.gov
    Attachments
    domanico
    Posts:

    --
    19 May 2009 08:38 PM
    R-09-0005

    MARICOPA COUNTY ATTORNEY’S COMMENTS TO PETITION TO AMEND RULE 4.1(B) OF THE ARIZONA RULES OF CRIMINAL PROCEDURE

    ANDREW P. THOMAS
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 0003200)

    PHILIP J. MACDONNELL
    CHIEF DEPUTY COUNTY ATTORNEY
    LOUIS STALZER
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBER 003813 AND 010471)
    Attachments
    Topic is locked