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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 20 May 2010 01:53 PM by  domanico
R-10-0012 Petition to Amend Rule 8.2(a)(4), Arizona Rules of Criminal Procedure
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mmeltzer
Posts:

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07 Jan 2010 05:00 PM
    R-10-0012
    PETITION TO AMEND RULE 8.2(A)(4), ARIZ. R. CRIM. P.

    WOULD EXPAND THE SPEEDY TRIAL TIME LIMIT IN CAPITAL CASES FROM 18 MONTHS FROM ARRAIGNMENT TO 24 MONTHS FROM THE FILING OF A NOTICE OF INTENT TO SEEK THE DEATH PENALTY

    Petitioner:
    Mark Meltzer
    Capital Case Oversight Committee Staff
    1501 West Washington, Suite 410
    Phoenix AZ 85007
    Telephone: (602) 452-3242
    Fax: (602) 452-3480
    E-mail: MMeltzer@courts.az.gov
    Arizona Bar Number 004491

    Filed January 7, 2010

    Comments are due May 20, 2010.

    ADOPTED, effective January 1, 2011.
    Attachments
    Johntodd
    Posts:

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    28 Apr 2010 08:44 PM
    John Todd
    Office of the Arizona Attorney General
    1275 W. Washington
    Phoenix, AZ 85007
    john.todd@azbar.org

    There are at least six reasons why this change would be poor public policy. First, as a general proposition, the closer in time to the event, the more reliable are the factual findings. Thus, trials should be held as close to the time of the crime as reasonably possible. The State, the innocent defendant, and the victim all have a stake in speedy trials. Second, having observed the interaction between court time-limits and litigators for over 30 years, also as a general proposition, more often than not, trials, briefs, and hearings are normally are not held or filed before almost the possible last-day. Granting a longer period simply means things take longer to get done. Third, when courts enforce existing time-periods, litigators comply and cases are resolved. Maricopa County is a prime example of how capital cases progressed was a function of the court enforcing the speedy trial rule. Likewise, in federal district court the enforcement of the rules has contributed to the significant lessening of the capital case backlog. Fourth, the current rules allow for enlargement of the time-limits when there is legitimate justification--Rules 8.2(d), 8.4, and 8.5. Fifth, no other county besides Maricopa appears to have a problem in timely processing their capital cases, yet this change in the rule would most likely result in cases in those counties being delayed for trial. Finally, for the victim's family to wait as long as 2 years from the time the notice of death is filed before going trial seems counter to Arizona's stated public policy of providing the victim with a constitutional right to a "speedy trial or disposition." Az. Const. Art. 2, sec. 2.1(A)(10).
    Beckie
    Posts:

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    05 May 2010 06:44 PM
    I am completely opposed to this rule change to increase the time of a "Speedy Trial" to 24 months from eighteen in capital cases. From the perspective of the victims who have a right to a speedy trial, a delay only puts them through more emotional despair. Victims have to expend a tremendous amount of emotional energy to endure the criminal justice proceedings while also going through the trauma and grief that murder has left behind. A six month delay in addition will be detrimental to victims who cannot move on with their grief and recovery process until the judicial process is over. Do not add further trauma to those already devastated by the murder of their loved one by making this rule change.

    In addition, witnesses memories will be hindered or dulled by a longer delay.

    Beckie Miller, Chapter Leader
    Parents Of Murdered Children, Inc.
    Valley of the Sun Chapter
    P.O. Box 39603
    Phoenix, AZ 85069-9603
    602-254-8818
    AZStateBar
    Posts:

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    11 May 2010 03:43 PM
    John A. Furlong, Bar No. 018356
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Ste. 200
    Phoenix, AZ 85016-6288
    602.252.4804
    john.furlong@staff.azbar.org
    Attachments
    ecrowley
    Posts:

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    19 May 2010 05:57 PM
    John Canby and David Euchner
    Arizona Attorney's For Criminal Justice, Rules Committee
    2340 W. Ray Road, Suite 1
    Chandler, Az. 85224
    Tel: (480) 812-1700
    Fax: (480) 812-1736
    john.canby@old.maricopa.gov
    State Bar # 010574
    David.Euchner@pima.gov
    State Bar #021768
    Attachments
    domanico
    Posts:

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    20 May 2010 01:53 PM
    RICHARD M. ROMLEY
    MARICOPA COUNTY ATTORNEY
    (Firm State Bar No. 0003200)

    Paul W. Ahler
    Chief Deputy County Attorney
    301 West Jefferson Street, Suite 800
    Phoenix, Arizona 85003
    Telephone: (602) 506-3800
    (State Bar Number 005379)

    Attachments
    Topic is locked