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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 03 Aug 2009 06:38 PM by  mmeltzer
R-06-0016 Petition to Amend Rule 1.6, ARCrP
 17 Replies
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ecrowley
Posts:

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06 Oct 2006 05:24 PM
    R-06-0016

    Petition to Amend Rule 1.6, ARCrP

    To provide for appearances by defendants via videoconferencing for initial appearances, arraignments, and some other hearings.

    Petitioner:
    Barbara LaWall
    Pima County Attorney
    32 N. Stone Avenue, Suite 1900
    Tucson, AZ 85701-1403
    (520)740-5750

    Filed September 25, 2006

    PETITION CONTINUED ON SEPTEMBER 6, 2007.

    PETITION CONTINUED ON SEPTEMBER 8, 2008.

    Motion to Reopen Proposed Rule Matter (Expedited Ruling Requested) =
    GRANTED June 1, 2009.
    COMMENTS DUE JULY 17, 2009.

    COMMENT IS REQUESTED on:
    (1) the Report of the Criminal Rules Videoconferencing Committee and the Committee's proposal for amendments to Rule 1.6, Ariz. R. Crim. P., and
    (2) the Minority Report and accompanying Minority proposal for amendments to Rule 1.6,
    all as set forth in the attachments below.

    Attachment 1: Original rule change petition
    Attachment 2: Report of the Criminal Rules Videoconferencing Committee, without appendices
    Attachment 3: Amendments to Rule 1.6 proposed by the Committee
    Attachment 4: Minority Report of the Criminal Rules Videoconferencing Committee
    Attachment 5: Amendments to Rule 1.6 proposed by Minority
    Attachment 6: Proposed Section of the Arizona Code of Judicial Administration


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

    --
    06 Apr 2007 12:35 PM
    Hon. Margarita Bernal
    City of Tucson Municipal Court Judge
    P.O. Box 27210
    Tucson, Ariz. 85726-7210
    520-791-3261
    MargaritaBernal@tucsonaz.gov
    Attachments
    domanico
    Posts:

    --
    18 May 2007 07:05 PM
    R-06-0016 Rule 1.6, Rules of Criminal Procedure


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

    PHILIP J. MACDONNELL
    CHIEF DEPUTY
    301 WEST JEFFERSON STREET, SUITE 800
    PHOENIX, ARIZONA 85003
    FAX NUMBER: (602) 506-8102
    TELEPHONE: (602) 506-3800
    EMAIL: MACDONNP@MCAO.MARICOPA.GOV
    (STATE BAR NUMBER 003813)

    MARICOPA COUNTY ATTORNEY’S RESPONSE TO PETITION TO AMEND RULE 1.6 OF THE ARIZONA RULES OF CRIMINAL PROCEDURE
    Attachments
    Robert Hooker
    Posts:

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    21 May 2007 05:25 PM
    R-06-0016 Rule 1.6, Rules of Criminal Procedure

    Robert Hooker
    Pima County Public Defender
    32 N Stone 4th Floor
    Tucson AZ 85701
    520-740-5453
    520-243-4920
    robert.hooker@pima.gov
    SB# 003335
    Attachments
    ecrowley
    Posts:

    --
    22 May 2007 12:07 PM
    R-06-0016, Rule 1.6, Rules of Criminal Procedure

    Petition to Amend Rule 1.6, ARCrP
    to Provide For Appearances By
    Defendants Via Videoconfrencing For
    Initial Appearances and Arraignments
    And Some Other Hearings

    Robert B. Van Wyck, Chief Bar Counsel
    Bar No. 007800
    State Bar of Arizona
    4201 N. 24th St., Suite 200
    Phoenix, Arizona 85016-6288
    (602) 340-7241
    Attachments
    sjones
    Posts:

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    22 May 2007 03:27 PM
    R-06-0016, Rule 1.6, Rules of Criminal Procedure

    Honorable Barbara Rodriguez Mundell
    Presiding Judge
    Superior Court of Arizona, Maricopa County
    125 W. Washington St.
    Phoenix, AZ 85003
    Phone: (602) 506-6130

    Attachments
    JMussman
    Posts:

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    01 Aug 2007 06:18 PM
    R-06-0016 Petition to Amend Rule 1.6, Rules of Criminal Procedure

    Jeremy D. Mussman
    Maricopa Public Defender
    11 W Jefferson, Suite 5
    Phoenix, AZ 85003-2302
    602-506-8200

    The Arizona Public Defender Association discussed, encouraged and joins the comment filed by the Pima County Public Defender's Office opposing this proposed rule change. The opposition to this proposed rule change is even more compelling in light of the Court's recent rule changes implementing new procedures for handling Proposition 100 issues at the Initial Appearance stage. As stated by the APDA at page 6, footnote 1, of its June 14, 2007 Comment opposing R07-0003: "As a corollary to this contemplated expanded role of initial appearance courts, R06-0016...should be rejected." The need for initial appearance courts to be expanded to full courts of record with counsel ordered to be present by the court is underscored by the Maricopa County Superior Court's recent implementation of the new rules. As will be discussed in greater detail in a comment to be filed by the APDA opposing these new rule changes,the Maricopa County Superior Court has interpreted Rule 7.4(b) to preclude defendants from having a subsequent review of nonbondable findings unless they can make a specific showing of new information that was not provided at the initial appearance. The court is denying many of these motions, even though there is no formal record memorializing what happened at the initial appearance. Clearly, the initial appearance is a critical event in the court process. If these new rules remain in place, the courts, prosecution and defense all have a heightened need for providing these initial appearance courts with more formalized proceedings that will enable the judicial officers at the initial appearance to make informed decisions about nonbondability issues and to allow subsequent courts to accurately review this initial determination when ruling on Rule 7.4(b) motions. A rule change that would allow video appearances by defendants at these critical proceedings will further erode the sparse review that is currently occurring at the initial appearances and should therefore be rejected.

    Jeremy D. Mussman on behalf of the APDA
    mbalmer
    Posts:

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    15 Aug 2007 09:30 AM
    The expansion of the use of videoconferencing technology with recording capability, while it has obvious benefits and cost savings related to transport and travel, should not be an automatic substitute for record making by a certified court reporter when required by statute or requested by any party.

    We share potential concerns by the defense bar and perhaps even the prosecution when the use of audiovisual devices is based solely on a financial and/or convenience basis, and may be unilaterally expanded to other hearings, and a defendant's or litigant's rights or requests are summarily dismissed or disregarded.

    Respectfully submitted,
    Arizona Court Reporters Association
    lkoschney
    Posts:

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    09 Jul 2008 10:36 AM
    R-06-0016 Petition to Amend Rule 1.6, ARCrP

    Hon. Wallace R. Hoggatt
    Presiding Judge, Cochise County
    Cochise County Courthouse
    100 Quality Hill
    PO Box Drawer CG
    Bisbee, AZ 85603
    Ph: (520)432-8540
    Fax: (520)432-8548
    whoggatt@courts.az.gov
    Attachments
    LaWall
    Posts:

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    07 Jul 2009 12:15 PM
    Barbara LaWall
    Pima County Attorney
    32 N. Stone Avenue
    Tucson, AZ 85701
    520-740-5600
    barbara.lawall@pcao.pima.gov
    Attachments
    lkoschney
    Posts:

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    14 Jul 2009 01:32 PM
    R-06-0016 Petition to Amend Rule 1.6, ARCrP

    Honorable Barbara Rodriguez Mundell
    Presiding Judge
    Maricopa County Superior Court
    125 W. Washington St.
    Phoenix, AZ 85003
    (602) 506-6130
    Attachments
    ecrowley
    Posts:

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    16 Jul 2009 05:31 PM
    Arizona Public Defender Association
    Ella Johnson, Vice President
    Bar #17293
    1400 Kofa Avenue
    Parker, Arizona 85344
    (928)669-9828
    (928)669-2015(fax)
    ella.johnson@azbar.org
    Attachments
    ecrowley
    Posts:

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    16 Jul 2009 05:33 PM
    Jeremy Mussman
    Deputy Director, Maricopa County Public Defender 620 W. Jackson, Suite 4015, Phoenix, AZ 85003
    Phone: (602)506-7711, Extension 38202
    Fax: (602)506-0797
    Attachments
    ecrowley
    Posts:

    --
    16 Jul 2009 06:42 PM
    Judy A. Lutgring, PCC# 66060, SB# 011914
    Pima County Public Defender's Office
    33 North Stone Avenue, 21st Floor
    Tucson, Arizona 85701
    TEL: (520) 243-6800
    FAX: (520) 243-6969

    PD.MinuteEntries@pima.gov


    Attachments
    ecrowley
    Posts:

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    16 Jul 2009 06:50 PM
    Robert J. Hirsh
    Pima County Public Defender
    33 North Stone, 21st Floor
    Tucson, Arizona 85701.
    (520)243-6800

    E-Mail Sandra.Foley@Pima.Gov
    Fax (520)243-6808
    Attachments
    jkearney
    Posts:

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    17 Jul 2009 05:33 PM
    Honorable Jan E. Kearney
    Presiding Judge
    Pima County Superior Court
    110 W. Congress
    Tucson, AZ 85701
    Phone: 520-740-8782
    Fax: 520-740-8020

    Attachments
    ecrowley
    Posts:

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    22 Jul 2009 05:41 PM
    BARBARA LAWALL
    PIMA COUNTY ATTORNEY
    32 N. Stone Avenue, 14TH fLOOR
    Tucson, AZ 85701
    Telephone: (520) 740-5750
    barbara.lawall@pcao.pima.gov
    State Bar No. 004906
    Law Firm No. 69000
    Attachments
    mmeltzer
    Posts:

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    03 Aug 2009 06:38 PM
    Mark Meltzer
    Staff to the Criminal Rules Video-Conference Advisory Committee
    c/o Administrative Office of the Courts
    1501 W. Washington, Suite 410
    Phoenix AZ 85007
    (602) 452-3242
    MMeltzer@courts.az.gov

    The attached Notice of Erratum is submitted on behalf of the Chair of the Criminal Rules Video-Conference Advisory Committee to correct the text of proposed amendments to Rule 1.6, as set out in Appendix A of the Committee's June 17, 2009 report.
    Attachments
    Topic is locked