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Arizona Judicial Branch

Criminal

 RULE  AFFECTS  SUMMARY AND IMPACT

Criminal Rules
2.3(b) and
31.13(c)  
[also Supreme Court Rules 111(i) and 123(g); and Juvenile Rule  106(H)]

R-12-0004

Effective Date:
Sept. 1, 2013

 

 

Summary:  These rule changes require use of a substitute “victim identifier” in lieu of the victim’s name in cases where defendant was charged with an offense under Title 13, Chapters 14, 32, 35, or 35.1 [sexual offenses, prostitution, obscenity, or sexual exploitation of children], or in cases in which the victim was a juvenile at the time of the offense. A victim identifier means a victim’s initials, a pseudonym or other substitute for the victim’s true full name.

Impact:

Crim. R. 2.3(b): The prosecuting attorney must advise the clerk, when filing a charging document in one of these cases, that the case is subject to the provisions of SCR 123(g)(1)(c)(ii)(h).

Crim. R. 31.13(c): Appellate briefs in one of these cases must use a victim identifier in place of the victim’s name.

Juv. R. 106:  Also requires use of a victim identifier in place of the victim’s name in appellate briefs in a case involving an allegation of a delinquent act against a juvenile for an offense listed in A.R.S. Title 13, chapters 14, 32, 35, or 35.1, or in which the victim was a juvenile at the time of the offense.

SCR 111(i):  Requires all opinions, memorandum decisions, and orders in one of these cases to use a victim identifier; but this does not apply to a victim who is deceased when the court enters the  opinion, decision, or order.  A victim may also waive this requirement by written notice to the court.

SCR 123(g): Remote electronic access is limited for a criminal case involving both a juvenile victim, and an adult victim of the above offenses.   A party, any person, or the court on motion and for good cause may allow remote electronic access, with provisions to protect the victim from embarrassment or oppression.


Criminal Rule
18.3 (comment)

R-11-0040

 

Superior
Justice
Municipal

Judges
Clerks
Admin

Summary:  The revision deletes a paragraph in the comment to this rule, so the comment is consistent with a previous change to the text of the rule that protects jurors’ privacy.

Impact:  The deleted comment had required the court to furnish the parties with jurors’ “basic biographical information,” including such things as the juror’s address, age, marital status, and ages of children.  Rule 18.3 does not require disclosure of such information to the parties. Rule 18.3 specifies other information about jurors that the court must provide to the parties.

Because the rule rather than the comment contains the operative text, the deletion of this portion of the comment should have no impact.


Criminal Rule
31.19(h) [also ARCAP Rules 4(a), 15(a), and 23(h)]


R-11-0045
Superior

Clerks
Admin
Summary:  The Court previously adopted parallel amendments to the Arizona Rules of Criminal Procedure and the Arizona Rules of Civil Appellate Procedure that became effective on January 1, 2012.  The current amendments correct oversights in those previous amendments concerning electronic filing. 

Impact:  These amendments to Arizona Rules of Civil Appellate Procedure, Rules 4(a), 15(a), and 23(h), and to Criminal Rule 31.19(h), should have minimal court impact.


Criminal Rule 32
and Rule 41: Form 25

R-12-0009
Superior
Justice
Municipal

Judges
Clerks
Admin
The amendment addresses an inconsistency between Form 25 (the petition for post-conviction relief), which requires submission of a PCR petition under oath; and Rule 32.5 (“contents of petition”), which does not contain this requirement.

Impact: 

  • The amendment to Rule 32.5 added three words, as follows:  “Facts within the defendant’s personal knowledge shall be noted in an affidavit separately from other allegations….”
  • Form 25 deletes a notarization requirement.  The new form requires the Petitioner to “certify” rather than to “swear or affirm.”

The court should modify the Form 25 it provides to criminal defendants, either on paper or electronically, to include these revisions.


Criminal Rule
38.1
Criminal Rule
38.2

R-12-0016
Superior
Justice
Municipal

Judges
Clerks
Admin
Summary:  The Court has eliminated certain actions it previously required the superior court to take on deferred prosecution cases that were pending in a limited jurisdiction court.

Impact: 

Rule 38.1 (“Application for suspension order”):  Section (c) now states that the court “shall” [formerly “may”] order suspension of further proceedings.  The suspension is “for the period of time specified in the motion up to two years” [formerly two years].

Rule 38.2 (“Resumption of prosecution”):  Both section (a) of this rule and the comment have deleted the word “superior” before the word “court.”   A prosecutor in a limited jurisdiction court may therefore file a notice to vacate the suspension directly in that court, rather than in the superior court.