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Last Post 31 May 2023 10:40 PM by  Kevin Heade
R-23-0013 Petition to Amend Rule 9.1 of the Arizona Rules of Criminal Procedure
 6 Replies
Author Messages
Kevin Heade
New Member
Posts:8 New Member

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08 Jan 2023 01:19 PM
    Central Arizona National Lawyers Guild
    Kevin D. Heade
    Arizona State Bar # 029909
    3905 N 7th Ave.
    Unit 33126
    Phoenix, AZ 85067-3126
    (480) 251-8534
    [email protected]

    Pursuant to Rule 28 of the Rules of the Arizona Supreme Court, Central Arizona National Lawyers Guild (“Central AZ NLG”) respectfully submits this petition to amend Rule 9.1 of the Arizona Rules of Criminal Procedure. Central AZ NLG’s proposed amendment will end the controversial practice of permitting the state to try the accused of criminal offenses in absentia. The proposed amendment mirrors the requirements set forth by Rule 43 of the Federal Rules of Criminal Procedure. Moreover, the proposed amendment aligns with the historical view that a criminal trial could not be conducted in the accused’s absence. Reasons why this proposal should be adopted are included in the attached Petition.

    Filed: January 8, 2023

    Would amend Rule 9.1 of the Rules of Criminal Procedure to abrogate the State’s authority to try an accused in absentia and adopt the procedures set forth in Rule 43 of the Federal Rules of Criminal Procedure regarding a defendant’s right to be present

    Comments must be submitted no later than Monday, May 1, 2023.
    Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.
    Attachments
    Madison Ginsberg
    New Member
    Posts:12 New Member

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    27 Apr 2023 02:33 PM
    Filed on behalf of: Deborah Serrata

    RACHEL H MITCHELL
    MARICOPA COUNTY ATTORNEY
    (FIRM STATE BAR NO. 00032000)

    PAUL W AHLER
    CHIEF DEPUTY
    225 WEST MADISON STREET
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    (STATE BAR NUMBER 005379 )

    PETITION TO AMEND Rule 9.1, ARIZONA RULES OF CRIMINAL PROCEDURE
    R-23-0013

    MARICOPA COUNTY ATTORNEY’S OFFICE COMMENT IN OPPOSITION
    Attachments
    Diana Cooney
    New Member
    Posts:36 New Member

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    01 May 2023 01:24 PM
    ELIZABETH BURTON ORTIZ
    EXECUTIVE DIRECTOR
    ARIZONA PROSECUTING ATTORNEYS'
    ADVISORY COUNCIL (APAAC)
    3838 N. CENTRAL AVENUE, SUITE 850
    PHOENIX, AZ 85012
    PHONE: 602-542-7222
    FAX NO: 602-274-4215
    [email protected]
    (BAR NO. 012838)

    IN THE MATTER OF R-23-0013 PETITION TO AMEND RULE 9.1 OF THE ARIZONA RULES OF CRIMINAL PROCEDURE, THE ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL HEREBY SUBMITS THIS COMMENT IN OPPOSITION
    Attachments
    David Euchner
    New Member
    Posts:29 New Member

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    01 May 2023 02:17 PM
    ARIZONA ATTORNEYS FOR CRIMINAL JUSTICE
    David J. Euchner, SB#021768
    33 N. Stone Ave., 21st Floor, Tucson, AZ 85701
    TEL: (520) 724-6800
    E-Mail: [email protected]
    Attorney for Arizona Attorneys for Criminal Justice
    Attachments
    State Bar of Arizona
    Basic Member
    Posts:141 Basic Member

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    01 May 2023 06:34 PM
    Comment of the State Bar of Arizona

    Lisa M. Panahi
    Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th St., Suite 100
    Phoenix, AZ 85016
    602-340-7236
    [email protected]
    Attachments
    Kate Milewski
    New Member
    Posts:5 New Member

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    01 May 2023 07:16 PM
    Kate Milewski
    AZ State Bar # 024877
    Pinal County Public Defender
    P.O. Box 2457
    Florence, AZ 85132
    (520) 866-7199
    [email protected]

    This Court should adopt the proposal outlined in the Petition.
    The supporting comment of the Pinal County Public Defender is attached.
    Attachments
    Kevin Heade
    New Member
    Posts:8 New Member

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    31 May 2023 10:40 PM

    Central Arizona National Lawyers Guild
    Kevin D. Heade
    Arizona State Bar # 029909
    3905 N 7th Ave.
    Unit 33126
    Phoenix, AZ 85067-3126
    (480) 251-8534
    [email protected]


    Pursuant to Rule 28 of the Rules of the Arizona Supreme Court, the Central Arizona National Lawyers Guild (“Central AZ NLG”) respectfully submits this reply to the comments concerning its petition to amend Rule 9.1 of the Arizona Rules of Criminal Procedure. This Court should adopt the proposal as written. Alternatively, this Court should consider the compromise solution offered by the State Bar of Arizona and Arizona Attorneys for Criminal Justice.

    Attachments


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