Go to previous topic
Go to next topic
Last Post 19 May 2020 07:28 AM by  Kevin Heade
R-20-0009 Petition to Amend the Rules of the Supreme Court of Arizona by Adopting a New Rule: Rule 24 - Jury Selection
 13 Replies
Author Messages
Kevin Heade
New Member
Posts:3 New Member

--
09 Jan 2020 03:06 PM
    CENTRAL AZ NATIONAL LAWYERS GUILD
    Kevin D. Heade (AZ Bar # 029909)
    620 W. Jackson St.
    Ste. 4015
    Phoenix, AZ. 85003
    (480) 251-8534
    Kevin.Heade@gmail.com



    The Central Arizona National Lawyers Guild submits this petition to amend the Rules of the Supreme Court of Arizona by adopting a new rule, Rule 24: Jury Selection.

    The proposed rule establishes new substantive procedures applicable to all Arizona courts that are designed to root out the evil of racial and ethnic discrimination during jury selection.

    Would adopt a new Supreme Court Rule 24 to restrict the exclusion of jurors based on race or ethnicity

    Filed January 9, 2020.

    Comment must be submitted on or before May 1, 2020.

    Replies must be submitted on or before June 1, 2020.

    IT IS ORDERED granting petitioner’s motion to withdraw his petition to amend Rule 24, Rules of the Supreme Court.
    Attachments
    Yolanda Fox
    Basic Member
    Posts:158 Basic Member

    --
    29 Jan 2020 03:24 PM
    Dianne Post
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602-271-9019

    The issue of racial bias (and other types of bias as well) has been addressed to this court over and over but the court continues to refuse to take action. One cannot understand why since nondiscrimination is the law of the land and the failure to adhere to those norms has caused and is causing undue hardship for a good percentage of our citizens. It is far past time that this court be clear that racial bias will not taint our criminal justice system in any way. We must take active steps to ensure fairness for all citizens. Complacency or empty words are not enough.
    Sarah Erlinder
    New Member
    Posts:1 New Member

    --
    05 Feb 2020 02:04 PM
    Sarah Erlinder
    Federal Public Defender
    928-213-1942
    123 N SAN FRANCISCO ST
    Flagstaff, Arizona, 86001-5253

    This is an important rule change to give the US Supreme Court's intent in Batson teeth in Arizona. We all benefit from a fair and impartial jury system, but the current state of counsel's ability to challenge discriminatory peremptory strikes prevents us from enjoying such a system. This rule change would give the state notice as to what types of rationale are acceptable, it would give the citizenry more equal opportunity to participate in the judicial system, it would give judges more guidance in hearing challenges to juror strikes, and it would give defendants a greater opportunity to be tried by a jury of their peers- as is their Constitutional right. The rule change would make jury trials in Arizona more fair, which should ultimately be the goal of all stakeholders.
    Scott Boncoskey
    New Member
    Posts:1 New Member

    --
    12 Feb 2020 08:57 PM
    Scott Boncoskey
    AZ Bar No. 032748
    620 W. Jackson St., Ste. 4015
    Phoenix, AZ. 85003
    602-506-7711

    I strongly urge the Supreme Court of Arizona to adopt the proposed rule. The proposed rule not only has an established basis of support in another state but would also serve to incrementally enhance justice and equality in our state.

    Most critically, the rule would improve the current, near-impossible showing required under the third step of Batson. As it currently exists, this step, in practice, incentivizes trial courts to simply defer to a prosecutor's credibility, which is heightened as a result of a presumed adherence to ethical duties, to uphold a strike rather than primarily rely on objective evidence, or the lack of it, that undermines the proffered reasons for a strike. In turn, the appellate courts may simply defer to the trial court in view of its position to observe what is unrecorded even though recorded, objective evidence still exists that undermines the proffered reason for the suspect strike. These structural problems were recently illustrated in State v. Boyd, No. 1 CA-CR 19-0060, 2020 WL 113900, at *2 (Ariz. Ct. App. Jan. 9, 2020).

    If anything, the proposed rule does not go far enough, however. This is because it does not specifically include sex or sexual orientation discrimination. Nevertheless, the proposed rule takes an important and supported, yet incremental, step towards greater justice and equality in Arizona.
    Michael Kielsky
    New Member
    Posts:4 New Member

    --
    19 Feb 2020 01:20 PM
    I urge adoption of this petition, preferably on an expedited basis, since this Rule Petition is succinct, well-thought-out, researched, timely, and relevant.

    Michael Kielsky
    Attorney At Law
    480.461.5309 Direct | 480.461.5300 Main | 480.833.9392 Fax
    1138 N. Alma School Rd., Suite 101 | Mesa, AZ 85201
    MK@USazLaw.com | MK@UdallShumway.com | http://UdallShumway.com/
    Diana Cooney
    New Member
    Posts:22 New Member

    --
    02 Apr 2020 10:54 AM
    ELIZABETH BURTON ORTIZ
    EXECUTIVE DIRECTOR
    ARIZONA PROSECUTING ATTORNEYS'
    ADVISORY COUNCIL (APAAC)
    3838 N. CENTRAL AVENUE, SUITE 850
    PHOENIX, AZ 85012
    602-542-7222
    602-274-4215
    Elizabeth.Ortiz@apaacaz.com
    (BAR NO. 012838)

    RE: R-20-0009

    COMMENT OF THE ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL ("APAAC") IN THE MATTER OF:
    Petition to Amend the Rules of the Supreme Court of Arizona by Adopting a New Rule: Rule 24 - Jury Selection
    Attachments
    Jared Keenan
    New Member
    Posts:1 New Member

    --
    06 Apr 2020 10:12 AM
    Jared Keenan
    American Civil Liberties Union Foundation of Arizona
    AZ Bar No. 027068
    P.O. Box 17148
    Phoenix, AZ 85011
    (602) 650-1854
    jkeenan@acluaz.org

    Attachments
    Deborah Serrata
    New Member
    Posts:4 New Member

    --
    30 Apr 2020 01:43 PM
    KENNETH N. VICK
    CHIEF DEPUTY
    225 WEST MADISON STREET
    PHOENIX, ARIZONA 85003
    TELEPHONE: (602) 506-3800
    vick@mcao.maricopa.gov
    (STATE BAR NUMBER: 017540)

    R-20-0009
    MARICOPA COUNTY ATTORNEY’S
    COMMENT
    Attachments
    State Bar of Arizona
    New Member
    Posts:88 New Member

    --
    01 May 2020 11:55 AM
    Comment of the State Bar of Arizona.

    Lisa M. Panahi, Bar No. 023421
    General Counsel
    State Bar of Arizona
    4201 N. 24th Street, Suite 100
    Phoenix, AZ 85016-6288
    (602) 340-7236
    patricia.seguin@staff.azbar.org
    Attachments
    Janelle Wood
    New Member
    Posts:2 New Member

    --
    01 May 2020 04:08 PM
    Black Mothers Forum, Inc.
    P.O. Box 90917
    Phoenix, AZ 85066


    It is critical during these most unprecedented times to amend rules that are biased, inequitable and create imbalanced decisions that can have an adverse impact on so many lives. As a Concerned Black Mother, often times the judicial system has created unsafe and unsupportive environments for our Black families. This Rule Change will assure members of communities of color that the criminal justice system is committed to providing a more just, unbiased, inclusive, impartial and fair process for all.

    Sincerely,

    Janelle Wood
    A Concerned Black Mother
    Janelle Wood
    New Member
    Posts:2 New Member

    --
    01 May 2020 10:00 PM
    Black Mothers Forum, Inc.
    Janelle Wood
    P.O. Box 90917
    Phoenix, AZ 85042
    info@blackmothersforums.com
    (602) 373-4091

    It is critical that in these unprecedented times we amend rules that create unsafe and unsupported environments for communities of color. As a concerned Black Mother, we are focused on making sure all communities of color who interact with the criminal justice system are afforded just, unbiased, inclusive, impartial and fair decisions. We support this amendment and if adopted will show the criminal justice systems dedication to the same.

    Sincerely,

    Janelle Wood
    A Concerned Black Mother
    Yolanda Fox
    Basic Member
    Posts:158 Basic Member

    --
    04 May 2020 03:07 PM
    The proposed rule establishes new substantive procedures applicable to all Arizona courts that are designed to root out the evil of racial and ethnic discrimination during jury selection.

    Would adopt a new Supreme Court Rule 24 to restrict the exclusion of jurors based on race or ethnicity.

    Jury selection cannot have racial bias. I experienced this first hand in April 2019 when my federal civil rights case went to trial in Sandra Day O'connor Court against the City of Phoenix, Phoenix Police and Jason Gillespie.

    Jason Gillespie horrifically, brutally and intentionally inflicted life threatening and permanent disabling injuries upon me, an unarmed new grandmother, when I called the police for help at the Circle K at 701 E Bethany Home on 7-16-14.

    In deriliction of his duty he never even investigated why I called for help. Phoenix Police, Desert Horizon Precinct and the City of Phoenix did everything in their power for over 5 years to cover it all up including prosecuting me for false trespassing for 2 years. A judge ruled Not Guilty.

    Over 4 and a half years my case finally went to trial after the City of Phoenix police defense attorney Kathleen Wieneke, Wieneke Law did everything in her power to eradicate my case.

    During jury selection a black woman juror was struck by Kathleen Wieneke for no valid reason. The woman said she hadn't personally had a situation with police nor had any family in 'law enforcement'. She would gave brought critical discussion and insight to police violence and corruption and finding Jason Gillespie Phoenix Police guilty of horrifically assaulting and bludgeoning me half to death over calling the police for help. This woman should have never been eliminated as a juror but we believe it was done intentionally based on racial bias as a black woman would have had great consideration for my case and very well could have been a disruptor as black people are several times or more likely to be victims of police violence.

    I have filed an appeal with the 9th circuit based on the Batson Challenge. A commissioner and 2 appellate judges approved my appeal to go forward with my documentation on racial bias profiling and several other points and they appointed me an appeal pro bono attorney.

    Please rule to eliminate this corruption in the state of Arizona and by unscrupulous attorneys.

    Martha Winkler
    4211 E Palm Lane #104
    Phoenix, AZ 85008
    623-521-5152
    martiphoenix@aol.com
    Yolanda Fox
    Basic Member
    Posts:158 Basic Member

    --
    14 May 2020 02:55 PM
    Penelope Denton, Ph.D.
    16642 South 33rd Street
    Phoenix, Arizona 85048
    602-909-1601
    Peneloped@cox.net
    Attachments
    Kevin Heade
    New Member
    Posts:3 New Member

    --
    19 May 2020 07:28 AM
    The Central AZ NLG respectfully requests that this Court withdraw this petition so that the Arizona State Bar’s joint working group composed of the Criminal Practice & Procedure Committee, the Civil Practice & Procedure Committee, and other stakeholders may study this proposal, develop a consensus, and submit a petition aimed at reforming Arizona’s Batson procedures for this Court’s consideration in August 2021. (See Comment of the State Bar of Arizona at 2) (filed May 01, 2020) (discussing intention to form a working group to study the proposal and develop a rule with “broad support”.)

    Kevin D. Heade
    AZ State Bar # 029909
    620 W Jackson St.
    Ste. 4015
    Phoenix AZ 85003
    (480) 251-8534
    Kevin.Heade@gmail.com
    Attachments


    ---