bcrmember
New Member
Posts:19
08 Jan 2021 11:51 AM |
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Jodi Knobel Feuerhelm (#013000) Perkins Coie LLP 2901 N. Central Avenue Suite 2000 Phoenix, Arizona 85012-2788 Telephone: 602.351.8015 Facsimile: 602.648.7000 [email protected] Co-Chair, Batson Working Group Lawrence S. Matthew (#010058) Deputy Public Defender 620 W. Jackson Street, Suite #4015 Phoenix, Arizona, 85003 Telephone: 602.506.7711 [email protected] Co-Chair, Batson Working Group Would adopt a new Ariz. R. Sup. Ct. 24 to regulate the use of peremptory challenges to prevent the unfair exclusion of potential jurors based on race, sex, gender, religion, national origin, ethnicity, disability, age, or sexual orientation. Filed: January 8, 2021 Comments must be submitted on or before Monday, May 3, 2021. Replies must be submitted on or before Tuesday, June 1, 2021.
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Dianne Post
New Member
Posts:8
11 Feb 2021 04:08 PM |
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Dianne Post, (#006141) Attorney for State Conference NAACP 1826 E Willetta St Phoenix, AZ 85006-3047 602 271 9018 [email protected] Attached is a response in support of the rule change.
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clare
New Member
Posts:1
12 Apr 2021 04:14 PM |
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Clare Marie Kronemeyer 7833 south terrace rd Tempe Az 480-861-2711 I support the rule change. I've read enough about the Batson rule to realize that Black jurors are stricken from jury duty more often than White jurors using peremptory strikes, an example being Flowers v Mississippi. I also applaud the recommended change because it is broader than race. As a advocate for rape victims, I've felt the impact of too many men and few or no woman on the jury involving a rape case. In the case of rape, getting to trial is already difficult enough without worrying about blatant discrimination in the jury selection process.
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Kay L. Radwanski
New Member
Posts:11
12 Apr 2021 06:22 PM |
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Honorable Charles W. Gurtler, Jr., Presiding Judge Superior Court in Mohave County 2225 Trane Road Bullhead City, AZ. 86442 Chair, Committee on Superior Court Staff: [email protected] Telephone 602-452-3660 The Committee on Superior Court (“COSC”) has authorized the Honorable Charles W. Gurtler, Jr., chair, to file this comment regarding Petition No. R-21-0008 on its behalf. COSC conducted a special meeting on April 2, 2021, to address various rule petitions. The committee voted unanimously (with four abstentions) to oppose Petition R-21-0008 as an unworkable solution. The committee has filed a more detailed comment to Petition R. 21-0020 that also explains its opposition to Petition R-21-0008. For the reasons stated more fully in its comment to Petition R-21-0020, COSC respectfully asks the Court to deny Petition R-21-0008.
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SueB
New Member
Posts:1
15 Apr 2021 05:49 PM |
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Suzann Braga 4526 N 12th Ave Phoenix, AZ 85013 email: [email protected] cell: 602-918-0552 Word doc and PDF attached
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Kip Anderson
New Member
Posts:2
16 Apr 2021 12:23 PM |
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Kip Anderson 415 E Spring St Kingman, AZ 86401 [email protected] (928) 753-0790 The Mohave County Superior Court Judges have authorized me to file this comment on their behalf. For the reasons stated in the attached document they unanimously oppose Petition-21-0008.
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WACDL
New Member
Posts:1
27 Apr 2021 03:32 PM |
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Fred Rice Program Coordinator Washington Association of Criminal Defense Lawyers 1511 3rd Ave Ste 503 Seattle, WA 98101 phone: 206-623-1302 email: [email protected] I am submitting the attached letter in support of Rule 24 on behalf of the Washington Association of Criminal Defense Lawyers. Thank you.
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AAABA
New Member
Posts:1
28 Apr 2021 03:29 PM |
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Sharon W. Ng (024975) STINSON LLP (00462400) 1850 N. Central Avenue, Suite 2100 Phoenix, Arizona 85004-4584 Tel: (602) 279-1600 Email: [email protected] John H. Gray (028107) PERKINS COIE LLP 2901 N. Central Avenue, Suite 2000 Phoenix, Arizona 85012-2788 Tel: (602) 351-8000 Email: [email protected] On behalf of the Arizona Asian American Bar Association
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Yolanda Fox
Basic Member
Posts:225
29 Apr 2021 03:59 PM |
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Benjamin Taylor Partner Attorney Phone (602) 403-0212 Taylor & Gomez, LLP 2600 North 44th Street Suite B-101 Phoenix, AZ 85008 TaylorGomezLaw.com The Arizona Supreme Court is considering petitions to change Arizona’s Rules of Criminal and Civil Procedure related to peremptory challenges of prospective jurors under Batson v Kentucky. The Arizona Black Bar (ABB) supports changes to Rule 24, and takes no position regarding proposed changes to Rules 18.4/18.5 and Rule 47(e), as detailed below. The ABB supports this rule change. The current requirement to show “purposeful discrimination” is nearly an impossible standard to meet, and the replacement of this standard with the “objective observer” standard seeks to more closely fulfill the intended purpose behind such challenges. The proposed standard is also aligned with Arizona courts’ historical use of the reasonable person standard, and is more consistent with the concept of fairness. Accordingly, the trial court would disallow a peremptory challenge when it finds that any reasonable person could view race as motivating the strike or waiver. Additionally, rejecting invalid strikes even when valid reasons are combined with an invalid reason reduces the likelihood of a party exercising discriminatory strikes and increases the sense of impartiality and fairness in the selection of jurors.
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Wm. E Morris Institute for Justice
New Member
Posts:12
29 Apr 2021 07:58 PM |
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ELLEN SUE KATZ, AZ Bar. No. 012214 BRENDA MUÑOZ FURNISH, AZ Bar. No. 027280 WILLIAM E. MORRIS INSTITUTE FOR JUSTICE 3707 North Seventh Street, Suite 300 Phoenix, Arizona 85014-5095 (602) 252-3432 [email protected] [email protected]
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Diana Cooney
New Member
Posts:36
30 Apr 2021 02:30 PM |
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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) R-21-0008 COMMENT OF THE ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL IN THE MATTER OF: PETITION TO AMEND THE RULES OF THE SUPREME COURT OF ARIZONA TO ADOPT RULE 24 - JURY SELECTION
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Araceli
New Member
Posts:1
30 Apr 2021 03:26 PM |
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Casey Arellano, Bar No.031242 President Los Abogados Hispanic Bar Association P.O. Box 813 Phoenix, Arizona 85001 Cell: 602-332-2093 Fax: 928-817-8584 [email protected] On behalf of Los Abogados Hispanic Bar Association, I am submitting this comment in support of the adoption of proposed Rule 24 . Thank you.
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bcrmember
New Member
Posts:19
30 Apr 2021 10:25 PM |
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Steven C. Gonzalez, Chief Justice Temple of Justice PO Box 40929 Olympia, Washington 98504 (360) 357-2030 j_s.gonzalezcourts,wa,gov Comment by the Chief Justice of the State of Washington's Supreme Court
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State Bar of Arizona
Basic Member
Posts:141
30 Apr 2021 10:35 PM |
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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 [email protected]
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ACDL
New Member
Posts:1
02 May 2021 11:53 PM |
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Meaghan Kramer, AZ Bar #029043 ARIZONA CENTER FOR DISABILITY LAW 5025 E. Washington Street, Suite 202 Phoenix, AZ 85034 (602) 274-6287 E-mail: [email protected] Attached is the Arizona Center for Disability Law's ("ACDL") comment in support of the rule change.
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Kathleen N Carey
New Member
Posts:1
03 May 2021 03:41 PM |
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May 3, 2021 Central Arizona National Lawyers Guild In Re: Supreme Court No. R-20-0008 PETITION TO AMEND THE RULES OF THE SUPREME COURT OF ARIZONA: RULE 31 – JURY SELECTION The National Lawyers Guild is the nation’s oldest and largest progressive bar association and was the first one in the US to be racially integrated. Our mission is to use law for the people, uniting lawyers, law students, legal workers, and jailhouse lawyers to function as an effective force in the service of the people by valuing human rights and the rights of ecosystems over property interests. This is achieved through the work of our members, and the Guild’s numerous organizational committees, caucuses and projects, reflecting a wide spectrum of intersectional issues. Guild members effectively network and hone their legal skills in order to help create change at the local, regional, national, and international levels. The NLG is dedicated to the need for basic change in the structure of our political and economic system. Our aim is to bring together all those who recognize the importance of safeguarding and extending the rights of workers, women, LGBTQ people, farmers, people with disabilities and people of color, upon whom the welfare of the entire nation depends; who seek actively to eliminate racism; who work to maintain and protect our civil rights and liberties in the face of persistent attacks upon them; and who look upon the law as an instrument for the protection of the people, rather than for their repression. The Central Phoenix Chapter of NLG has been active since at least 1980. The proposed rule goes to the heart of Central AZ NLG’s mission by ensuring that no person is ever denied a fair trial because a juror was excluded from serving on the jury because of racial or ethnic bias. There is a strong consensus among legal scholars that racial and ethnic discrimination persists during jury selection. As a criminal defense attorney since 1999, I can verify that I have witnessed such discrimination myself as well as held numerous discussions with other prominent defense attorneys throughout the state that faced similar issues in the selection of jurors in their trials. For example: In at least three of my trials, the panel presented itself with very few minorities in the jurisdiction and in each trial, the state worked diligently to exclude the only potential minority members of the panel. In each trial, the defendant was, himself, a minority. Another instance was the state, literally, using every one of their strikes to cleanse the panel of the small number of minority members leaving the defendant to face a panel of all white members. One counsel reported a trial where an African American potential juror could have been in the final selection but for the state choosing to simply not use one of their preemptory strikes. Of course this deprived the juror and the defendant to a trial process that was race neutral. The Defendant was, of course, also an African American. Reform is needed to address the subtle and persistent forms of discrimination that current procedures have permitted to continue unchecked. Batson v. KY 476 U.S. 79 (1986) is a necessary but insufficient protection to ensure that our law procedures in practice remain fair and objective. We welcome the extension of this protection to sex, gender and other categories because again, it is my experience that this kind of discrimination is quite common in court. I have observed bias directed toward individuals with disabilities, age and gender. While courts have been reluctant to find that a member of the bar has committed discrimination, the revelations of the Innocence Project, the internal investigations in many prosecutor’s offices have revealed horrific behavior across the country. Whether overt or covert this type of bias needs to be rooted out in it’s entirely if we are to have fair courts with due process for all. Doing a minimal job is not all right – people’s lives are on the line. People have spent decades in prison for crimes they never committed because of prosecutorial and law enforcement misconduct. We need a more robust rule and today’s cries for social justice reckoning demand we strive for more and actually work toward meaningful improvements. Respectfully submitted on behalf of the Guild, Kathleen N. Carey Attorney at Law 637 N 3rd Ave Phoenix, AZ 85003 (480) 705-6688
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Laura Ritenour
New Member
Posts:2
03 May 2021 04:06 PM |
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Honorable Frankie Y. Jones Chair, Commission on Minorities in the Judiciary c/o Administrative Office of the Courts 1501 W. Washington St., Ste. 410 Phoenix, AZ 85007 frankie.jones@phoenix,gov Committee staff: Laura Ritenour (602) 452-3675 Comment supporting this Petition
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absMember
New Member
Posts:1
03 May 2021 04:08 PM |
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Scott Bales (#010147) Scott Bales LLC 3219 E. Camelback Road, #432 Phoenix, AZ 85018 602-882-8536 [email protected] The Batson framework has failed to prevent racial and other invidious discrimination in the use of peremptory challenges of prospective jurors. Petition R-21-0008, modeled in part on Washington’s General Rule 37, reflects careful consideration by the members of Batson Working Group of the Arizona State Bar’s Civil and Criminal Practice and Procedure Committee, and it commands the support of the State Bar and a broad range of other groups advocating for greater fairness in jury selection. Based on my review of the comments submitted in response to this petition and to Petition R-21-0020 – and my own experience having served as a judge for some fourteen years, as a federal prosecutor for five years, and as an appellate lawyer representing the State for another two – I share the views of Washington Chief Justice Steven González: while abolishing peremptory challenges would be preferable, changes like those proposed in R-21-008 would be important steps in the right direction. Standing still on Batson reform, in contrast, would not advance justice in civil or criminal trials. Respectfully submitted, Scott Bales
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mcotton15
New Member
Posts:2
03 May 2021 04:36 PM |
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January Contreras (Bar No. 017978) 24 West Camelback Road, Box A335 Phoenix, Arizona 85013 Telephone: (602) 248-7055 Email: [email protected] This Comment in support of R-21-0008 is submitted on behalf of January Contreras.
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Ethan Rice
New Member
Posts:1
03 May 2021 04:47 PM |
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Ethan Rice, Senior Attorney, Fair Courts Project Lambda Legal Defense and Education Fund, Inc. 120 Wall Street, 19th Floor New York, NY 10005 (212) 809-8585 [email protected] Lambda Legal Defense and Education Fund, Inc. ("Lambda Legal") submits the attached comments in support of adoption of New Rule 24 on Jury Selection. Respectfully, Ethan Rice
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Yolanda Fox
Basic Member
Posts:225
03 May 2021 05:50 PM |
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Professor Robert S. Chang Executive Director Taki V. Flevaris Faculty Affiliate FRED T. KOREMATSU CENTER FOR LAW & EQUALITY 901 12th Avenue P.O. Box 222000 Seattle, WA 98122-1090 www.seattleu.edu
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Kara Hyland
New Member
Posts:1
03 May 2021 05:51 PM |
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Kara Hyland (AZ Bar 032458) [email protected] 620 W. Jackson St., Suite 4015 Phoenix, AZ 85003 I support this rule amendment. When I was a student, I observed a trial where the defendant was a Spanish speaker using an interpreter. During his first trial, the interpreter misinterpreted something the defendant said while testifying, in addition to some other nuances in conversation. The mistakes were caught and corrected by the Spanish-speaking lead defense counsel. The jury hung. When speaking to counsel after the trial, one of the jury members commented that she also caught the interpretation mistakes and was glad they were corrected because it would have changed the meaning of the testimony. During the retrial, the prosecution fought to keep those of Latinx origin off of the jury. A Batson challenge was mounted, but ultimately defeated and all Latinx members of the jury pool were excluded from the jury. Under the new rule, the Baton challenge likely would have succeeded.
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Gary Kula
New Member
Posts:4
03 May 2021 05:59 PM |
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Gary M. Kula Director, Maricopa County Office of the Public Defender 620 W. Jackson, Suite 4015 Phoenix, AZ 85003 (602)506-7711 [email protected] AZ Bar #012507 The exclusion of jurors based on race and other demographic identity deprives the criminally accused of a fair trial. The current Batson framework is inadequate to prevent purposeful discrimination in jury selection and neglects to recognize the impact of implicit or unconscious bias. The necessity of reform is well-documented in the petition. Therefore, the Maricopa County Public Defender’s Office supports the proposed rule amendments in this petition.
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Randy McDonald
New Member
Posts:1
03 May 2021 06:05 PM |
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Randal McDonald (#032008) Law Office of Randal B. McDonald 112 N. Central Ave., Suite 100 Phoenix, AZ 85004 602-325-3092 [email protected] The AZ-LGBT Bar Association respectfully submits the attached comments in support of adoption of the proposed rule. Respectfully, Randy McDonald President, AZ-LGBT Bar Association
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Annamarie
New Member
Posts:1
03 May 2021 06:56 PM |
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Annamarie L. Valdivia Senior Staff Attorney Pascua Yaqui Public Defenders Office 7474 S. Camino De Oeste Tucson, AZ 85757 (520) 883-5013 On behalf of the Arizona Minority Bar Association, I am submitting the attached commentary in support of the proposed rule change.
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Deborah Serrata
New Member
Posts:14
03 May 2021 06:56 PM |
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ALLISTER ADEL MARICOPA COUNTY ATTORNEY Kenneth N. Vick Chief Deputy 225 West Madison Street Phoenix, Arizona 85003 Telephone: (602) 506-3800 [email protected] (Firm State Bar No. 00032000) (State Bar No. 017540) PETITION TO AMEND THE RULES OF THE SUPREME COURT OF ARIZONA TO ADOPT RULE 24—JURY SELECTION R-21-0008 MARICOPA COUNTY ATTORNEY’S COMMENT IN OPPOSITION
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Jared Keenan
New Member
Posts:5
03 May 2021 07:06 PM |
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Jared Keenan AZ Bar No. 027068 P.O. Box 17148 Phoenix, AZ 85011 (602) 650-1854 [email protected] Comment of American Civil Liberties Union Foundation of Arizona
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Gabriel J. Chin
New Member
Posts:1
03 May 2021 07:37 PM |
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Laura Conover, Pima County Attorney Pima County Attorney's Office (69000) 32 N. Stone, Suite 800 Tucson, AZ 85701 Phone: (520) 724-5600 Email: [email protected] Arizona Bar Number: 024080
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Emily Skinner
New Member
Posts:1
03 May 2021 08:06 PM |
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Amy Armstrong (AZ Bar No. 022795) [email protected] Emily Skinner (AZ Bar No. 025761) [email protected] Arizona Capital Representation Project 1201 E. Jefferson St., Suite 5 Phoenix, AZ 85007 (602) 388-4023 Attached please find the comment of the Arizona Capital Representation Project in support of the proposed rule change.
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Barry D. Halpern
New Member
Posts:3
03 May 2021 10:22 PM |
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Barry Halpern Snell & Wilmer, LLP One Arizona Center 400 E. Van Buren, Suite 1900 Phoenix, Arizona 85004-2202 602-382-6000 602-382-6070 [email protected] #005441 Attorneys Barry D. Halpern, Brett W. Johnson, Tracy A. Olson, and Claudia E. Stedman submit this Comment in Opposition to R-21-0008 on behalf of the Arizona Medical Association, Arizona Osteopathic Medical Association, and the Arizona Chamber of Commerce and Industry.
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David Euchner
New Member
Posts:29
04 May 2021 12:05 AM |
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ARIZONA ATTORNEYS FOR CRIMINAL JUSTICE DAVID J. EUCHNER, SB#021768 [email protected] Pima County Public Defender’s Office 33 N. Stone Ave., 21st Floor Tucson, AZ 85701 (520) 724-6800 Attorney for Arizona Attorneys for Criminal Justice
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Loren Miller Bar Association
New Member
Posts:1
04 May 2021 12:28 AM |
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Loren Miller Bar Association PO Box 1873 Seattle, WA 98111 [email protected] www.LMBA.net The Loren Miller Bar Association submits the attached comment in support of the Petition to Adopt New Rule 24 on Jury Selection based on our experience with the implementation of Washington State's GR 37 on Jury Selection, which was adopted in 2018.
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Yolanda Fox
Basic Member
Posts:225
01 Jun 2021 08:11 PM |
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Jodi Knobel Feuerhelm (#013000) Perkins Coie LLP 2901 N. Central Avenue Suite 2000 Phoenix, Arizona 85012-2788 Telephone: 602.351.8015 Facsimile: 602.648.7000 [email protected] Co-Chair, Batson Working Group Lawrence S. Matthew (#010058) Deputy Public Defender 620 W. Jackson Street, Suite #4015 Phoenix, Arizona, 85003 Telephone: 602.506.7711 [email protected] Co-Chair, Batson Working Group REPLY IN SUPPORT OF PETITION R-21-0008 TO AMEND RULES OF THE ARIZONA SUPREME COURT TO ADD RULE 24-JURY SELECTION
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