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Last Post 01 Jun 2021 08:11 PM by  Yolanda Fox
R-21-0008 Petition to Amend the Arizona Rules of Supreme Court to Adopt New Rule 24 on Jury Selection
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Author Messages
bcrmember
New Member
Posts:19 New Member

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08 Jan 2021 11:51 AM
    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.
    Attachments
    Dianne Post
    New Member
    Posts:8 New Member

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    11 Feb 2021 04:08 PM
    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.
    Attachments
    clare
    New Member
    Posts:1 New Member

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    12 Apr 2021 04:14 PM
    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.
    Kay L. Radwanski
    New Member
    Posts:5 New Member

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    12 Apr 2021 06:22 PM
    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.
    SueB
    New Member
    Posts:1 New Member

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    15 Apr 2021 05:49 PM
    Suzann Braga
    4526 N 12th Ave
    Phoenix, AZ 85013
    email: [email protected]
    cell: 602-918-0552
    Word doc and PDF attached
    Attachments
    Kip Anderson
    New Member
    Posts:2 New Member

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    16 Apr 2021 12:23 PM
    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.
    Attachments
    WACDL
    New Member
    Posts:1 New Member

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    27 Apr 2021 03:32 PM
    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.
    Attachments
    AAABA
    New Member
    Posts:1 New Member

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    28 Apr 2021 03:29 PM

    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
    Attachments
    Yolanda Fox
    Basic Member
    Posts:201 Basic Member

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    29 Apr 2021 03:59 PM
    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.
    Wm. E Morris Institute for Justice
    New Member
    Posts:12 New Member

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    29 Apr 2021 07:58 PM
    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]
    Attachments
    Diana Cooney
    New Member
    Posts:30 New Member

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    30 Apr 2021 02:30 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)

    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
    Attachments
    Araceli
    New Member
    Posts:1 New Member

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    30 Apr 2021 03:26 PM
    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.
    Attachments
    bcrmember
    New Member
    Posts:19 New Member

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    30 Apr 2021 10:25 PM
    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
    Attachments
    State Bar of Arizona
    Basic Member
    Posts:101 Basic Member

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    30 Apr 2021 10:35 PM
    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]
    Attachments
    ACDL
    New Member
    Posts:1 New Member

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    02 May 2021 11:53 PM
    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.
    Attachments
    Kathleen N Carey
    New Member
    Posts:1 New Member

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    03 May 2021 03:41 PM
    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
    Laura Ritenour
    New Member
    Posts:2 New Member

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    03 May 2021 04:06 PM
    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
    [email protected],gov

    Committee staff:
    Laura Ritenour
    (602) 452-3675

    Comment supporting this Petition
    Attachments
    absMember
    New Member
    Posts:1 New Member

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    03 May 2021 04:08 PM
    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
    mcotton15
    New Member
    Posts:2 New Member

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    03 May 2021 04:36 PM
    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.
    Attachments
    Ethan Rice
    New Member
    Posts:1 New Member

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    03 May 2021 04:47 PM
    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
    Attachments
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