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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
 32 Replies
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Author Messages
Yolanda Fox
Basic Member
Posts:201 Basic Member

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03 May 2021 05:50 PM
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
Attachments
Kara Hyland
New Member
Posts:1 New Member

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03 May 2021 05:51 PM
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.
Gary Kula
New Member
Posts:4 New Member

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03 May 2021 05:59 PM
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.
Randy McDonald
New Member
Posts:1 New Member

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03 May 2021 06:05 PM
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
Attachments
Annamarie
New Member
Posts:1 New Member

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03 May 2021 06:56 PM
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.

Attachments
Deborah Serrata
New Member
Posts:12 New Member

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03 May 2021 06:56 PM
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
Attachments
Jared Keenan
New Member
Posts:3 New Member

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03 May 2021 07:06 PM
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

Attachments
Gabriel J. Chin
New Member
Posts:1 New Member

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03 May 2021 07:37 PM
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
Attachments
Emily Skinner
New Member
Posts:1 New Member

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03 May 2021 08:06 PM
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.
Attachments
Barry D. Halpern
New Member
Posts:3 New Member

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03 May 2021 10:22 PM
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.
Attachments
David Euchner
New Member
Posts:14 New Member

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04 May 2021 12:05 AM
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
Attachments
Loren Miller Bar Association
New Member
Posts:1 New Member

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04 May 2021 12:28 AM
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.
Attachments
Yolanda Fox
Basic Member
Posts:201 Basic Member

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01 Jun 2021 08:11 PM
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
Attachments
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