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Last Post 23 Feb 2021 09:48 AM by  James Schoppmann
R-21-0022 R.Crim.Pro. 4.2, 6.1, 6.5, 6.6, 7.2, and 7.4
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Author Messages
Jennifer Greene
New Member
Posts:30 New Member

--
04 Feb 2021 06:02 PM
    Filed on behalf of:
    David K. Byers
    Administrative Director
    Administrative Office of the Courts
    1501 W. Washington, Suite 411
    Phoenix, AZ 85007
    (602) 452-3301
    [email protected]

    Filed: February 4, 2021

    Would amend Ariz. Rs. Crim. P. 4.2, 6.1, 6.5, 6.6, 7.2, and 7.4 to modify bail and release provisions to better ensure that cash bonds to no cause unnecessary pretrial detentions.

    Comments must be submitted on or before Friday, June 4, 2021.

    Replies must be submitted on or before Friday, June 25, 2021.
    Attachments
    Dianne Post
    New Member
    Posts:8 New Member

    --
    13 Feb 2021 06:28 PM
    Dianne Post #006141
    Attorney for State Conference NAACP
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602 271 9019
    [email protected]

    Attached please find a response from the State Conference NAACP urging the adoption of this rule.
    Attachments
    James Schoppmann
    New Member
    Posts:2 New Member

    --
    23 Feb 2021 09:48 AM
    James Schoppmann
    Chief Deputy Mohave County Attorney-ELE
    315 N. 4th Street
    Kingman, AZ 86401
    [email protected]
    (928) 753-0753

    The proposed 7.4(b) is not wise. What is the mechanism to effectuate this provision? Does the judge check the jail roster 1 hour after the initial appearance to see if the bond was posted or does the judge set release conditions and then ask the defendant if he/she can post bond? The rule should require the defendant to request the hearing.

    Where are the statistics from the Arizona Courts regarding changes to rules regarding release conditions based upon the Fair Justice for All schemes? I have requested to see the data over the last few years regarding whether there are actually less instances of defendants failing to appear in Arizona courts but have been unable to secure such data from the Courts. Anecdotally (as that is all there appears to be) it seems there are no fewer failure to appears and unfortunate collateral consequences to include but not limited to: delays in resolving cases and a number of defendants picking up additional charges while on release.
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