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Last Post 07 Jul 2021 01:48 PM by  Jennifer Greene
R-21-0022 R.Crim.Pro. 4.2, 6.1, 6.5, 6.6, 7.2, and 7.4
 14 Replies
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Author Messages
Jennifer Greene
New Member
Posts:35 New Member

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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.

    Reply must be submitted on or before Friday, June 25, 2021.

    Extending the comment period until June 28, 2021.

    Any reply due no later than July 7, 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:3 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.
    PCBA
    New Member
    Posts:6 New Member

    --
    26 Apr 2021 04:14 PM
    The Pima County Bar Association supports this Petition. Please see attached comment.

    Commenter:
    James W. Rappaport

    Committee:
    Pima County Bar Association, Rules Committee

    Mailing address:
    177 North Church Avenue
    Suite No. 101
    Tucson, AZ 85701

    Phone Number:
    (520) 623-8258

    Email address:
    [email protected]

    Bar Number:
    031699
    Attachments
    David Euchner
    New Member
    Posts:13 New Member

    --
    29 Apr 2021 12:51 PM
    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

    Attached is the comment of Arizona Attorneys for Criminal Justice supporting the petition.
    Attachments
    Diana Cooney
    New Member
    Posts:29 New Member

    --
    30 Apr 2021 02:27 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-21-0022

    COMMENT OF THE ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL IN THE MATTER OF:
    PETITION TO AMEND RULES 4.2, 6.1, 6.5, 6.6, 7.2 and 7.4, ARIZONA RULES OF CRIMINAL PROCEDURE
    Attachments
    Jennifer Greene
    New Member
    Posts:35 New Member

    --
    26 May 2021 04:12 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]
    Attachments
    Deborah Serrata
    New Member
    Posts:11 New Member

    --
    27 May 2021 06:27 PM
    ALLISTER ADEL
    MARICOPA COUNTY ATTORNEY

    Kenneth N. Vick
    Chief Deputy
    225 West Madison Street
    Phoenix, Arizona 85003
    Telephone: (602) 506-3800
    [email protected]
    (State Bar No. 017540)
    (Firm State Bar No. 00032000)

    PETITION TO AMEND RULES 4.2, 6.1, 6.5, 6.6, 7.2 AND 7.4, ARIZONA RULES OF CRIMINAL PROCEDURE

    R-21-0022 MARICOPA COUNTY ATTORNEY’S COMMENT IN OPPOSITION
    Attachments
    Colleen Clase
    New Member
    Posts:7 New Member

    --
    04 Jun 2021 07:12 PM
    Michael G. Bailey #013747
    Colleen Clase #029360
    Arizona Voice for Crime Victims (AVCV)
    111 E. Taylor Street
    Phoenix, Arizona 85004
    [email protected]

    Attached is AVCV's comment opposing R-21-0022
    Attachments
    James Schoppmann
    New Member
    Posts:3 New Member

    --
    09 Jun 2021 11:01 AM
    James Schoppmann, #023452
    Chief Deputy Mohave County Attorney
    315 N. 4th Street
    Kingman, AZ 86401
    [email protected]
    Phone: (928) 753-0753
    Fax: (928)753-2669

    The Substitute amendment to Rule 7.4(c)(1) is illogical and is inconsistent with A.R.S. 13-3967(B) and Rule 7.2(a). The substitute proposal allows the defendant to literally move for a redetermination of release conditions the second after the court sets release conditions by simply claiming she/he is unable to post the bond. Despite one’s views on the issue of bail, the law does allow a judge’s consideration of the statutory factors to result in a bail that the defendant is unable to post - period. The substitute proposal conflates the issue of determining and setting an actual bail amount to assure appearance and actually being released. The law does allow these two issues to be mutually exclusive.
    The new language in Rule 7.4(c)(1) suggests that the judge is not skilled or apt enough to follow 7.2(a)(3) which requires the judge to consider the defendant’s “employment [and] financial resources” under A.R.S. 13-3967(B)(7).
    Why don’t the drafters of this substitute proposal language just come right out and say the judge should just ask the defendant what she/he would like her/his bail to be?

    I copied the suspect substitute proposal language below:

    Rule 7.4 Procedure
    (a) and (b) [no change]
    (c) Later Review of Conditions.
    (1) Generally. On motion or on its own, a court may reexamine bail eligibility or the conditions of release if the case is transferred to a different court, or if a motion alleges the existence of material facts not previously presented to the court, or, if not previously raised under this provision, the defendant is unable to post bond due to the defendant’s financial condition.

    PCBA
    New Member
    Posts:6 New Member

    --
    15 Jun 2021 05:00 PM
    The Pima County Bar Association opposes the Supplement and reiterates its support of the original Petition. Please see attached comment.

    Commenter:
    James W. Rappaport

    Committee:
    Pima County Bar Association, Rules Committee

    Mailing address:
    177 North Church Avenue
    Suite No. 101
    Tucson, AZ 85701

    Phone Number:
    (520) 623-8258

    Email address:
    [email protected]

    Bar Number:
    031699
    Attachments
    Diana Cooney
    New Member
    Posts:29 New Member

    --
    23 Jun 2021 01:42 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: 602-274-4215
    [email protected]
    (BAR NO. 012838)

    R-21-0022 R.Crim.Pro. 4.2, 6.1, 6.5, 6.6, 7.2, and 7.4

    COMMENT OF THE ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL IN THE MATTER OF:
    PETITION TO AMEND RULES 4.2, 6.1, 6.5, 6.6, 7.2 AND 7.4, ARIZONA RULES OF CRIMINAL PROCEDURE

    Attachments
    Yolanda Fox
    Basic Member
    Posts:193 Basic Member

    --
    25 Jun 2021 02:14 PM
    Judge (Ret.) Ron Reinstein
    Chairman
    Commission on Victims in the Courts
    State Courts Building
    1501 West Washington
    Phoenix, Arizona 85007
    Telephone: 602-452-3138

    COMMENT OF THE COMMISSION ON VICTIMS IN THE COURTS ON THE PETITION TO AMEND RULES 4.2, 6.1, 6.5, 6.6, 7.2, AND 7.4, OF THE RULES OF CRIMINAL PROCEDURE
    Attachments
    Judge Dan Slayton
    New Member
    Posts:2 New Member

    --
    28 Jun 2021 01:57 PM
    The attached response respectfully submitted by Judge Dan Slayton, Presiding Judge, Coconino County.
    Attachments
    Jennifer Greene
    New Member
    Posts:35 New Member

    --
    07 Jul 2021 01:48 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]
    Attachments
    You are not authorized to post a reply.