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This website allows you to electronically file and monitor court rule petitions and comments and to view existing rules of court, recent amendments of those rules, and pending rule petitions and comments. Any visitor to this site may view posts on this website, but to post a petition or comment you must register and log in. To view instructions on how to register and how to file a petition or comment, please visit our Frequently Asked Questions (FAQ) page. 

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Last Post 03 May 2021 02:48 PM by  Jennifer Greene
R-21-0023 PETITION TO ADOPT RULE 36, RULES OF CRIMINAL PROCEDURE
 6 Replies
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Author Messages
Yolanda Fox
Basic Member
Posts:194 Basic Member

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01 Mar 2021 04:32 PM
    Dave Byers, Administrative Director
    Administrative Office of the Courts
    1501 W. Washington, Suite 411
    Phoenix, AZ 85007
    (602) 452-3301
    [email protected]

    Prop 207 Rule Petition for Expungement

    Would adopt a new Ariz. R. Crim. P. 36 providing a procedure for expunging past convictions for certain marijuana-related offenses.

    Comments must be submitted on or before Monday, April 19, 2021.

    Reply must be submitted on or before Monday, May 3, 2021.
    Attachments
    Judge Dan Slayton
    New Member
    Posts:2 New Member

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    02 Mar 2021 10:46 AM
    Dan R. Slayton
    Presiding Judge for Coconino County
    Division Two
    200 N. San Francisco St.
    Flagstaff, AZ 86001
    (928) 679-7580

    I think the rule change, in whole, is adequate to address the expungement issue. I object to subparagraph (b)(2) however. This section states, "Copy to Prosecuting Agency. If the petition is not dismissed under (b)(1), the court must send a copy of the petition and supporting documentation submitted by the petitioner to the applicable prosecuting agency no later than 10 days after filing. The court shall also notify the prosecuting agency the court may grant the petition if the state does not file a response within the time allowed by (b)(3)."

    It should not be the courts' responsibility to serve notice of petitions from defendants upon the prosecuting agency. Courts do not serve copies of motions to dismiss, motions to suppress, evidentiary motions, etc., etc., filed by defendants on the prosecuting agency. Why should it now be the responsibility of courts to serve copies of the petition initiated by the defendant for expungement on behalf of the defendant? Further, it is not the responsibility of the court to send "reminders" to a prosecuting agency regarding their time running out on an expungement petition. This paragraph places undue and unwarranted responsibility on the courts.

    I simply propose that the responsibility to serve the prosecuting agency with a copy of the petition remains with the defendant. Second, the court may grant a petition for expungement if the prosecuting agency fails to file an objection within the 30 day period.

    Respectfully,

    Judge Dan Slayton
    Coconino County Superior Court
    Deborah Serrata
    New Member
    Posts:12 New Member

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    14 Apr 2021 06:17 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 Number 017540)
    (Firm State Bar No. 00032000)

    In the Matter of: PETITION TO ADOPT RULE 36, ARIZONA RULES OF CRIMINAL PROCEDURE

    R-21-0023 MARICOPA COUNTY ATTORNEY’S COMMENT IN SUPPORT

    Attachments
    Wm. E Morris Institute for Justice
    New Member
    Posts:12 New Member

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    19 Apr 2021 05:46 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
    Jared Keenan
    New Member
    Posts:3 New Member

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    19 Apr 2021 07:48 PM
    Jared G. Keenan
    AZ Bar No. 027068
    P.O. Box 17148
    Phoenix, AZ 85011
    (602) 650-1854
    [email protected]

    Comment of the American Civil Liberties Union Foundation of Arizona and Arizona Attorneys for Criminal Justice
    in Response to Petition to Adopt Ariz. R. Crim. P. 36
    Attachments
    Jennifer Greene
    New Member
    Posts:35 New Member

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    27 Apr 2021 03:44 PM
    Filed on behalf of:
    Dave Byers, Administrative Director
    Administrative Office of the Courts
    1501 W. Washington, Suite 411
    Phoenix, AZ 85007
    (602) 452-3301
    [email protected]
    Attachments
    Jennifer Greene
    New Member
    Posts:35 New Member

    --
    03 May 2021 02:48 PM
    Filed on behalf of:
    Dave Byers, Administrative Director
    Administrative Office of the Courts
    1501 W. Washington, Suite 411
    Phoenix, AZ 85007
    (602) 452-3301
    [email protected]
    Attachments
    Topic is locked