R-21-0023 PETITION TO ADOPT RULE 36, RULES OF CRIMINAL PROCEDURE

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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

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Yolanda Fox

Basic Member

Posts:227

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 Final Rule Petition for Expungement.docx Final Rule Petition for Expungement.pdf Order Opening for Pub Cmt and Granting Exp Consideration.pdf R-21-0023 Order re Adopting Rule 36 ARCrP.pdf R-21-0023 Order re Adopting on a Permanent Basis New Crim R 36.pdf

Judge Dan Slayton

New Member

Posts:2

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:14

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 Comment to Prop 207 expungement (R-21-0023).docx Comment to Prop 207 expungement (R-21-0023).pdf

Wm. E Morris Institute for Justice

New Member

Posts:12

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 Comments in Supp of Petition to Add Rule 36 of Crim Pro.pdf Comments in Supp of Petition to Add Rule 36 of Crim Pro.doc

Jared Keenan

New Member

Posts:5

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 2021.04.19 ACLU-AZ and AACJ Comment Rule Petition R-21-0023 and Appendix A_1.pdf 2021.04.19 ACLU-AZ and AACJ Comment Rule Petition R-21-0023 and Appendix A_1.docx

Jennifer Greene

New Member

Posts:35

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 Final Reply R-21-0023.pdf Final Reply R-21-0023.docx

Jennifer Greene

New Member

Posts:35

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 FInal Amended Reply R-21-0023.pdf FInal Amended Reply R-21-0023.docx

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