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Last Post 24 May 2022 03:47 PM by  Amanda McQueen
R-21-0051 Crim. Pro. Rules 5.3, 6.1, 7.3, and 7.4, Bail Petition
 7 Replies
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Amanda McQueen
New Member
Posts:14 New Member

--
29 Dec 2021 11:07 AM
    David K. Byers
    Administrative Director
    Administrative Office of the Courts
    1501 W. Washington, Suite 411
    Phoenix, AZ 85007
    (602) 452-3301
    [email protected]

    IN THE SUPREME COURT
    STATE OF ARIZONA

    In the Matter of
    PETITION TO AMEND RULES )
    5.3, 6.1, 7.3, and 7.4, )
    ARIZONA RULES OF CRIMINAL )
    PROCEDURE )
    _________________________)

    Filed: December 29, 2021

    Would amend Rules 5.3, 6.1, 7.3, and 7.4 of the Rules of Criminal Procedure to modify the procedures governing pretrial release.

    Comments must be submitted on or before Monday, May 2, 2022.
    Any reply by a petitioner must be submitted on or before Wednesday, June 1, 2022.
    Attachments
    Dianne Post
    New Member
    Posts:3 New Member

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    03 Apr 2022 01:22 PM
    I was on the Arizona Supreme Court Committee for Fair Justice for All that met for several years and produced a lengthy report some years ago. I was the representative for the State Conference NAACP. After much study, this was a recommendation that the committee made. It is long past needed. One issue is that the research showed and your own comments verify that putting a person in jail for even 2-3 days can be catastrophic for them e.g. losing their job, their car is towed, maybe they miss their rent payments, their children are home without a caretaker etc. For a misdemeanor, the 10 days requirement is too long. It should be no more than 2 days. Thank you.

    Dianne Post
    #006141
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602 271 9019
    [email protected]
    Laura Hudson
    New Member
    Posts:1 New Member

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    07 Apr 2022 04:00 PM
    I support these amendments to Rules 5.3, 6.1, 7.3, and 7.4 of the Rules of Criminal Procedure.
    My disabled sister, who has never hurt a fly, was held for almost a week on charges that were later dropped. During that time she was not given all her medications. She rapidly decompensated and had a very difficult time getting back to status quo once she was released. Making sure folks have a lawyer from the start and placing the burden in the state to show why bond is necessary is essential to prevent what is often a devastating impact on health, employment and housing.

    Laura D Hudson, LCSW
    1973 East Vinedo Lane
    Tempe, AZ 85284
    602.622.3884
    [email protected]
    Epiphanie Couture
    New Member
    Posts:1 New Member

    --
    20 Apr 2022 04:09 PM
    National Lawyers Guild ASU Chapter believes placing the burden on the state to show bond is reasonably necessary is particularly important. In conjunction with requiring the appointment of counsel at initial appearances, this provision may reduce unnecessary pretrial incarceration, the likelihood of recidivism, and inequitable economic hardship from bond or lost wages if bond cannot be paid.

    Sincerely,
    National Lawyers Guild, ASU Chapter
    [email protected]
    Diana Cooney
    New Member
    Posts:36 New Member

    --
    21 Apr 2022 03:02 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)

    KENNETH N. VICK
    CHIEF DEPUTY
    MARICOPA COUNTY ATTORNEY'S OFFICE
    225 W. MADISON STREET
    PHOENIX, AZ 85003
    PHONE: (602) 506-3800
    [email protected]
    (BAR NO. 017540)
    (FIRM BAR NO. 00032000)

    THIS COMMENT IS SUBMITTED BY THE ARIZONA PROSECUTING ATTORNEYS’ ADVISORY COUNCIL AND THE MARICOPA COUNTY ATTORNEY'S OFFICE IN THE MATTER OF R-21-0051 PETITION TO AMEND RULES 5.3, 6.1, 7.3 AND 7.4, ARIZONA RULES OF CRIMINAL PROCEDURE.


    Attachments
    David Euchner
    New Member
    Posts:29 New Member

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    02 May 2022 10:50 AM
    ARIZONA ATTORNEYS FOR CRIMINAL JUSTICE
    David J. Euchner, SB#021768
    33 N. Stone Ave., 21st Floor, Tucson, AZ 85701
    TEL: (520) 724-6800
    E-Mail: [email protected]

    Attached is the comment of Arizona Attorneys for Criminal Justice.
    Attachments
    Dianne Post
    New Member
    Posts:3 New Member

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    02 May 2022 11:16 AM
    Our "criminal justice" system is anything but. Research has shown over and over again the inequities in the system based on race, sex, and wealth. Lived experience of the African American community and other people of color and women who are victims of domestic abuse and sexual harassment and rape stand as proof of the continued injustice. We cannot claim to be a country based on the Rule of Law unless the law is fair and equitable not only in words but in application. Bail reform is long needed and we urge you to move forward.

    Dianne Post, Attorney
    State Conference NAACP
    Arizona Justice Alliance
    1826 E Willetta St
    Phoenix, AZ 85006-3047
    602 271 9019
    [email protected]
    Amanda McQueen
    New Member
    Posts:14 New Member

    --
    24 May 2022 03:47 PM
    Reply 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
    Topic is locked

    Forums Rule Change Petitions under Consideration Rules of Criminal Procedure