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Last Post 01 Dec 2022 06:07 PM by  Yolanda Fox
R-22-0045 Petition to Amend Arizona Rule of Criminal Procedure 39(b)(12)
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Yolanda Fox
Basic Member
Posts:216 Basic Member

--
01 Dec 2022 06:07 PM
    Filed on behalf of: Arizona Attorneys for Criminal Justice
    Kathleen E. Brody (#026331)
    [email protected]
    MITCHELL | STEIN | CAREY | CHAPMAN, PC
    2600 North Central Avenue, Suite 1000
    Phoenix, AZ 85004
    Telephone: (602) 358-0290
    Facsimile: (602) 358-0291

    Jared G. Keenan (#027068)
    [email protected]
    American Civil Liberties Union Foundation of Arizona
    3707 N. 7th Street, Suite 235
    Phoenix, AZ 85014
    Telephone: (602) 773-6021

    This petition is filed on behalf of Arizona Attorneys for Criminal Justice (“AACJ”) and seeks to amend Arizona Rule of Criminal Procedure 39(b)(12) by removing Rule 39(b)(12)(A) and (B). The analogue statute for those provisions, A.R.S. § 13-4433(B), has been found unconstitutional in violation of the First Amendment by the U.S. District Court for the District of Arizona. AACJ et al. v. Brnovich et al., No. CV-17-01422-PHX-SPL (Nov. 2, 2022). AACJ requests expedited consideration of the proposed rule amendment and that the Court consider adopting the requested amendment on an emergency basis pursuant to Arizona Rule of the Supreme Court 28(h)(1)-(2).

    Filed: December 1, 2022

    Would abrogate Rules 39(b)(12)(A) & (B) of the Rules of Criminal Procedure to allow defense counsel to make an interview request directly to a victim without going through the prosecutor.

    Comments must be submitted no later than Monday, May 1, 2023.
    Any reply by a petitioner must be submitted no later than Thursday, June 1, 2023.
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