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.