Central Arizona National Lawyers Guild
Kevin D. Heade
Arizona State Bar # 029909
3905 N 7th Ave.
Phoenix, AZ 85067-3126
(480) 251-8534 [email protected]
Pursuant to Rule 28 of the Rules of the Arizona Supreme Court, Central Arizona National Lawyers Guild (“Central AZ NLG”) respectfully submits this petition to amend Rule 9.1 of the Arizona Rules of Criminal Procedure. Central AZ NLG’s proposed amendment will end the controversial practice of permitting the state to try the accused of criminal offenses in absentia. The proposed amendment mirrors the requirements set forth by Rule 43 of the Federal Rules of Criminal Procedure. Moreover, the proposed amendment aligns with the historical view that a criminal trial could not be conducted in the accused’s absence. Reasons why this proposal should be adopted are included in the attached Petition.
Filed: January 8, 2023
Would amend Rule 9.1 of the Rules of Criminal Procedure to abrogate the State’s authority to try an accused in absentia and adopt the procedures set forth in Rule 43 of the Federal Rules of Criminal Procedure regarding a defendant’s right to be present
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.