In election cases that by Arizona statute are expedited, the Arizona Supreme Court may issue a decision with an opinion to follow. In cases that are remanded, in particular, jurisdiction is not revested in the Superior Court until a mandate is issued, which only occurs 15 days after an opinion is issued. Therefore, the Superior Court has no legal jurisdiction to act on a decision with opinion to follow until 15 days after the opinion is issued, which largely defeats the purpose of issuing a quick decision with an opinion to follow. A Superior Court judge may choose to act prior to issuance of the mandate, but jurisdiction is unclear. Therefore, this proposal is to add a new subsection (f) to Rule 24 and a new sentence to Rule 22, ARCAP, as follows:
Rule 22. Add new sentence to subsection (c): In an election matter designated by statute for expedited appellate review governed by Rule 10, if the Arizona Supreme Court issues a decision and order with an opinion to follow, the 15 day time period starts on the date of the decision and order.
Rule 24. Add new subsection (f):
(f) In an election matter designated by statute for expedited appellate review governed by Rule 10, if the Arizona Supreme Court issues a decision and order with an opinion to follow, a mandate will be issued 15 days after the decision and order, subject to the filing of a motion for reconsideration under Rule 22. A party may request the Arizona Supreme Court to accelerate issuance of the mandate for good cause.
6750 E. Camelback Rd. #100
Scottsdale, AZ 85251
480-682-3921 [email protected]
Filed September 8, 2023
Would amend ARCAP 22 and 24 to provide, among other things, that if the Supreme Court issues a decision and order with opinion to follow in an election subject expedited review, the mandate will issue 15 days after the decision and order.
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