Joint Comment by Maricopa Indigent Defense Offices
620 W. Jackson, Suite 4015, Phoenix, AZ 85003
(602) 506-7711
[email protected]
AZ Bar #025997

Alice Jones
Deputy Solicitor General/Chief Counsel Criminal Appeals Section
State Bar Number 028062
Submitting on behalf of the Arizona Attorney General's Office
Firm State Bar Number 14000
2005 N. Central Ave.
Phoenix, AZ 85004
[email protected]
(602) 542-8587

The Arizona Attorney General’s Office supports Mr. David Euchner’s proposed amendment to Ariz. R. Crim. P. 31.8(b)(1)(B)(ii). Under the current rule, in noncapital cases transcripts of voir dire proceedings and prior conviction trials are not automatically prepared and made a part of the record on appeal unless a party otherwise designates it. A complete record on appeal is necessary for appellate counsel so they do not have to rely on the fleeting memories of trial counsel and for appellate courts, especially if an Anders brief is filed, to determine if any error occurred. Further, discussions about other matters, such as jury instructions, admission of evidence, or sentencing matters, frequently occur during both jury selection and at a trial on prior convictions. These conversations are not always reflected in minute entries and would be unknown unless transcripts are prepared. The proposed changes to Rule 31.8(b)(1)(B)(ii) are reasonable and the Arizona Attorney General’s Office supports the proposed amendment.

Comment of the State Bar of Arizona

Lisa M. Panahi
Bar No. 023421
General Counsel
State Bar of Arizona
4201 N. 24th St., Suite 100
Phoenix, AZ 85016
602-340-7236
[email protected]