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Last Post 01 May 2024 07:43 PM by  David Euchner
R-24-0018 Petition to Amend Ariz. R. Evid. 412
 6 Replies
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Hon. Sara J. Agne
New Member
Posts:15 New Member

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10 Jan 2024 12:45 AM
    Sara J. Agne
    Co-Chair, Advisory Committee on Rules of Evidence
    Judge, Arizona Superior Court
    101 West Jefferson
    Phoenix, Arizona 85003
    Telephone: 602-506-8288
    Facsimile: 602-372-5817

    Maria Elena Cruz
    Co-Chair, Advisory Committee on Rules of Evidence
    Judge, Arizona Court of Appeals
    Division One
    State Courts Building
    1501 West Washington
    Phoenix, Arizona 85007
    Telephone: 602-452-6740
    Facsimile: 602-452-3228

    Would amend Ariz. R. Evid. 412 to conform to Fed. R. Evid. 412 in non-criminal cases

    Filed: January 10, 2024

    Would add a new Rule 412 to the Arizona Rules of Evidence to adopt a non-criminal rape-shield rule that mirrors the federal civil rape-shield rule.

    Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.
    Attachments
    Seth Young
    New Member
    Posts:1 New Member

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    20 Feb 2024 01:54 PM
    Name: Seth Young
    Phone #: 520-367-7206
    Email: [email protected]
    Address: 600 N 4th Street, Apt. 212 Phoenix, AZ 85004

    My name is Seth Young and I am a second year law student at ASU Law. I completely support the proposed amendment to rule 412. First, such an amendment would bring the Arizona Rules of Evidence in closer conformity with the Federal Rules of Evidence. This result aligns with one of the goals of the Arizona Rules of Evidence. Second, this amendment promotes protection of victims who bring civil claims for sexual misconduct. Victim's often struggle to come forward. Societal shame, embarrassment, and general stigma contribute to this hesitation of victims to seek civil redress. This amendment would held victims overcome this potential hesitation to file suit by keeping their irrelevant sexual history and sexually adjacent statements/actions out of the case. Accordingly, 412 will help create a greater incentive for victims to come forward and seek remedy at law. Thus, the proposed amendment for 412 should be adopted because it brings Arizona Rules of Evidence in closer conformity with the Federal Rules of Evidence and increases the likelihood that victims of sexual misconduct feel comfortable bringing civil suits against the perpetrators.
    Brooke
    New Member
    Posts:1 New Member

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    20 Feb 2024 07:05 PM
    Brooke Norton
    1616 N. Central Ave. Phoenix, AZ 85004
    909-875-1382
    [email protected]

    My name is Brooke Norton, and I am a second-year law student at ASU Law. I am writing to support the proposed amendment to rule 412. This amendment brings the Arizona Rules of Evidence closer to the Federal Rules. It also protects victims, which is a major goal of the Rules. Victims who bring claims for sexual misconduct face a difficult burden. This amendment assures that irrelevant sexual history is kept out of the case. This helps victims come forward and overall contributes to justice in Arizona.
    Brock Meyer
    New Member
    Posts:1 New Member

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    08 Mar 2024 02:01 PM
    Brock Meyer
    400 N 2nd Ave, Apt 274
    Phoenix, AZ 85003
    949-584-8313
    [email protected]

    My name is Brock Meyer, and I am a second-year law student attending ASU Law. I fully support the proposed amendment to Rule 412. As it stands, victims of rape face widespread and significant obstacles in pursuing any rape claim, be it criminal or civil. They must overcome deriding social stigma when they self-report, ostracization from their social groups or family, and often a societally-induced sense of guilt for their own attack. These are just some of the obstacles they must face prior to entering a courtroom. The criminal rape shield serves to enable and empower victims to pursue criminal claims without the fear of unfairly prejudicial sexual history or behavior being turned against them. It is an important step in helping eliminate obstacles for victims when they approach the justice system for exactly that—justice.
    Embracing solely a criminal rape shield, however, is not enough. These same obstacles are present within a civil case, and the Arizona Rules of Evidence should thus properly reflect the same shield in the civil realm as well. By doing so, the amendment aligns the Arizona Rules of Evidence more closely to the Federal Rules of Evidence. I support the adoption of this amendment to Rule 412 because it protects victims of rape by empowering them to pursue their legal claims regardless of a criminal or civil nature, it assists in eliminating barriers to that endeavor, it better aligns Arizona's Rules with their Federal counterpart, and it promotes the pursuit of justice in this state.
    afoster
    New Member
    Posts:18 New Member

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    29 Apr 2024 12:46 PM
    Samuel A. Thumma
    Chair, Arizona Commission on Access to Justice
    Judge, Arizona Court of Appeals
    Division One
    State Courts Building
    1501 West Washington Street
    Phoenix, AZ 85007-3329
    [email protected]
    Telephone: (602) 452-6700

    The Arizona Commission on Access to Justice has authorized Judge Sam Thumma, Chair, to submit this comment in support of Petition R-24-0018.
    Attachments
    State Bar of Arizona
    Basic Member
    Posts:163 Basic Member

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    01 May 2024 07:30 PM
    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]
    Attachments
    David Euchner
    New Member
    Posts:33 New Member

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    01 May 2024 07:43 PM
    ARIZONA ATTORNEYS FOR CRIMINAL JUSTICE
    David J. Euchner, SB#021768; Erin K. Sutherland, SB#027627
    33 N. Stone Ave., 21st Floor, Tucson, AZ 85701
    (520) 724-6800
    [email protected]; [email protected]

    Attached is the comment of Arizona Attorneys for Criminal Justice
    Attachments
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