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Last Post 17 Apr 2017 08:39 AM by  Aaron Nash
R-16-0038 New Rule 98, Arizona Rules of Family Law Procedure
 1 Replies
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Author Messages
Martin Lynch
New Member
Posts:28 New Member

20 Jun 2016 01:20 AM
    R-16-0038 Rule 98, Arizona Rules of Family Law Procedure

    Would provide a simplified jury system in family law cases.

    Family Court is known to have its problems but nobody has put forth reasonable solutions, until now. A study of the AZ Constitution reveals Article 6 Section 17 where "the right to a Jury is INVIOLATE". It is also true that Juries have been used over the centuries to bring order to the chaos of the Judicial process. We recognize that Family Court is high volume and a streamlined process is necessary. It should also be obvious that a process where people are constantly fighting with each other is not the efficient and streamlined process that we might have hoped for.

    As noted in the attached, other States have been surveyed and found that variations of the Jury System in Family Court are functioning successfully and lawfully in other jurisdictions. It is proposed that the Jury System which is MANDATED by the AZ Constitution might be applied to Family Courts in Arizona sparingly and in a Judicious manner that will both satisfy the Constitutional requirements while at the same time significantly improving the functions and efficiencies of the Family Courts.

    The attached "Redacted" Federal Younger Doctrine Alert provides insights necessary to determine why Expedited action on this matter is imperative.

    Per Rule 28 (G) We wish to request an Emergency and/or Expedited Adoption of providing efficient access to a Jury in Family Court as required by the AZ Constitution (Attached). The Texas State Constitution which now has functioning Juries in Family Court is provided as reference. Petitioner has illustrated for this Court that this petition is literally a matter of life and death.
    (1) If a rule change petition presents an urgent matter for which compelling circumstances render the annual rule processing cycle inadequate, a request to consider a rule change petition on an expedited basis may be and has been filed with the petition.
    (2) If the court determines that immediate action is necessary for the adoption or amendment of a rule, the court shall take the action required by the circumstances. Any rule adopted by the court pursuant to this section shall be opened for public comment in the manner provided in Rule 28(C), and comment may be made in the manner provided in Rule 28(D).
    Other Considerations:
    A: A similar exception was recently granted for a Rule 72 petition.
    B: This matter affects the civil rights and the very lives of many people on an ongoing basis. The texts and supporting documentation of 42 USC 1983 recognize that concerns of widespread and ongoing violations of civil rights shall be given priority consideration by the courts.

    Per Rule 28(E) Petitioner requests public hearings in a cycle similar to R-15-0006.

    Martin Lynch
    1120 W Broadway Rd #55
    Tempe AZ 85282

    Filed June 20, 2016.

    Order Denying the request for emergency and/or expedited adoption. The rule petition will be considered in due course pursuant to Rule 28, Rules of the Supreme Court - Filed 6/29/2016.

    Comments due May 22, 2017.

    ORDERED: Petition to Add Rule 98, Rules of Family Law Procedure= DENIED.
    Aaron Nash
    New Member
    Posts:7 New Member

    17 Apr 2017 08:39 AM
    Hon. Juan Pablo Guzman, President
    Arizona Association of Superior Court Clerks
    P.O. Box 1265
    Nogales, Arizona 85628

    The Arizona Association of Superior Court Clerks opposes the petition. The Superior Court has jurisdiction over family court matters in Arizona and the Clerks of Superior Court are the jury commissioners in 13 of Arizona’s 15 counties. While the Clerks have no position on Arizona’s policy toward juries in family court proceedings, the petition’s proposals vary so significantly from existing jury requirements and processes that they would be unworkable. The proposal lacks statutory authority and asserts specific timing, practices, and services that, while presumably well-intentioned, could not be carried out and would strain a system already facing challenges with jury participation.
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