Criminal

RULE	AFFECTS	SUMMARY AND IMPACT

Criminal Rules 2.3 Criminal Rule 31.13 Juvenile Rule 106 SCR 111 SCR123 R-12-0004 See the note for information re: effective date	Superior Justice Municipal Judges Clerks Admin	Summary: These rule changes require use of a substitute “victim identifier” in lieu of the victim’s name in cases where defendant was charged with an offense under Title 13, Chapters 14, 32, 35, or 35.1 [sexual offenses, prostitution, obscenity, or sexual exploitation of children], or in cases in which the victim was a juvenile at the time of the offense. A victim identifier means a victim’s initials, a pseudonym or other substitute for the victim’s true full name. Note: Although the Court entered an order in December 2012 that adopted these rule changes, the effective date of these amendments is September 1, 2013. Impact: Crim. R. 2.3(b): The prosecuting attorney must advise the clerk, when filing a charging document in one of these cases, that the case is subject to the provisions of SCR 123(g)(1)(c)(ii)(h). Crim. R. 31.13(c)(5): Appellate briefs in one of these cases must use a victim identifier in place of the victim’s name. Juv. R. 106(H): Also requires use of a victim identifier in place of the victim’s name in appellate briefs in a case involving an allegation of a delinquent act against a juvenile for an offense listed in A.R.S. Title 13, chapters 14, 32, 35, or 35.1, or in which the victim was a juvenile at the time of the offense. SCR 111(i): Requires all opinions, memorandum decisions, and orders in one of these cases to use a victim identifier; but this does not apply to a victim who is deceased when the court enters the opinion, decision, or order. A victim may also waive this requirement by written notice to the court. SCR 123(g): Remote electronic access is limited for a criminal case involving a juvenile victim, or an adult victim of the above offenses. A party, any person, or the court on motion and for good cause may allow remote electronic access, with provisions to protect the victim from embarrassment or oppression.

Criminal Rule 7.6 R-12-0036	Superior Justice Municipal Judges Clerks Admin	Summary: In lieu of a panoply of requested changes to Rule 7.6 concerning bond forfeiture hearings and bond exonerations, the Order simply modifies Rule 7.6(c). The rule change requires the trial court to set a show cause hearing on a bond forfeiture “as soon as practicable after issuance of a warrant” and within a reasonable time not to exceed 120 days. Impact: The 120-day requirement was in the existing rule, and the new rule does not change this. The language about setting a hearing “as soon as practicable after issuance of a warrant” is new.

Criminal Rule 15.8 R-13-0004 See the note for information re: a new comment period	Superior Judges	Summary: The current rule allows sanctions if a prosecutor does not disclose material information at least 30 days prior to a plea deadline. This amendment extends this concept by authorizing the superior court to impose sanctions for a prosecutor's failure to disclose material information to a defendant at least 30 days prior to withdrawal of any plea offer to a defendant under indictment or information in the superior court. Note: Although the effective date of the rule amendment is January 1, 2014, the Court has re-opened the matter for comments. The comment deadline is May 20, 2014. Impact: The court should anticipate that defendants in counties where prosecutors make plea offers that have no deadlines might begin to file motions for sanctions under this amended rule.

Criminal Rule 32.5 Criminal Rule 41, Form 25 R-13-0009	Superior Justice Municipal Judges Clerks Admin	Summary: An amendment to Rule 32.5 deletes a requirement that the defendant must include in a PCR petition “every ground known to him or her for vacating, reducing, correcting or otherwise changing all judgments or sentences imposed upon him or her…” The form for a petition for post-conviction relief deletes the corresponding certification containing this language. Impact: PCR forms provided by the court must delete that portion of the certification as shown in this amendment.

Criminal Rule 32.4 R-13-0010	Superior Judges Clerks Admin	Summary: The amendment extends the time to file the first petition in a capital case PCR proceeding. Under the existing rule, the time is 120 days from the notice of post-conviction relief. The amended rule requires the filing of a petition within twelve months from the notice. Impact: The court must docket the time for filing a PCR petition in a capital case as provided by the rule amendment.

Criminal Rule 12.9 R-13-0015	Superior Judges Clerks Admin	Summary: The amendment provides a timeframe in which the State must act after the trial court has granted a motion for a new finding of probable cause. The prosecution has fifteen days after entry of the court’s order to file a complaint, or to resubmit the case to a grand jury. Impact: A defendant might move for relief based on the State’s failure to comply with this requirement.

Criminal Rule 18.6(b) Civil Rule 47(a)(3) R-13-0022	Superior Judges Clerks	Summay: These two rule amendments add words in the jurors’ oath specifically requiring jurors to follow the admonition. The juror oaths in the civil and criminal rules are now identical. The intent of the new oath is to dissuade jurors from using new technology, including internet searches and social media, during the course of a trial. Impact: Clerks will need to use the new jurors’ oath. Judges may wish during the course of a trial to remind jurors of their oath, including that portion of the oath where the jurors agreed to follow the admonition.

Criminal Rule 41 Forms 18(a) + (b) R-13-0032	Superior Justice Municipal Judges Clerks Admin	Summary: This order amends Form 18(a), plea agreements for non-capital felonies, and Form 18(b), misdemeanor plea agreements, specifically the portion of the forms concerning the avowal of defense counsel. Deleted from the forms: “I believe that the plea and disposition set forth herein are appropriate under the facts of this case. I concur in the entry of the plea as indicated above and on the terms and conditions set forth herein.” Added to the forms: “I believe that the defendant’s plea is knowing, intelligent, and voluntary and that the plea and disposition are consistent with law.” Impact: The court must amend its plea agreement forms to conform to these changes.

Please note: Supreme Court Rule 42 R-11-0033	Superior Justice Municipal Judges Clerks Admin	The changes to this rule affect criminal cases. Please see the summary that appears under the Supreme Court Rules, infra.