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Wasted Anger

I keep thinking about something I saw in court a little while ago. The judge, a former sex crimes prosecutor with a temper that makes her unpopular among attorneys on both sides, decided to take a page out of Judge Judy’s playbook and dramatically castigate a defendant at sentencing. “I’m very sorry, and I will not let it happen again,” the defendant said. The judge attacked before he could even finish, asking him why things were going be different this time. She threw his priors at him when he tried to explain. She rubbed in the fact he was on probation when it happened. She expressed her disbelief by rolling her eyes, and she made sarcastic remarks. His pleas fell on deaf ears. She … Read entire article »

Filed under: Arizona Statutes, Courts

"Looks Like I'm Out of Judges"

I haven’t been blogging because of my schedule. Too much work, not enough time. The end is in sight though. Or rather, the end was in sight. I was supposed to start a six or seven day felony trial this morning, and my schedule looked pretty bearable after that. The case is in Maricopa County Superior Court, and it’s assigned to the master calendar. I’ve complained about RCC before. The master calendar isn’t much better. Whereas RCC seems designed to make sure most lawyers appear lost at all times prior to an indictment, the master calendar seems designed to rush every case to trial after an indictment without letting the parties see the same judge twice. I haven’t figure out why anyone would … Read entire article »

Filed under: Courts, Trial

Who Plans These Things?

Maricopa County Superior Court’s Downtown Regional Court Center, or “Downtown RCC” as they call it, may be the most irritating place in the state to handle a case. The Maricopa County regional court centers are where a lot of felony cases end up in their early stages. The cases I’ve had there are ones in which the county attorney has filed a complaint but probable cause has yet to be found for the charges by way of a grand jury indictment or preliminary hearing. When I’m at the Downtown RCC, I usually have to find out what the initial plea offer is and either affirm the preliminary hearing or request a continuance to see about getting a better offer or a dismissal. Downtown RCC is in the basement … Read entire article »

Filed under: Courts, Practice in General, Prosecutors

No Constitutional Crisis Here

Maricopa County Sheriff’s Deputy Adam Stoddard violated a defendant’s constitutional rights, Superior Court Judge Gary Donahoe held him in contempt, and Stoddard is now in jail after refusing to follow the judge’s order and apologize. The way I see it, the loser here isn’t Stoddard or his boss, the ever-defiant Sheriff Joe. I think Stoddard ends up looking good to most people. Even I’m a little impressed with the guy. He did his job, refused to apologize for doing what he was trained to do, then took one for the team and followed the judge’s order. I tend to have serious problems with blindly following authority, but I can definitely appreciate how far Stoddard is willing to go to do what he perceives to be his duty. … Read entire article »

Filed under: Clients, Courts, Government Rants

And The Machine Keeps on Running…

Adrian likes to call Maricopa County Superior Court “an enormous machine of injustice.” I think that’s a perfect description. To some extent, every Arizona court hurriedly shuffles criminal defendants through one after another, but Maricopa County is especially cold and impersonal. Each person being prosecuted is one little thousandth of a percent added or subtracted from some number Andrew Thomas hopes to brag about come next election. Unavailable deputy county attorneys and a crowded master calendar serve to ensure that no defendant’s voice gets heard prior to trial, if at all. More than anyone else, illegal immigrants find themselves on the conveyor belt heading straight into the machine. When sheriff’s deputies pick up a van full of illegals driving through the county, the wheels of the machine begin … Read entire article »

Filed under: Courts, immigration

Judges Aren't Always Right

A week or two ago, I saw a judge make a ruling completely contrary to the law. It happens, but usually not so obviously. The judge was hearing a number of pleas at once. Two of the defendants were in custody and pleading to aggravated DUI. Pursuant to A.R.S. § 28-1383(D) and (E), certain types of felony DUI require that a defendant spend a certain amount of time in prison before being placed on probation. In Arizona, prison and jail are different. Jails are run by counties and cities, and felony defendants spend their time in county jail pending resolution of their criminal matters. Prisons are run by the state. You can only go to prison if you are sentenced. Both of those pleading defendants were in … Read entire article »

Filed under: Arizona Cases, Arizona Statutes, Courts, DUI

They Don't Mean It

I’ve been noticing a lot of signs in court buildings saying something to the effect of “if you are exhibiting flu-like symptoms, please be courteous and stay home.” I guess the whole swine flu scare is just now reaching the courts. The signs aren’t a bad idea, but I find them misleading. I doubt many judges would be willing to excuse a defendant from court because of flu-like symptoms. Last week I saw a tribal court judge issue a bench warrant for a terminally ill defendant who missed court because she was too sick to leave the hospital. Does a defendant with flu-like symptoms, someone not even verifiably suffering from a full-fledged case of the flu, really have a chance of having his or her absence excused? If … Read entire article »

Filed under: Courts, Government Rants

Wasting Tax Dollars

I currently represent a client charged with possession of marijuana. By itself, that’s not unusual. What is unusual, however, is that the state claims he had weed in prison. He just finished serving his 18th year, and he’s got a little over 56 years left to go. He’s middle-aged. Why would the state choose to prosecute such a case? What else can they do to him? He’s going to enjoy his field trips to court. If he goes to trial, it’s going to feel good to wear street clothes and take the restraints off, even if it’s just for a little while. What kind of plea is a “lifer” going to want to take? The prosecutor knows all of this because I told him. … Read entire article »

Filed under: Courts, Prosecutors

Buckeye Needs to Update Its Website

In Arizona, both superiors courts and limited jurisdiction courts can hear criminal matters. Limited jurisdiction courts are “limited” in that they only hear misdemeanors, not felonies. We have both county and municipal limited jurisdiction courts. In a county limited jurisdiction court, or justice court, criminal cases are prosecuted by the county attorney. In a city limited jurisdiction court, they usually have their own prosecutor. In some places, it’s your typical prosecutor’s office. Others just contract with private attorneys to prosecute cases. Some town prosecutors are actually defense attorneys with prosecuting contracts. I couldn’t imagine representing defendants half of the time and prosecuting defendants half of the time. Sometimes, there will be a city court and at least one justice court in the same building. … Read entire article »

Filed under: Courts

The Factual Basis

Hang around most Arizona courts for a little while, and you’re likely to see a plea fall through for lack of a factual basis. For those readers who don’t know what I’m talking about, Arizona’s rules of criminal procedure require that a court determine whether a factual basis exists for each element of the crime to which a defendant is pleading before it can enter judgment on a guilty plea. Evidence constituting the factual basis can come from any part of the record or from a defendant’s statements. There’s no reasonable doubt standard for a guilty plea. Instead, the court just has to find strong evidence of guilt. In a few courts, the plea will simply have a provision that says, “factual basis taken from police report … Read entire article »

Filed under: Courts, Practice in General

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