Reporter's Guide to Arizona's Legal Community
Media Contact:
Rick DeBruhl
Chief Communications Officer
602.340.7335
rick.debruhl@staff.azbar.org
Main office: 4201 N. 24th Street, Suite 200,
Phoenix, Arizona 85016-6288
Southern Regional office: 270 N. Church Ave.,
Tucson, AZ 85701-2215
The State Bar of Arizona, the Superior Court of Arizona and the
Supreme Court of Arizona are three core components of Arizona's
legal system. This guide provides members of Arizona's media with
an overview on how the legal system operates within the state and
includes contact information and web links.
Overview
The State Bar of Arizona is a
non-profit association that operates under the supervision of the
Arizona Supreme Court. The State Bar regulates all Arizona
attorneys, who must be licensed to practice in this state, maintain
membership in the State Bar and meet all other Supreme Court
requirements.
The State Bar operates a lawyer regulation system that seeks to
protect the public from harm caused by the unethical conduct of
attorneys. The organization's activities are funded through
membership dues and revenue generating programs and services. The
State Bar is not a state agency and is not funded by tax
dollars.
Quick Links
State Bar Board and Governance
The State Bar of Arizona Board of
Governors oversees the policy making and operation of the
organization. The Board is comprised of 30 people, four of whom are
non-attorney, public members. Peers in their district elect the
Board's attorney members to two-year terms. The Board is lead by
five officers who are selected by the Board members. Governing
Structure.
Admission to the Practice of
Law
Anyone wishing to practice law in
Arizona must pass the Bar exam and review of the Committee on
Character and Fitness. The Arizona Supreme Court manages both
processes and applicants are admitted to practice law only by order
of the Court.
Public Services
The State Bar's public service programs
include: Attorney/Consumer Assistance Program, Client Protection
Fund, and the Speakers Bureau.
Arizona Foundation for Legal
Services and Education
The State Bar has a separate charitable
non-profit organization, the Arizona Foundation for Legal Services
and Education, which is committed to serving the public by
promoting access to justice for all Arizona Citizens. The
Foundation's core purposes are to fund legal services programs for
the poor and to sponsor law-related education programs for
children. The Foundation also manages lawforkids.org, an award-winning web site that
was the first in the country dedicated to teaching children about
the law.
Discipline of
Lawyers
The Arizona Supreme Court regulates the
practice of law in the state through a system administered by the
State Bar of Arizona. The number one goal of the discipline system
is to protect the public against attorney misconduct. The
system regulating lawyers is designed to enforce the Rules of
Professional Conduct, which were adopted by the
Arizona Supreme Court.
The Bar's discipline system is an adversarial process through
which the Bar becomes the prosecutor. It submits evidence to an
impartial fact finder which is a three member panel consisting of
the Arizona Supreme Court's Presiding Disciplinary Judge, a
volunteer lawyer and a member of the public. The Bar has the burden
of proving discipline cases by clear and convincing evidence.
What Happens After a
Consumer Inquiry is Investigated?
After a thorough investigation,
consumer inquiries received by the Bar can be handled in several
ways:
- Charges are dismissed if the lawyer's conduct does not violate
the Arizona Supreme Court's Rules of Professional Conduct or if
there is insufficient evidence of a violation.
- Low level violations may be referred to the Mediation or
Diversion Programs.
- A lawyer may be referred to the Peer Review Program when
his/her conduct does not violate the court's ethical rules but the
attorney has shown incivility or unprofessional conduct.
- Disputes about an attorney's bill can be sent to the Bar's Fee
Arbitration Program.
- If the evidence shows an attorney has violated the Rules of
Professional Conduct, Bar counsel recommends that probable cause be
found and sends the charges to the probable cause panel. The
probable cause panel consists of nine members which include six
lawyers and three members of the public.
Probable Cause
Review
Once lawyers working for the bar have
sufficient information to recommend how a charge should be
disposed, he or she prepares a summary of the file. Under new court
rules which went into effect January 1, 2011, that summary is
presented to a nine member probable cause panel (six lawyers, three
members of the public). The panel may decide there is enough
information to move forward with a formal investigation. However,
not all cases go to that level. Bar lawyers can also make
recommendations to the panel which may include: probation,
diversion, restitution, informal admonition, costs or stay. Once
the probable cause panel reviews the recommendations, it makes an
independent decision and enters an appropriate order.
Formal
Proceedings
Once a probable cause order is issued,
lawyers for the Bar prepare a complaint and represent the
State Bar in formal disciplinary proceedings. Formal proceedings
begin when a complaint is filed by Bar counsel with the
Disciplinary Clerk of the Arizona Supreme Court.
Mandatory settlement conferences are held before a designated
settlement officer prior to the evidentiary hearing. Consent
agreements are routinely explored in cases where the essential
facts are not in dispute. If a consent agreement is filed the case
will not proceed to an formal hearing and the presiding
disciplinary judge will make a ruling on the case.
After a formal hearing, the three member panel make a decision
and may impose sanctions. In addition to the above actions,
sanctions may include disbarment, suspension or reprimand. The
sanctions imposed by the panel are considered final unless they are
appealed to the Arizona Supreme Court.
Review by the Arizona
Supreme Court
In addition to cases appealed after the
decision made by the disciplinary panel, the Arizona Supreme
Court may also, at its own discretion, decide to review any
case.
Disciplinary Action
If an attorney is found to have violated the Supreme
Court's Rules of Professional Conduct, the State Bar can recommend
one or more of the following sanctions:
- Restitution: Bar orders return of client funds or unearned
fees.
- Admonition: Not published, but entered on lawyer's public
record.
- Reprimand: Issued by Arizona Supreme Court. Published and
entered on lawyer's public record.
- Suspension: License to practice law in Arizona suspended for up
to five years.
- Disbarment: Arizona Supreme Court revokes license to practice
Law in state. Attorney may apply for reinstatement after five
years. Must prove fitness to practice and pass the Bar exam
again.
Alternatives to Discipline
Diversion
Diversion is a program that shifts the
emphasis in cases involving minor acts of misconduct away from
disciplinary sanctions and toward rehabilitation. It is designed to
address minor acts of ethical impropriety, which typically can be
linked to poor law office management, chemical dependency, or other
behavioral health problems. Diversion is not available in cases
which would warrant a suspension or disbarment or where the
attorney has acted dishonestly or in breach of a fiduciary
duty.
Mediation
The Bar has a mediation program as part
of the disciplinary process. Mediation is an option during the
prescreening phase of a complaint. If the alleged misconduct is
relatively minor, the matter may be referred to one of the lawyer
or non-lawyer mediators throughout the state. It can also be
informally mediated through the State Bar's Attorney/Consumer
Assistance Program.
Unless more serious misconduct surfaces, settlement of a matter
in mediation (and subsequent compliance withagreed-upon terms) will
result in the complaint being dismissed, even if there was an
underlying violation of the ethical rules. Mediation is optional.
Lawyers who decline to mediate will have their matters referred to
the normal disciplinary process.
Ultimate
Authority
The ultimate authority on all serious
discipline cases is the Supreme Court of Arizona.
1501 W. Washington,
Phoenix, AZ 85007
Media
Contact:
Jennifer Liewer
Communications Director
Phone: 602-452-3656
Email: jliewer@courts.az.gov
Overview
The Arizona Supreme Court is
the highest court in the state. The five justices of the Arizona
Supreme Court decide appeals from lower courts. Jurisdiction is
discretionary, meaning that the Supreme Court has the authority to
decide whether or not to take an appeal, except in death penalty
criminal cases, in which case the appeal must be entertained. The
Supreme Court also has administrative functions, such as regulating
the activities of the State Bar of Arizona and reviewing charges of
misconduct by attorneys and taking disciplinary action.
The Supreme Court's primary judicial duties under Article VI, §
5 of the Arizona Constitution, are to review appeals and to provide
rules of procedure for all the courts in Arizona. It is the highest
court in the state of Arizona and is often called the court of last
resort.
The Supreme Court has discretionary jurisdiction, meaning that
the court may refuse to review the findings of the lower court.
Cases in which a trial judge has sentenced a defendant to death,
however, automatically go to the Supreme Court for review.
Five justices serve on the Supreme
Court for a regular term of six years. One justice is selected by
fellow justices to serve as Chief Justice for a five-year term. In
addition to handling casework like the other justices, the Chief
Justice oversees the administrative operations of all the courts in
Arizona.
Superior
Courts of Arizona
Maricopa County: 201 W. Jefferson, Phoenix, AZ
85003
Pima
County: 110 West Congress Street, Tucson, Arizona
85701
Media Contacts:
Overview
The Superior Court is
the state "trial court." Each county has at least one Superior
Court judge. Superior Court judges are assigned all types of civil
and criminal cases, except small claims, minor offenses or
violations of city codes or ordinances. Counties with more than one
superior court judge may also have a separate juvenile court. Cases
involving federal law are handled by the United States District
Court. The Superior Court is part of an integrated judicial system
in the State under the administrative authority of the Arizona
Supreme Court.
Quick
Links
Superior Court Case
Processing
The two major types
of court cases are criminal and civil. Trials in both criminal and
civil cases are generally conducted the same way. After all the
evidence has been presented and the judge has explained the law
related to the case to a jury, the jurors decide the facts in the
case and render a verdict. If there is no jury, the judge makes a
decision on the case.
Criminal Cases
Criminal cases involve the commission of acts
that are prohibited by law and are punishable by probation fines,
imprisonment - even death. The attorney representing the state,
county or municipal government that formally accuses an individual
of committing a crime is the prosecutor. The party charged with the
crime is the defendant.
Overview of Superior Court Civil and Criminal
Cases
Civil Case Procedure
Civil cases typically involve legal disagreements between
individuals, businesses, corporations or partnerships. A person can
also be involved in a civil lawsuit with a government entity, such
as a state, county or city.
Civil cases tried in Superior Court include contract claims,
negligence and tort or personal injury claims, divorce and child
custody cases, probate and wills and other disputes involving
private parties as distinguished from the government enforcement of
criminal laws.
Steps in Bringing a Civil
Lawsuit
- The plaintiff files a document ("complaint") with the clerk of
the court stating the reasons why the plaintiff is suing the
defendant.
- A copy of the complaint and a summons are delivered to ("served
on") the defendant.
- The defendant has a limited time (usually 20 days) to file a
written answer admitting or denying the statements in the
complaint.
- The plaintiff and the defendant exchange information about the
case. This is called "discovery."
- Each side may file motions asking the court to decide discovery
or other disagreements prior to trial.
- The case is tried before a jury or a judge.
- The judge makes a decision or the jury gives its verdict.
- The losing party may appeal the decision to the next higher
level of the court.
Criminal Court
Proceedings
Criminal cases involve the commission
of a crime punishable by law by fines, probation, imprisonment or
even death. The victim is represented by a prosecutor for the State
or the governmental entity that formally accuses the individual of
the crime. The party charged with the crime is the defendant who
may be represented by private counsel or an attorney appointed for
the accused, such as a Public Defender.
Steps in a Felony
Criminal Case
1. Initial Appearance
2. Filing Charges
3. Preliminary Hearing
4. Grand Jury
5. Arraignment
6. Trial
7. Sentencing
8. Appeals Process
Initial
Appearance
This is the first time a suspect appears in court. An initial
appearance for a person in custody must be held within 24 hours of
arrest. A summons with the date and time of the initial appearance
is sent to individuals not in custody.
At the initial appearance, four important events take place:
- The suspect is informed of the felony allegations.
- The person is advised of the right to an attorney. If the court
finds the person cannot afford an attorney, one will be
appointed.
- Conditions of release are established. This means the court
will determine if the person shall be released on bond or on their
own recognizance, or remain jailed for the safety of the
community.
- Another court date is set for the next proceeding, usually in
Justice Court or Superior Court.
Filing Charges
A felony charge is initiated by a complaint or an indictment. A
prosecutor files a direct complaint in court, citing which crimes
were allegedly committed. An indictment is issued by a grand jury,
which determines from evidence presented by a prosecutor that a
crime was committed and the suspect should stand trial on the
allegations. Both a direct complaint and indictment define the
alleged crimes and cite the date of offense and which laws were
violated. The defendant is notified when criminally charged and
informed when to appear for the next court date. A judge can issue
an arrest warrant if information is presented to indicate the
person will not voluntarily appear in court at the scheduled
time.
The Preliminary Hearing
A preliminary hearing is required when a felony case is initiated
by a direct complaint. The prosecutor presents evidence and
witnesses to try to establish probable cause that the crime was
committed and the defendant should stand trial. Generally, a
preliminary hearing is held in Justice Court, but it may be held in
Superior Court. The judge can dismiss the case for insufficient
evidence or order a trial.
Grand Jury
Another method for initiating charges against a defendant is a
grand jury indictment. The grand jury, comprising 16 jurors,
determines whether probable cause exists based on evidence
presented by the prosecutor. Grand juror proceedings are secret and
their actions become public only through the indictment, if one is
handed up.
Arraignment
This brief Superior Court hearing is the defendant's opportunity to
enter a plea to the charges. If the defendant enters a "not guilty"
plea, a court date will be set. If the defendant enters a "guilty"
plea, a sentencing hearing will be scheduled.
Trial
In a criminal trial, the state must prove beyond a reasonable doubt
that the defendant committed the crime. Superior Court juries have
either eight or twelve jurors depending on the nature of the
charges. A verdict must be unanimous or a mistrial can be declared
and the case could be retried.
On rare occasions, instead of having a jury trial, the defendant
and prosecutor agree to a bench trial and ask a judge to determine
the verdict.
In a case where a not guilty verdict is reached, the charges are
dismissed and the defendant cannot be retried on the same charge.
This concept is called "double jeopardy."
Sentencing
A defendant who either pleads or is found guilty faces a
range of possible sentences for the crime. When a verdict is
returned, the judge sets a sentencing date within about 30 days. At
a sentencing hearing, both the defense and the prosecution can
present evidence to help the judge determine an appropriate
sentence. Victims have the right to address the court on what they
believe would be a proper sentence. In Arizona, judges, not juries,
decide sentences.
Arizona law provides for the death penalty in first-degree
murder cases that are especially cruel, heinous or depraved. Life
imprisonment is also an option for murder convictions. The severity
of crimes determines the length of sentences. Sentences of one year
or less are served in the county jail. Sentences of more than one
year are served in a state Department of Corrections facility. For
less severe cases, a defendant may be sentenced to a term of
probation. The court may impose conditions of probation that could
include jail time, community service and counseling. Defendants may
also be ordered to pay restitution to their victims.
Appeals Process
The Supreme Court may choose to review a decision of the court of
appeals when a party (the plaintiff or defendant in the original
case) files a petition for review; always hears the appeal when the
superior court imposes a death sentence; regulates activities of
the State Bar of Arizona and oversees admission of new attorneys to
the practice of law; reviews charges of misconduct against
attorneys, and has the authority to suspend or disbar them; and,
serves as the final decision making body when disciplinary
recommendations are filed against Arizona judges by the Commission
on Judicial Conduct.
Media Guidelines for Cameras in Superior
Court
Other
Courts
Federal Courts
U.S.
Supreme Court
9th Circuit
Court of Appeals
U.S District
Court
Limited Jurisdiction Courts
Municipal Courts
Many incorporated cities or towns have a municipal court, also
known as a city court or magistrate court. Municipal courts have
criminal jurisdiction over misdemeanor crimes and petty offenses
committed in their city or town. They share jurisdiction with
justice courts over violations of state law committed within their
city or town limits. More
info.
Justice of the Peace Courts
Each county's board of supervisors sets the geographical
boundaries, known as precincts, of that county's justice of the
peace courts. Generally, these precincts are larger than city or
town limits and typically incorporate an entire city or town, and
pieces of other communities as well. Although these geographical
boundaries can be changed, the precincts cannot be abolished until
the four-year term of the current justice of the peace expires.
Justice of the peace courts hear traffic cases and certain
criminal and civil cases, including domestic violence and
harassment cases. They can issue search warrants. Their civil
jurisdiction is limited to cases involving claims less than
$10,000. More
info.
General Jurisdiction Courts
The Superior Court
The superior court is the state's general jurisdiction
court. It is a single entity with locations in each county. Each
county has at least one superior court judge. In counties with more
than one superior court judge, the judges operate in numbered
divisions.
The superior court presiding judge in
each county appoints special hearing officers to decide small
claims cases, which are less than $2,500. Small claims cases are
decided before the judge or hearing officer. No attorneys are
allowed to represent clients in these cases, and no appeals are
permitted. Defendants who want to use an attorney may move the case
from the small claims division to the civil division of the justice
court. More
info.
Juvenile Court
Counties with more than one superior court judge also have a
special juvenile court. One or more superior court judges are
assigned to hear all juvenile cases involving delinquency,
incorrigibility and dependency. Juvenile traf50ic cases may be
heard by a court other than the juvenile court (if the presiding
juvenile court judge allows it). More
info.
Appellate Courts
Court of Appeals
The court of appeals was established in 1965 as the first
level of appeal up from superior court. It has two divisions:
Division One in Phoenix (16 judges) and Division Two in Tucson (six
judges). The Court of Appeals Division One, has statewide
responsibility for appeals from the Industrial Commission,
unemployment compensation rulings of the Department of Economic
Security, and rulings by the Tax Court. The appeals process is
generally the same for both civil and criminal cases. (There are
filing fees in civil cases, but not for criminal cases.) More
info.
Arizona Supreme Court
Judges
Merit
Selection of Judges
Arizona voters amended their
constitution in 1974 to provide for a judicial merit selection and
retention process. This amendment requires the governor to appoint
appellate court judges statewide and superior court judges in
Maricopa and Pima Counties from a list of nominees submitted by
judicial nominating commissions. Although the constitution allows
counties other than Maricopa and Pima the option of merit
selection, superior court judges in Arizona's other 13 counties
continue to seek office in contested elections.
Arizona Merit Selection Process for All
Courts
Commission on Judicial Performance Review
Arizona's judicial performance review program strives to provide
clear and accurate reports to the public about how well judges are
doing their jobs before each general election. In 1992, voters
amended the Arizona Constitution to require periodic review of the
performance of appointed judges. The Commission on Judicial
Performance Review was established to administer the performance
evaluation process.
The constitution requires evaluations of judges appointed
through the merit selection process, using specific performance
standards and performance reviews. The performance evaluation
process includes surveys of jurors, witnesses, litigants,
administrative staff and attorneys who have observed the judge at
work. The public also provides input through written comment and
public hearings. Reports on judicial performance are prepared by
the commission and are made available to the voters before general
elections.
Commission on Judicial
Conduct
As authorized by the Arizona
Constitution, the Commission
on Judicial Conduct is charged with reviewing and investigating
complaints against state and local judges and other judicial
officers. The commission DOES NOT have authority to investigate a
judge's decision in a court case or to determine whether or not a
court ruling may be appealed.
The commission has 11 members with diverse backgrounds and broad
experience, both in and out of the court system. Six members are
judges appointed by the Supreme Court: two from the court of
appeals, two from superior court, one from a justice court and one
from a municipal court.
Judge Profiles
Arizona Supreme Court
Superior Court of Arizona - Maricopa
County
Superior
Court of Arizona - Pima County
Glossary of Legal
Terms
A.R.S. -- Arizona Revised Statutes.
Acquittal -- Finding a criminal defendant not
guilty of the charge against him/her.
Admissibility -- The ability to legally and
properly introduce relevant evidence.
Affidavit -- A voluntary statement or
declaration of facts, which has been written down or confirmed
under oath. Affidavits can be administered by judges and notary
publics; by anyone allowed under oath to do so.
Allegation -- An assertion, declaration, or
statement made in a pleading by one of the parties to the action,
detailing the matters, which the party intends to prove.
Answer -- Written response in a civil case; in
it the defendant admits or denies allegations made by the
plaintiff.
Arbitration -- A process for deciding a legal
dispute out of court. In Maricopa County, all civil cases, which
seek a judgment of $50,000 or less, must go to arbitration. Where
arbitration produces a settlement, there is no need for litigants
to incur the cost of trial.
Arraignment -- Criminal proceeding in which the
defendant, in open court, must answer criminal charges by entering
a plea of guilty or not guilty. Defendant either must be
represented by a lawyer or waive his/her right to legal
counsel.
Attorney of Record -- Attorney whose name
appears on the permanent records and files of a particular case.
Initially, the attorney must file a Notice of Appearance with the
Court.
Bail -- Monetary sum assessed by a judge to
ensure that a criminal defendant, who is being released prior to
trial, will appear in court on the trial date. Securities posted
are returned when court appearances are satisfied.
Bailiff -- A Courtroom assistant to the judge
who handles certain courtroom functions including files, jurors,
witnesses, and attorneys.
Bench Conference -- A conference between a
judge and attorney regarding a courtroom proceeding, which is not
necessarily part of the written court record.
Bifurcated Trial -- Where the issues in a case
are divided into two or more hearings or trials. The second
hearing/trial does not necessarily use the same jury as the first.
In criminal cases, insanity issues may prompt a bifurcated trial.
Criminal DUI trials, where the defendant is alleged to have a prior
conviction, are often bifurcated trials. In civil cases, you may
see medical malpractice trials bifurcated when the liability phase
of the trial is separated from the damages phase. And in Domestic
Relations, child custody issues may prompt a bifurcated trial.
Brief -- Written statement explaining facts of
case and laws that apply.
Chambers -- Private office suite of the judge
and his/her staff. Proceedings held in chambers are rarely open to
the press, and only by permission of the judge.
Civil Complaint -- The first pleading in a
civil case filed by the plaintiff. It alleges the material facts
and legal theories to support the plaintiff's claim against the
defendant.
Constable -- Officer primarily responsible for
processing services and performing minor legal duties in Justice of
the Peace Courts.
Conviction -- Finding by a judge or jury that a
person charged with a criminal offense is guilty beyond a
reasonable doubt of committing the crime charged.
Court Commissioner -- Authorized to perform
limited judicial functions. Commissioners are frequently full time
judicial officers appointed by the presiding judge.
Court Clerk -- A member of a judge's staff in
charge of keeping the court records and exhibits. The clerk
generates a Minute Entry after each proceeding.
Court Reporter -- A person who works with a
judge's staff to transcribe by shorthand or record stenographically
the testimony during court proceedings. Note: transcripts are not
automatic; they are generated when requested.
Criminal Complaint -- A written criminal
charge, usually filed before a magistrate, that the defendant has
committed a specified criminal offense.
Damages -- Monetary compensation claimed by a
person who has suffered loss or injury to his/her person, property,
or rights as a result of the negligence or unlawful conduct of
another.
Decree -- An order of the Court given in civil
cases. A final decree is one, which fully disposes of the
litigation; an interlocutory decree is a preliminary order that
often disposes of only part of a lawsuit.
Default -- In civil cases, the failure of the
defendant to file an answer or appear within a certain amount of
time. This will usually result in a default judgment against the
defendant.
Direct Complaint - The County Attorney files a
criminal complaint directly to the Superior Court instead of
utilizing a Justice of the Peace Court or Grand Jury. A Superior
Court judge then holds a probable cause hearing.
Discovery -- The pretrial process by which one
party discovers the evidence that will be relied upon at trial by
the opposing party.
Due Process -- The regular course of
administration through the courts of justice, under the protection
of the law and the U.S. Constitution, enabling every person to have
a fair and impartial trial or hearing.
Evidence -- Proof presented in court through
the testimony of a witness, exhibits, records, objects or written
documents to persuade the judge or jury as to an alleged fact or
position.
For Cause -- Based upon some good reason.
Grand Jury (County) -- Group of 16 citizens
drawn from Maricopa County to investigate in private criminal
matters pertaining to Maricopa County when asked to do so by the
County Attorney. There may be more than one County Grand Jury going
at any time, each meeting twice a week. Evidence is presented by a
prosecutor and witness(es). County Grand Juries typically hear
cases involving drugs, murder, rape, burglaries, and assaults.
County Grand Jury must decide by simple majority whether there is
probable cause to believe the defendant committed the crime. County
Grand Jury has the power to charge a crime by indictment; also may
have the power to issue a report or presentment without charging a
crime. A Grand Jury proceeding negates the need for a Preliminary
Hearing.
Grand Jury (State) -- Group of 16 citizens
which can meet in the Superior Court of either Maricopa County
(Phoenix) or Pima County (Tucson) to investigate in private
criminal matters that pertain to the State when asked to do so by
the State Attorney General. State Grand Jury typically hears
white-collar crimes, fraudulent schemes and artifices, and
forgeries. Typically, one State Grand Jury meets once a month for
four days. Nine members of the State Grand Jury must vote a true
bill, which is to say they found probable cause that the defendant
committed the crime.
Impanel -- The act of making up a list of
jurors who have been selected for the trial of a particular
case.
In Camera -- A Latin term meaning "in
chambers." Traditionally, the term meant a proceeding closed to the
public.
Indictment -- A
formal, written accusation by a grand jury charging that a person
or business committed a specific crime.
Information -- A formal written accusation
filed by a public officer, such as a prosecuting attorney, charging
that a person or business committed a specific crime.
Initial Appearance (IA) -- First appearance in
court by defendant in a criminal case. Under federal case law, an
arrested person must appear before a judicial officer to be advised
of charges and rights, including the right to have an attorney. At
this time, a public defender would be appointed if the defendant
cannot afford to hire counsel. Bond may be set. Depending on the
case, a person might have his/her first appearance in any municipal
or justice of the peace court in Maricopa County.
Judge pro tem -- Arizona is one of the few
states that allows an attorney to be appointed a judge with full
powers for the length of a case or series of proceedings. In
Maricopa County, pro tem judges are employed to keep backlogs down
and cover for vacation schedules.
Jurisdiction -- The legal authority of the
court to hear and decide cases; the exercise of judicial power
within certain geographic boundaries.
Magistrate -- Often used to refer to a
Municipal Court judge, but A.R.S. § 1-215 provides a broad
definition that includes all those judicial officers having power
to issue a warrant for arrest, i.e. a Supreme Court justice,
Superior Court judges, justice of the peace courts, and municipal
courts.
Minute Entry -- Usually a one or two page
summary, always on pink paper. It briefly summarizes what went on
during a court proceeding--everyone who appeared in court, names of
witnesses who testified, what kind of proceeding took place, when
the next court date is, and any orders of the court that were
issued. Minute entries are public documents and are kept in the
court files in the lower level CCB file room. In Maricopa County,
the courtroom clerk generates the minute entry.
Misdemeanor -- A classification for offenses
which are less serious than felonies; a misdemeanor is punishable
by a sentence other than being placed in the custody of Dept. of
Corrections.
Motion -- A written filing, usually from an
attorney to the Court, asking for a rule or order.
Motion in limine - A pretrial motion where a
party requests a ruling from the court that prohibits the opposing
party from raising a particular, highly prejudicial issue at
trial.
Negligence -- Failure to exercise that degree
of care which a reasonable person would exercise under the same
circumstances.
Parole -- A conditional release from prison,
granted by the Board of Executive Clemency.
Petit Jury -- A jury, usually of 12, impaneled
to hear a civil or criminal proceeding in court.
Petition - Written application made to court
asking for legal intervention.
Plaintiff -- In a civil action, the party who
files the lawsuit. In a criminal case, the State is the
plaintiff.
Plea -- Response of a defendant to criminal
charges. Note: When writing copy, you would be in error to say,
"John Doe pled innocent today." The plea is guilty or not
guilty.
Pleading -- Written documents stating the
allegations and claims of the opposing parties in a legal
dispute.
Preliminary Hearing -- Court proceeding that
determines if the criminal defendant should be held for trial. In
Maricopa County, preliminary hearings usually take place in justice
(JP) court in the precinct where the crime occurred.
Probation -- A conditional suspension of
imposition of the court's sentence. If terms of probation are
completed successfully, sentence is not imposed. If terms of
probation are violated, probation may be revoked and the sentence
imposed.
Pro se (pro per) -- a person who is not
represented by an attorney.
Quash - To vacate an order of the Court; for
example, to cancel an arrest warrant.
Remand -- To send back. For example, the Court
of Appeals may remand a case to Superior Court for retrial or other
action.
Subpoena -- Legal document issued by the courts
to order a person to appear as specified and give testimony and/or
bring evidence.
Summons -- Legal document issued by the court
to notify defendant that a complaint has been filed and that he/she
is required to appear and answer the complaint on or before the
time and date specified. A summons is a notice to appear for a
defendant who does not need to be arrested.
Supervening Indictment -- A direct complaint
has been filed, requested by the County Attorney and by the Grand
Jury. If granted, the defendant bypasses the Preliminary Hearing
and goes to an arraignment.
Temporary Restraining Order (TRO) -- An order
to do or not do something until a more complete hearing is held,
usually within 10 days, with both parties present. At that time, a
preliminary injunction may be granted until there is a hearing for
a permanent injunction.
Warrant -- A warrant notifies law enforcement
that a defendant should be arrested when found.
With Prejudice --
Most often means a case cannot be reopened or refiled. Without
Prejudice most often means a case can be reopened or
refiled.
Disclaimer
This Media Guide is intended to be utilized for general
informational purposes only. Court rules and procedures are
continually amended and altered. Therefore, all information
contained herein should be verified with either an attorney or the
appropriate court administration personnel.