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Arizona Courts If you have issues viewing or accessing this file, please contact us at NCJRS.gov. THE FUTURE OF '-. ARIZONA COURTS Report of ,..................................................... : .... THE COMMISSION ON THE COURTS : .... ; '. · \ REPORT OF THE COMMISSION ON THE COURTS 1989 120983 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stated in this document are those of the authors and do not necessarily represent the official position or pOlicies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by A r j z on a Snp..r.e.rne-c.uur.:./-'-___ to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis­ sion of the copyright owner. Arizona Supreme Court COMMISSION ON THE COURTS 1314 North 3rd Street, Suite 330, Phoenix, Arizona 85004, (602) 255-2136 The Honorable Frank: X. Gordon, Jr. Chief Justice Arizona Supreme Court 201 West Wing, State Capitol Phoenix,Arizona85007 Dear Chief Justice Gordon: I am privileged to present to you the report of the Arizona Supreme Court's Commission on the Courts. This report reflects the action-oriented vision shared by the Executive Committee and the various Task Forces for shaping the direction of Arizona's courts into the next decade and beyond. We believe the evaluations and suggestions of the report reflect the need for a balance between continuity and adaptability in the judiciary; between the need for stability and a realistic appraisal of the changes necessary as we face a new century. In my estimation, the Commission's goal to build a solid foundation for judicial administration by examining and reporting on the organi­ zation processes of the legal system in Arizona, in order to achieve an ordered, fully-integrated judicial branch of government, was well met. Of invaluable importance to the Commission were the many hours of dedication contributed by Task Force chairpersons Noreen Sharp, Ed Hendricks, Bruce Meyerson and Pauline King. We also benefited from the exciting, diverse backgrounds of all our members. These legislators, attor­ neys, court personnel and business and community leaders were an essential asset, each bringing a unique perspective and background to the task. Last, and most important, we all heartily commend your own personal vision and sense of urgency, best revealed in the creation of the Commission itself, as you contemplate the future of Arizona's courts. Both your challenge and the confidence you placed in us were critical to the completion of our goals. We truly hope we have met your hopes and expectations. Sincerely, Eddie Basha .- TABLE OF CONTENTS INTRODUCTION .......................................................................................................... 1 SUMMARY OF RECOMMENDATIONS .................................................................. 2 CHAPTER ONE - ORGANIZING THE SYSTEM Structure, Jurisdiction, and Geographic Organization ............... ...... .................. ..... 6 Supreme Court .... ~ ..................... ,........................ ,.. ,........ ,,, .................. ,...................... 12 CHAPTER TWO - MANAGING THE SYSTEM Judicial Council ......................................................... 11 ••••••••••• , ••••••••••••••••••••••••••••••••• " 14 Management of the Arizona Judiciary ...................................................................... 17 CHAPTER THREE - STAFFING THE SYSTEM Judicial Personnel Qualifications...................................................................................................... 20 "Grandfathering" Judges Currently In Office .................................................... 23 Evaluation and Retention ........................... .......... ........................ ...................... 24 Judicial Discipline .............................................. "'. ............ .......... .................. ...... 25 Merit Selection ................... " ............................................................................... 26 Nonjudicial Personnel Clerks ................................................................................................................... 28 Constables ............................................. ,.............................................................. 29 lA.w Clerks ......... It •••••••••••••••• ,.",.", •• " ••• \; ••••••••••••••••••••••••••••• , •••••••••••••••••••••••••••••••••• 30 CHAPTER FOUR - RESOLVING DISPUTES Establishing Alternative Dispute Resolution Programs .......................................... 32 Arbitration ..................................................................................... ".......................... 35 Medical Malpractice Cases... ........ .............. .................. ........ ..................................... 38 Confidentiality........................................................................................................... 40 Immunity .................................................................................................................... 42 Office of Public Dispute Resolution ............................ .............................................. 44 CHAPTER FIVE - ENHANCING PRODUCTIVITY Caseflow Management and Information Utilization Time Standards .......................................................................... ,........................ 46 Caseflow-Management Techniques for the District Court ................................. 48 Caseflow-Management Techniques for the Intermediate Appellate Courts ... ............ ........................................ ..................... 50 i Role of Lo.wyers in Enhancing Court Productivity Professionalism Among Lawyers........................................................................ 52 Societal and Professional Responsibilities of Lawyers ........ .......................... ...... 54 Discovery Abuse in Civil Cases .......................... .......... .................. .................... 55 Donated Legal Services by Lawyers .................................................................... 56 Lawyer Discipline................................................................................................ 57 Proposals Which Impact the Entire Judicial System Landlord-Tenant Cases............................... .......................... ........ ...................... 59 Prejudgment Interest to Encourage Settlement .................................................. 60 Bilateral Offers of Judgment ................................................................................ 61 Lessening the Standard for Summary Adjudication ........................................... 62 Automation.......................................................................................................... 63 Technology........... .............................. ...................... ............ ........................ ........ 65 CHAPTER SIX - ISSUES AFFECTING THE CRIMINAL JUSTICE SYSTEM Victims and Witnesses..... .......... .......... ...................... .................. .................. ........... 68 Youthful Offenders Sentencing Alternative ............................................................. 70 The Criminal Justice System ..... .................................. .......................... .................... 72 Post-Conviction Proceedings .................................................................................... 74 Judicial Role In Settlement-Related Discussions ...................................................... 76 CHAPTER SEVEN - LEGAL NEEDS OF CHILDREN AND FAMILIES Legal Representation ........... ........ .... .......... .................. ............ ........................... ....... 78 Juvenile Court Dependency. ...... .... ...... ...... ........ ........ .... ............ .......... .... .... ...................... .......... 81 Mediation ............................................................................................................ 83 Treatment Resources ........................................................................................... 86 Family Domestic Relations .............................................................................................. 88 Domestic Violence.. ................................................................................. ............ 91 Family Code ......................................................................................................... 93 CHAPTER EIGHT - INFORMING THE PUBLIC Public Education and Information Programs ................................. .......................... 94 Access .................... 1: •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 0 •••••••••••••••••••••••••••••••••• 96 ii CHAPTER NINE - FISCAL ISSUES Funding the System Proposal for Statwide Funding ....... ...... ................ .......................... ................... 98 Enhancement of Court Revenues ............................................... " ....................... 102 Proposal for Funding Technology ............................................................................. 104 Compensation of Judges ............................................................................................ 106 CHAPTER TEN - ISSUES FOR FURTHER STUDY Creation of a Unified Family Court .........................................................................
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