Legal Opinion · Dissent

State v. Hanger

Court of Appeals of Arizona

Decided June 21, 1985No. 2 CA-CR 3499Published

1DissentHathaway, Judge

Dismissal with prejudice of this criminal prosecution was, in my view, inappropriate and a clear abuse of judicial discretion. It was precipitated by the Board of Supervisors’ refusal, in violation of A.R.S. § 13-4013, to allocate additional funds to meet the attorneys’ fees and costs of these indigent criminal defendants, albeit the court found funds were available. I believe the court abdicated its judicial responsibility and tossed the reins of the administration of criminal justice to the Board of Supervisors.

Dismissal of a criminal prosecution is an extreme measure which should not be…

2Cases cited4 opinions

  1. Pool v. Superior CourtArizona Supreme Court · 1984
  2. State v. JohnsonArizona Supreme Court · 1979
  3. State v. TuckerArizona Supreme Court · 1982
  4. Alexander v. DeddensArizona Supreme Court · 1970

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API