State v. Hanger
Court of Appeals of Arizona
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
- Pool v. Superior CourtArizona Supreme Court · 1984
- State v. JohnsonArizona Supreme Court · 1979
- State v. TuckerArizona Supreme Court · 1982
- Alexander v. DeddensArizona Supreme Court · 1970