Lindsay R. v. Cohen

OPINION

SWANN, Judge.

¶ 1 The petitioners in this special action contend that under the Victims’ Bill of Rights (“VBR”), Ariz. Const, art. 2, § 2.1, victims’ counsel was authorized to substitute for the prosecutor in criminal restitution proceedings. Because no provision of the VBR authorizes privatization of the restitution process, we hold that such substitution is not allowed.

FACTS AND PROCEDURAL HISTORY

¶ 2 In December 2012, Jeffrey David Meyn was indicted for the manslaughter of James R. Soon thereafter, private counsel entered a notice of appearance on behalf of James R.’s surviving…