Cain v. City Court of City of Tucson

According to the majority, we, in the ivory towers of appellate “never-never land,” have a new standard with which to test constraints of procedural law. The beautifully subjective standard is fairness. From now on, the law will be administered with fairness, even if a few hard cases make bad law. No need for this court to supply rules where rules are lacking, for all we have to do is apply the fairness test.

I am well aware that I authored State ex rel. Purcell v. City Court of Phoenix, 112 Ariz. 517, 543 P.2d 1146 (1975), which established this fairness standard. However, I would rather see…