Legal Opinion

State of Arizona Ex Rel R Romley v. Hon Ballinger

Arizona Supreme Court

Decided August 25, 2004No. CV-03-0376-PRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

JONES, Chief Justice.

¶ 1 This case presents the question whether Maricopa County Superior Court Administrative Order (“AO”) No.2003-079 (including its amended version) constitutes a local rule of court. The AO in question, applicable in all criminal cases, establishes a procedure by which every criminal defendant may seek expedited review of a motion to modify pretrial release conditions. We conclude the AO creates a rule of court. That being the case, Rule 36 of the Arizona Rules of Criminal Procedure requires pre-approval of this court. Because it was not pre-approved, we vacate the…

2Cases cited5 opinions

  1. Hedlund v. SheldonArizona Supreme Court · 1992
  2. Espinoza v. MartinArizona Supreme Court · 1995
  3. Hare v. SUPER. COURT, IN AND FOR CTY. OF PIMAArizona Supreme Court · 1982
  4. State v. City Court of City of TucsonArizona Supreme Court · 1986
  5. Anderson v. PickrellArizona Supreme Court · 1977

3Cited by7 opinions

  1. Dietel v. DayCourt of Appeals of Arizona · 1972
  2. Duff v. LeeCourt of Appeals of Arizona · 2019
  3. American Asphalt & Grading Co. v. CMX, L.L.C.Arizona Supreme Court · 2011
  4. In Re BOND FORFEITURE IN COCHISE COUNTYCourt of Appeals of Arizona · 2013
  5. American Asphalt & Grading v. Cmx, LLCArizona Supreme Court · 2011

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