State v. SUPERIOR COURT, NAVAJO COUNTY

OPINION

TOCI, Judge.

This case presents a separation of powers issue: may the juvenile court prevent the county attorney from withdrawing a previously filed motion to transfer a juvenile for prosecution as an adult? In other words, once a transfer petition is filed, does the juvenile court have the power to compel the state to proceed with the transfer hearing?

This question is presented in a special action, brought by joint petition of the state and the juvenile, to challenge the juvenile court’s denial of the state’s motion to withdraw its transfer motion. We accepted jurisdiction, granted…