News Archive
AACJ Releases White Paper on DUI Committee Report, "Justice without Quality is Justice Denied"
Apr 06, 2006
The Supreme Court's DUI Case Processing Committee has issued a report recommending expedited disposition of DUI cases. The report has been adopted by the Supreme Court and is being implemented in pilot programs across the State. Defense attorneys are concerned there will be an unreasonable rush to expedite the "processing" of DUI cases while sacrificing Constitutional protections.
Speaking through the Arizona Attorneys for Criminal Justice ("AACJ"), we have prepared a response cautioning the court system not to expedite "case processing" at the expense of Constitutional protections. As spokespersons for AACJ, we request that the court system, the legislature, the press and the public, take a careful look at the recommendations of the DUI Case Processing Committee, and the recommendations in this report.
There is a large volume of misdemeanor DUI cases, far greater in number than felony prosecutions. However, they are important because they impact the average, middle class, blue and white collar workers, their families and friends. To them, the prospect of friends and family members being cited in municipal courts or justice courts on DUI charges is as serious as a felony might be to someone else. The concern is courts will become directed toward speedy dispositions, regardless of fairness, and that municipal and justice courts will install assembly line justice with an implied quota system for defendants to enter pleas, and that expediency will replace fundamental fairness and even-handed justice.
Already there has been concern about expert witnesses for the Defense not being allowed to testify because of court scheduling problems, attorneys with conflicting trial dates being threatened with removal from privately retained cases, and the discovery process being shortened to accommodate the rush to trial, plea agreements, and convictions. There has been no meaningful effort to hire more judges, court staff or interpreters, or to build more courtrooms to accommodate the increasing case load. Instead, the emphasis is only to speed up pleas and trials.
The full AACJ White Paper is available here.
Joseph P. St. Louis, Tucson, Arizona
President, Arizona Attorneys for Criminal Justice
(520) 770-9867
JoeStLouis@azdefense.com
W. Clifford Girard, Phoenix, Arizona
Committee Chairman
wcgirard@aol.com
(602) 252-7160
Stephen Paul Barnard, Tucson, Arizona
(520) 624-2494
Spb33@aol.com
Kathleen N. Carey, Phoenix, Arizona
careyleglaw@aol.com
(480) 227-7922
David G. Derickson, Phoenix, Arizona
dderickson@dgdlaw.com
(602) 277-6072
John Phebus, Phoenix, Arizona
Phoenix, Arizona
phebuslaw@worldnet.att.net
(602) 847-7117
Lisa Posada, Phoenix, Arizona
Phoenix, Arizona
lisaposada@aol.com
(602) 790-7730
Curtis A. Rau, Phoenix, Arizona
crau2@cox.net
(602) 319-0738