The Judicial Branch of Arizona, Maricopa County
The six IA Court hearing officers advise defendants of the charges they were booked on, advise them of their rights, appoint defense attorneys to represent indigent defendants, determine the appropriate courts for defendants' next hearing, schedule the next hearing, and either set bond or determine release conditions. (Release eligible defendants only) In addition, hearings officers handle search warrant authorizations (including blood draws on allegedly intoxicated defendants) and emergency orders of protection. Pretrial Services staff interview defendants to assist in IA Court's release decision.
IA Court operates six calendars every 24 hours: 12:00 AM, 3:00 AM, 6:00 AM, 10:00 AM, 4:00 PM, and 9:00 PM. Hearing Officers preside over Initial Appearance calendars Downtown and in the Mesa and Durango Juvenile facilities. Duties also include trips to the Maricopa Medical Center if a defendant is in the hospital.
Recent Innovation: Qualified Spanish interpreters staff the 6:00 AM, 10:00 AM, 4:00 PM, and 9:00 PM hearings. Interpreters are also on call for the 12:00 AM and 3:00 AM hearings, which provides telephone interpreting services for these two calendars. Telephone interpreting, used as a last resort, provides additional assurance that IA Court can provide expedited services to defendants and meet the legal obligation for all in-custody defendants having an initial appearance within 24 hours of arrest.
return to top In many cases the prosecutor initiates a felony charge with a charging document called a complaint. A prosecutor files a complaint in court citing which crimes were allegedly committed and the date of offense. The defendant is notified when criminally charged and informed when to appear for the next court date. A judge can issue an arrest warrant if information is presented to indicate that the defendant will not voluntarily appear in court at the scheduled time.
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A preliminary hearing is where the prosecutor presents evidence and witnesses to establish sufficient probable cause that a crime was committed. If the prosecutor is successful in establishing probable cause, then an arraignment date is set. If probable cause is not established, the judge can dismiss the case for insufficient evidence.
return to top Another method for initiating charges against a defendant is by a grand jury indictment. The Grand Jury, composed of 16 jurors, determines whether probable cause exists based on evidence presented by the prosecutor. Grand Jury proceedings are secret and their actions become public only if an indictment is handed down. Like the complaint, the indictment cites the crimes that were allegedly committed and the date of the offense. Defendants can be notified of an indictment either by a summons or an arrest warrant should the defendant not voluntarily appear in court at the scheduled time.
return to top This brief Superior Court hearing is the defendant's opportunity to enter a plea to the charges. If the defendant enters a "not guilty" plea, a court date will be set. If the defendant enters a "guilty" plea, a sentencing hearing will be scheduled.
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Regional Court Center for Felony Processing (RCC)
RCCs consolidate Justice and Superior Court early felony court hearings into a single event at one of three Superior Court RCCs sites.- Downtown - East Court Building- 7th floor, 101 W. Jefferson, Phoenix [view map]
- Northwest - Glendale Justice Court Facility, 5222 W. Glendale Ave. Glendale [view map]
- Southeast - Mesa Court Facility, 222 E. Javelina Ave. Mesa [view map]
In these RCCs, the case process is expedited by conducting both the preliminary hearing and the arraignment on the same day.
Where guilty pleas are entered, the court also conducts the sentencing. Usually the court conducts expedited sentencings within 7 to 10 days after the guilty plea is entered. Further cost savings occur since prisoner transport to the various justice courts is dramatically reduced. It is estimated that RCCs will save case processing time and money in more than 18,000 felony matters each year.
return to top In response to requirements of Proposition 200, the Court started the EDC program to provide incentives for early pleas and treatment. Initially referred to as the Expedited Drug Court, today EDC stands for Early Disposition Court.
- Downtown - East Court Building- LL, 101 W. Jefferson, Phoenix (basement) [view map]
- Southeast - Mesa Court Facility, 222 E. Javelina Ave. Mesa [view map]
- EDC identifies drug possession cases at initial appearance
- Screens these cases for diversion
- Files non-diversion cases as direct complaints
- Sets cases for preliminary hearings within 10 days of the initial appearances before a judicial officer
- Combines pleas and sentencing into a single hearing
- When appropriate, schedules entry into drug treatment
The prosecutor offers pre and post filing diversion through a private drug treatment vendor known as Treatment Assessment Screening Center Inc. (TASC) to those who are identified at IA Court. Prosecution is suspended for completion of the TASC program. When a defendant fails to participate in TASC, prosecution is reinstated in EDC and the defendant is given another opportunity to plea bargain and is sentenced in EDC instead of having the case set for trial before a judge.
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Initial Pretrial Conferences (IPTC)
Defendants who plead not guilty are scheduled for an IPTC. Since more than 97% of all criminal cases resolve prior to trial, the purpose of the IPTC is to narrow the issues in controversy surrounding the case.Recent Innovation: IPTCs have been moved to 35 days after arraignment, allowing for attorneys and defendant/clients to meet even earlier in cases to resolve issues and possibly the case itself.
return to top On July 17, 2000, motions to continue trials for more than 5 days in criminal cases pending in the downtown court complex, are decided by a judge designated to decide such motions by the Criminal Presiding Judge. The regularly assigned trial judges hear only motions to continue that request trial continuances of 5 court days or less. They hear no more than 1 trial continuance in any particular case.
Motions to continue trials are filed with the assigned trial division, in writing, in compliance with Rule 8. Rule 8 Guidelines are applicable to Maricopa County, and Administrative Order No. 2000-030. The trial divisions grant or deny motions to continue following these guidelines.
In the year that the Motion to Continue Panel has been in place, it has received over 1,800 continuance requests. Over 80% of the requests are granted. Nearly 40% of the continuances are for 20 days or less.
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Final Trial Management Conference (FTMC)
FTMCs are often used in an attempt to resolve cases prior to the scheduled trial date. FTMCs are usually scheduled 2 to 4 days prior to trial and allow the trial judge an opportunity to explore a final possibility of case resolution.Recent Innovation: The criminal bench has recently met to vote that all cases scheduled for trial should have a FTMC scheduled with both the trial attorneys and the defendant present.
return to top Case Transfer is an integral component of the Superior Court's case flow management system. Case Transfer places "overflow cases" with judicial officers, thus ensuring certainty of trial and expeditious case processing. Court coverage is also arranged during absences of judicial officers in those instances when calendars cannot be vacated.
return to top In a criminal trial, the State must prove beyond a reasonable doubt, that the defendant committed the crime. Superior Court juries have 8 or 12 jurors, depending on the nature of the charges. A verdict must be unanimous or a mistrial can be declared and the case could be retried. On rare occasions, instead of having a jury trial, the defendant and prosecutor agree to a bench trial and ask a judge to determine the verdict.
In a case where a not guilty verdict is reached, the charges are dismissed and the defendant cannot be retried on the same charge. This is called "double jeopardy."
return to top A defendant who is found guilty faces a range of possible sentences for the crime. When a verdict is returned, the judge sets a sentencing date within 30 days. At a sentencing hearing, both the defense and the prosecution can present evidence to help the judge determine an appropriate sentence. Victims have the right to address the court.
Arizona law provides for the death penalty as a possible sentence in first-degree murder cases. Life imprisonment, either with or without the possibility of parole, is also an option for murder convictions. The severity of the crime determines the length of sentences. Sentences of 1-year or less are served in the county jail. Sentences of more than 1-year are served in a state Department of Corrections facility. For less severe cases, a defendant may be sentenced to a term of probation. The court may impose conditions of probation that could include jail time, community service and counseling. Defendants may also be ordered to pay restitution to their victims.
return to top At a defendant's initial appearance, a bond (whether secured or unsecured in nature) is set to insure the defendant's presence at the next court appearance. By its terms, a deposit posted as security for an appearance bond remains the property of the individual posting it, subject to specified conditions set forth through the Arizona Constitution, Arizona Revised Statutes and Arizona Rules of Criminal Procedure (Rule 7-Release).
If the defendant meets appearance conditions, the court must determine that there is no longer any need for the bond and order the return of any security deposited (exoneration). If the defendant does not meet the appearance condition or violates any condition of an appearance, a bench warrant is issued with the defendant to be taken back into custody. A Bond Forfeiture Hearing is set for the defendant and/or the surety to give an explanation as to why the release conditions were violated through the act of "failure to appear." If no responsible party appears or the court finds that the reason(s) presented by the responsible party was not credible for failure to appear, then the appearance bond will be forfeited and a civil judgement issued which is subject to enforcement.
Other types of court proceedings can occasionally impact the status of appearance bonds, such as bench warrants being quashed and exonerations which take place outside of a separate Bond Forfeiture calendar activity subject to the presiding Judicial Officer's discretion.
return to top The Fugitive of Justice (FOJ) calendar is a court for defendants who are charged with a crime in another state and have been arrested in Arizona. During a warrants check, a police agency will be notified if a defendant has an outstanding warrant from another state. The defendant is then taken into custody.
The Maricopa County Sheriff's office will then determine if the requesting state still wishes to extradite the defendant. If they still do, the defendant is put on the FOJ calendar. The defendant will have a review hearing 3 times in 90 days, one every 30 days. While this is happening, a warrant from the requesting State's Governor is being prepared. Once the Governor's Warrant is served on the defendant, he/she is held in custody, without bond. The Sheriff's office then notifies the requesting state to come pick up the defendant.
In some cases the defendant is able to post bond and is given permission by the court to go back to the requesting state to take care of the charges. If the defendant is not able to post bond, he/she will remain in custody until the Governor's Warrant is served.
During each review hearing, the defendant is asked if he/she would like to sign a waiver and agree to be extradited by the requesting state. If the defendant signs this waiver, the Sheriff's office will notify the requesting state and they have 30 days to pick up the defendant. If the requesting state does not pick up the defendant, the FOJ case is dismissed and the defendant is released.
return to top Often defendants' competency to assist in their own defense is called into question. At that point the Forensic Services Unit (FSU) provides expedited evaluations on the competency of defendants as ordered by courts at all jurisdictional levels, including Superior Court Judges and Commissioners, Municipal Court judges or Magistrates, and Justices of the Peace. FSU was part of Correctional Health Services until 1995, providing Competency Screening Evaluations, assignment of and liaison with private experts on full evaluations under Rule 11 of the Arizona Rules of Criminal Procedure, and all other mental health evaluations ordered by the courts. FSU improves the quality of consultation to the courts by all mental health experts through education and active community interaction. Further, in addition to educational activities within the mental health community, FSU acts as a resource to the court for educational and policy concerns that deal with mental health or competency issues.
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