Courts


Downtown Phoenix neighborhood "The Deuce," around Third St and Jefferson, early 1960s.

Downtown Phoenix neighborhood “The Deuce,” around Third St and Jefferson, early 1960s.

What happened to Miranda?

That intriguing question is how attorney Paul Ulrich opens his article on the landmark case that appears in the June Arizona Attorney Magazine.

Most everyone in the United States has at least a rudimentary knowledge of the Miranda warning, if not of the case itself. But 50 years on, how deep and long-lasting are the rights associated with Miranda v. Arizona? For in those five decades, multiple court rulings have chipped away at the bedrock of the case.

Is Miranda still a powerful case? Or merely an important piece of legal history?

Read Paul’s article, and let me know what you think.

One of the pleasures of covering the landmark case was in sharing some photos of downtown Phoenix, from about the same time period as Miranda’s arrest and trial.

As Paul mentions in his article, the once-shady—and vibrant—neighborhood of downtown was called “The Deuce.” Longtime residents are often pleased to share stories of the activities that marked the streets and alleys.

To learn more about that neighborhood, and more, read Jon Talton’s blog, Rogue Columnist. It is worth bookmarking.

And if you want a more concrete memory of the case, head over to the ABA website, where you buy a T-shirt emblazoned with the Miranda warning. You never know when that may come in handy

Arizona_Supreme_Court_SealThanks to a change in Arizona law, there are two new openings on the Arizona Supreme Court. Applications are due August 8, so start reviewing your resume and gathering your recommendations. Here is how the Court describes the positions and the process:

Applications are being accepted for two new positions on the Arizona Supreme Court. The Commission on Appellate Court Appointments will review applications, interview selected applicants, and recommend at least three nominees for each position to Governor Doug Ducey.

A copy of the application form can be downloaded at the Judicial Department web site. Applications may be also obtained from the Administrative Office of the Courts, Human Resources Department, 1501 W. Washington, Suite 221, Phoenix, by calling (602) 452-3311, by sending an electronic mail request to jnc@courts.az.gov.

Applicants must be at least 30 years of age, of good moral character, and, for the past 10 years, admitted to the practice of law in and residents of Arizona.

The original completed application, one single-sided copy and 16 double-sided copies must be returned to the Administrative Office of the Courts, Human Resources Department, 1501 W. Washington, Suite 221, Phoenix, AZ, 85007, by 3:00 p.m. on August 8, 2016. The Commission may, at its discretion, use the applications filed for these vacancies to nominate candidates for any additional vaca­ncies known to the Commission before the screening meeting for these vacancies is held.

All meetings of the Commission on Appellate Court Appointments are open to the public.

As of January 1, 2017, the new justices will be paid $157,325 annually.

Arizona Supreme Court building

Two new Arizona Justices will be appointed, following a new law signed by Gov. Doug Ducey. Applications are due August 8, 2016.

Gavel Gap report cover-page0001This past month, the American Constitution Society for Law and Policy released a report that examines diversity among state court judges. Their analysis from all 50 states and the District of Columbia revealed what the ACS is calling “the gavel gap.”

As described by the ACS:

“For most people, state courts are the ‘law’ for all effective purposes. But we know surprisingly little about state court judges, despite their central and powerful role. Unlike their counterparts on the federal courts, much of the relevant information is non-public, and in many states, not even collected in a systematic way. This lack of information is especially significant because judges’ backgrounds have important implications for the work of courts and the degree to which the public has confidence in their decisions.”

“In order to address this serious shortcoming in our understanding of America’s courts, we have constructed an unprecedented database of state judicial biographies. This dataset—the State Bench Database—includes more than 10,000 current sitting judges on state courts of general jurisdiction in all 50 states. We use it to examine the gender, racial, and ethnic composition of state courts, which we then compare to that of the general population in each state. We find that courts are not representative of the people whom they serve. We call this disparity The Gavel Gap.”

The primary report authors are Tracey E. George, Professor of Law and Political Science at Vanderbilt University, and Albert H. Yoon, Professor of Law and Economics at the University of Toronto.

As they conclude, “We find that state courts do not look like the communities they serve, which has ramifications for the functioning of our judicial system and the rule of law. Our findings are particularly important given the vital role state courts play in our democracy, in our economy, and in our daily lives.”

The complete report is available here and is only 28 pages. Thankfully, it’s also written clearly and accessibly. If you’d like a deeper dive, the ACS also permits anyone to download the underlying data to examine things for yourself.

Take a look. I’d enjoy hearing what you think of the gap in Arizona, or nationwide. And here are a few of the report’s findings.

Gavel Gap infographic 1-page0001

Gavel Gap report infographic 1

Gavel Gap report infographic 3Gavel Gap infographic 2-page0001

Gavel Gap report infographic 2

Court fees are just part of the downstream penalties assessed on formerly incarcerated people. (Infographic by Ella Baker Center for Human Rights)

Court fees are just part of the downstream penalties assessed on formerly incarcerated people. (Infographic by Ella Baker Center for Human Rights)

“Families and communities are our nation’s unrecognized re-entry program.”

When it comes to our nation’s prison incarceration numbers, a truer and more startling statement may never have been uttered. And those words highlight one of the stark realities that confront communities who welcome home family and other loved ones who have ended their term of incarceration. For in a nation committed to a criminal justice strategy marked by long terms of imprisonment, “time inside” is only one part of the long-term penalty assessed on inmates and their families.

The quote above was spoken by Zachary Norris, an attorney and Executive Director of the Ella Baker Center for Human Rights, based in Oakland, California. I spoke with him in early May, mainly in regard to a report whose creation was led by the Ella Baker Center titled “Who Pays: The True Cost of Incarceration on Families.”

Zachary Norris, Executive Director of the Ella Baker Center for Human Rights, Oakland, Calif.

Zachary Norris, Executive Director of the Ella Baker Center for Human Rights, Oakland, Calif.

My interview with Zach Norris, and with many others, was spurred and supported by a fellowship I received from John Jay College of Criminal Justice and the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Law School. More detail about the Fellowship is here and here. And you should read more about the Quattrone Center here. Material from my research supported by those organizations will appear here and in an upcoming issue of Arizona Attorney Magazine.

A few years ago, I was able to cover a related topic thanks to a John Jay/Guggenheim Fellowship: the possibility for sentencing reform in Arizona and nationwide. A previous article that resulted from my coverage is here. This year, I’m following the story from the sentencing and prison setting—where such sentencing changes did not materialize in Arizona—out into the community, which must address the downstream consequences of prison sentences and multiple other penalties assessed on the formerly incarcerated person—and their families.

In the coming days, I’ll report more on what Zach Norris told me, and what some of those punishing realities facing communities and families are.

In the meantime, if you or someone you know has been affected by the returnee challenges, either personally, or in your expert experience as an attorney or otherwise, I’d like to hear from you. Write to me at arizona.attorney@azbar.org.

Infographic by Ella Baker Center for Human Rights

Infographic by Ella Baker Center for Human Rights

 

Nepal Justice System Delegation Returns to Arizona Supreme Court 2016_opt

Representatives from Arizona and Nepal meet.

News from the Arizona Supreme Court:

The United Nations Development Program (UNDP) recently sponsored a second visit to the Arizona Supreme Court with members of Nepal’s judiciary. After a 2015 visit with the Arizona Supreme Court, the Nepal Supreme Court established an access to justice commission modeled on what they learned in the United States, including the example of the Arizona Supreme Court’s own Access to Justice Commission.

Earlier this year, the Honorable Ms. Sushila Karki became the first female Chief Justice of Nepal’s Supreme Court.

Nepal Chief Justice Sushila Karki

Nepal Chief Justice Sushila Karki

As part of the UNDP project entitled Access to Justice Commission (A2JC) Study Visit in Nepal, the Nepalese judges met with Chief Justice Scott Bales and local subject matter experts to discuss such topics as: strengthening access to justice, addressing domestic violence cases, increasing representation of women in the judiciary, and meeting the justice needs of minority communities. The day-long program included the following speakers:

  • Mr. Dave Byers, Director, Arizona Supreme Court
  • Hon. Scott Bales, Chief Justice, Arizona Supreme Court
  • Hon. Maurice Portley, Judge, Court of Appeals, Chair of Commission on Minorities
  • Professor Paul Bennett, University of Arizona James E. Rogers College of Law
  • Mr. Michael Liburdi, Chief Counsel to Gov. Doug Ducey
  • Hon. Larry Winthrop, Judge, Court of Appeals, Chair of Commission on Access to Justice
  • Hon. Wendy Million, Judge, Tucson City Court, Chair, Committee on the Impact of Domestic Violence and the Courts
  • Mr. Marcus Reinkensmeyer, Court Services Division Director Case Management

“Nepal’s judicial leaders have embraced the goals of expanding access to justice and better addressing the needs of minorities, women, and victims,” Chief Justice Scott Bales said. “We shared with them how Arizona works to provide equal justice for all through court innovations and the work of our advisory committees, which are comprised of volunteers representing a wide range of perspectives.”

The representatives from Nepal included:

  • Justice Govinda Kumar Upadhya, Nepal Supreme Court
  • Justice Jagadish Sharma Poudel, Nepal Supreme Court
  • Hon. Additional District Judge Surya Prasad Parajuli, Kathmandu District Court
  • Mr. Shree Kanta Paudel, Registrar, Nepal Supreme Court
  • Mr. Kumar Ingnam, Member, Access to Justice Commission
  • Mr. Raju Dhungana, Section Officer, Nepal Supreme Court
  • Ms. Khem Kumari Basnet, Section Officer, Nepal Supreme Court

More about the Arizona Commission on Access to Justice is available here. The next committee meeting is scheduled for August 17, 2016.

Arizona_Supreme_Court_Seal

Ernesto Miranda

Ernesto Miranda, and the case named for him, remain a subject of scrutiny.

A luncheon seminar this Thursday, May 26, offers to tell “The Inside Story of Miranda v. Arizona.” Of course, the only way to discover how much you know (and don’t know) about the landmark case is to attend the event hosted by Los Abogados.

Presenters:

  • Hon. Barry G. Silverman, U.S. Court of Appeals for the 9th Circuit
  • Hon. Bridget S. Bade, Magistrate Judge, U.S. District Court for the District of Arizona
  • Capt. Carroll Cooley (ret.), Phoenix Police Department (Ernesto Miranda’s arresting officer)

los abogados-web-logoWhen:

Thursday, May 26, 2016, 11:30 a.m. – 1:15 p.m.

Where:

Sandra Day O’Connor U.S. District Courthouse, Jury Assembly Room, 401 W. Washington Street Phoenix, AZ 85003

Cost:

  • $20 Members
  • $25 Non-Members $10 Students

Register and pay in advance online here. And see the flyer below for more detail.

Los_Abogados_CLE_luncheon_flyer_Inside_Story_of_Miranda.02-page0001

Professor Sarah Deer (photo: MacArthur Foundation)

Professor Sarah Deer (photo: MacArthur Foundation)

Professor Sarah Deer (a citizen of the Muscogee Creek Nation in Oklahoma) will speak and be recognized on Monday, May 2, at ASU’s Labriola Center, in Hayden Library, Tempe.

Deer is the recipient of the eighth annual Labriola Center American Indian Book Award for her 2015 book The Beginning and End of Rape: Confronting Sexual Violence in Native America. The event will be held at 2:00 p.m., when she will participate in an interview with Dr. David Martinez, American Indian Studies Faculty.

Professor Deer is a legal scholar who in part is well known for her significant scholarship regarding violence against Native American women. She is a 2014 MacArthur Fellow and authored Amnesty International’s “Maze of Injustice” Report (2007).

You can read a helpful review of her work here.

As Deer told the Indian Country Today Media Network:

“The advantage the tribes have at this point in our nation’s history is that many tribes do not yet have comprehensive anti-rape strategies in law, which is understandable given the legal system and the challenges that tribal nations face in addressing these types of crimes.”

“So there’s a perfect opportunity to say, ‘What would a good anti-rape strategy look like from the ground up if we don’t have the baggage and the trappings of American rape law, which is deeply problematic? What can we do outside of that construct?’ If tribes are really able to deal with rape without falling into the same mistakes that the American system has made, then they might indeed come up with models that could work for rape victims throughout the world,” says Deer.

American Indian book award Sarah Deer sexual violence in Native America

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