Same-sex Marriage Lawsuit & Arizona Supreme Court Chief Justice

Same-sex Marriage Lawsuit & Arizona Supreme Court Chief Justice

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17:05:30:00>>>Coming up next on “Arizona
17:30:12:18 Horizon,” we’ll have the latest 17:30:15:00 on a lawsuit challenging
17:30:16:27 Arizona’s same-sex marriage ban. 17:30:19:03>>>And we’ll speak with
17:30:20:03 Arizona’s new Supreme Court 17:30:21:18 chief justice.
17:30:23:00>>>Those stories next, on 17:30:24:03 “Arizona Horizon.”
17:30:26:21>>”Arizona Horizon” is made 17:30:28:27 possible by contributions from
17:30:30:09 the friends of eight. 17:30:31:12 Members of your Arizona PBS
17:30:33:06 station. 17:30:34:00 Thank you.
17:30:36:06>>>Good evening, and welcome to
17:30:37:15 “Arizona Horizon.” 17:30:37:24 I’m Ted Simons.
17:30:38:27>>>Medical marijuana will soon 17:30:40:15 be allowed for use by those
17:30:42:06 suffering from post-traumatic 17:30:44:00 stress disorder.
17:30:46:06 Arizona department of health 17:30:47:03 services director Will Humble
17:30:48:00 made the decision today, a month 17:30:49:21 after an administrative judge
17:30:51:06 ruled that medical marijuana 17:30:52:18 should be allowed for those with
17:30:54:21 PTSD. 17:30:55:09 Laos year humble denied use of
17:30:56:21 the drug for those with the 17:30:58:00 disorder.
17:30:58:18 Patients with PTSD can start 17:31:00:06 using marijuana to relieve their
17:31:01:24 symptoms starting January 1st. 17:31:04:00>>>and officials from the
17:31:05:15 secretary of state’s office say 17:31:06:24 an investigation of possible
17:31:08:03 campaign violations by attorney 17:31:10:06 general Tom Horne is warranted.
17:31:12:21 The secretary of state’s office 17:31:14:15 reviewed allegations by former
17:31:16:09 Horne employee Sarah Beattie and 17:31:18:00 found that attorney general
17:31:18:27 staffers did spend time working 17:31:20:12 on Horne’s campaign during
17:31:22:09 office hours. 17:31:23:06 The finding were passed on to
17:31:25:09 the state’s solicitor general, 17:31:26:24 but because that office reports
17:31:28:03 to Horne, the investigation will 17:31:29:12 be handed off to an agency
17:31:30:27 outside of the attorney 17:31:32:03 general’s office.
17:31:33:24>>>Both sides in a lawsuit 17:31:35:03 against Arizona’s same-sex
17:31:36:18 marriage ban want a federal 17:31:38:03 judge to decide the case without
17:31:39:21 having to go to a full trial. 17:31:41:12 Associated Press reporter Bob
17:31:42:12 Christie is covering the story. 17:31:43:27 He joins us now.
17:31:45:00 It’s good to have you here. 17:31:46:21 Give us the background on this
17:31:48:06 case. 17:31:48:15 This was filed in march of —
17:31:50:09 Who did the filing? 17:31:51:15>>This was filed on behalf of
17:31:55:27 seven same-sex couples in 17:31:58:06 Arizona who want to be able
17:32:01:06 allowed to be married. 17:32:02:27 There’s a second caseworking its
17:32:04:09 way through filed a couple 17:32:05:18 months earlier involving another
17:32:07:00 group of couples. 17:32:07:24 They’re both relatively raise
17:32:10:15 the same issues. 17:32:11:24 The bottom line is that they
17:32:13:21 believe it is unconstitutional 17:32:15:00 they —
17:32:17:03 They are banned from being 17:32:18:03 married, they believe the state
17:32:19:12 law that prevents that which is 17:32:20:27 in the state constitution is —
17:32:22:12 Should be overturned based on 17:32:24:09 constitutional grounds.
17:32:25:06>>Basically equal protection 17:32:27:03 and due process, those clauses
17:32:28:21 of the U.S. constitution 17:32:29:18 violated they say —
17:32:31:12>>correct, the fifth amendment 17:32:32:18 and the 14th amendment.
17:32:33:21>>Again, this law goes back to 17:32:36:00 1996 or something along those
17:32:37:18 lines. 17:32:38:03 Correct?
17:32:38:18>>Correct. 17:32:38:24 The law was passed by the
17:32:40:06 legislature in 1996. 17:32:41:03 It was challenged in the state
17:32:43:18 courts, the Arizona court of 17:32:45:18 appeals said it was OK several
17:32:47:09 years later, and then in 2008 17:32:50:15 voters approved a constitutional
17:32:51:21 amendment, which basically put 17:32:53:00 it in the state constitution.
17:32:54:00 So it’s enshrined there which 17:32:55:24 makes it —
17:33:01:15>>So once upheld and the voters 17:33:03:15 put it into the constitution.
17:33:05:00 Interesting scenario there. 17:33:06:12 Also interesting is that both
17:33:07:21 sides want the judge to decide 17:33:09:24 and not go to a full trial.
17:33:11:21 What’s that all about? 17:33:12:27>>Well, in this case the facts
17:33:14:27 really aren’t at issue. 17:33:16:09 Everyone knows that —
17:33:18:03 Everyone knows what the basic 17:33:19:18 facts are.
17:33:20:18 This has been argued quite a lot 17:33:24:03 around the United States over
17:33:25:12 the last couple years, so there 17:33:27:18 aren’t any real facts that need
17:33:29:12 to be decided by the judge other 17:33:32:03 than does it actually fail the
17:33:34:24 constitutional test as set up by
17:33:36:12 the U.S. Supreme Court. 17:33:37:24 And that’s what’s interesting,
17:33:39:00 because last year the Supreme 17:33:40:00 Court struck down a major
17:33:41:24 portion of the defense of 17:33:43:09 marriage act, that’s a federal
17:33:44:15 act, on constitutional grounds, 17:33:46:00 on fifth amendment grounds.
17:33:47:06 And since that time, federal 17:33:49:00 judges across the United States
17:33:51:06 in I believe 11 states in the 17:33:52:21 last year and a half, have
17:33:54:12 struck down state bans. 17:33:56:00 Those are all being appealed
17:33:57:03 right now. 17:33:58:09 Arizona is kind of slow to the
17:34:00:03 game, ours didn’t get filed, a 17:34:02:21 lot of those cases were filed
17:34:04:00 the last couple three years, and 17:34:06:09 are working their way closer
17:34:07:18 than ours are now. 17:34:08:24>>Again, it sounds like the
17:34:10:15 ninth circuit is already 17:34:11:15 considering a couple of these
17:34:12:18 cases, Idaho I think and Nevada. 17:34:15:00 I think on one of the cases a
17:34:17:00 ban was struck down by a judge 17:34:18:15 and another was upheld.
17:34:19:24 But regardless, the ninth is 17:34:21:15 looking at this, is the idea of
17:34:23:06 not going to a full trial, is 17:34:24:21 that the judge will find out
17:34:25:27 what the ninth says and kind of 17:34:28:00 get the hint?
17:34:29:09>>Part of it is that. 17:34:30:12 Part of it is that —
17:34:32:18 It’s all legal arguments that 17:34:35:12 really don’t have any facts
17:34:36:21 that require a finder of fact 17:34:38:12 judge to hear new evidence.
17:34:41:09 It’s going to be filed — 17:34:42:27 The judge in the case an Alaska
17:34:45:24 U.S. district court judge who 17:34:47:03 happens to have the case in
17:34:48:15 Arizona, he’s on senior status 17:34:49:27 which mean he’s been around a
17:34:51:18 long time and technically 17:34:52:18 retired but in the federal
17:34:53:21 system you never really retire. 17:34:55:27 You keep taking cases.
17:34:57:12 And he has this case, because 17:34:58:27 Arizona has more cases than
17:35:00:09 Alaska does. 17:35:01:18 And he’s a George H.W. bush
17:35:05:15 appointee, he’s known to make 17:35:07:06 his decisions off of paperwork.
17:35:10:24 Does end necessarily think that 17:35:12:12 trials are necessary in a lot
of 17:35:14:03 civil cases.
17:35:15:03 He likes summary judgments, 17:35:16:27 which is giving the pleadings,
17:35:19:18 give me all the paperwork and 17:35:21:12 I’ll tell you what the law is.
17:35:22:21 So he will — 17:35:25:06 If he takes the suggestion from
17:35:26:21 the parties, he will not have to
17:35:28:24 have a trial. 17:35:29:18 And he could rule —
17:35:32:03 The schedule is to get all the 17:35:34:12 filings by the end of October.
17:35:35:18 The second case I told you about 17:35:37:03 is closer to being briefed, both
17:35:39:12 are in judge Sedgwick’s hand, 17:35:43:09 the federal judge in Alaska,
17:35:44:24 would you think he would wait 17:35:45:24 for briefings on both of those,
17:35:47:09 but who knows? 17:35:48:24>>Again, we’re talking about,
17:35:51:00 quickly, oral arguments, there 17:35:52:24 is a split regarding whether or
17:35:54:03 not there should be oral 17:35:55:15 arguments?
17:35:56:21 Why? 17:35:57:24>>It’s interesting, the lawyers
17:36:00:15 say we don’t need oral 17:36:01:27 arguments, there are several
17:36:03:24 motion issues which have to do 17:36:05:09 with technicalities that the
17:36:06:24 state wants to argue. 17:36:08:03 I don’t know if the judge will
17:36:09:12 go along with that or not. 17:36:11:15 For the plaintiffs and the
17:36:13:24 defendants, it’s probably not 17:36:17:15 necessary advertisement.
17:36:18:24 I wouldn’t think to have oral 17:36:20:06 arguments.
17:36:21:00 But it’s up for the judge to 17:36:22:03 decide.
17:36:22:06>>As far as a time line is 17:36:24:00 concerned, this Utah ban seems
17:36:25:24 like that’s the one that’s 17:36:27:00 headed toward the Supreme Court.
17:36:28:12 We’ve had Supreme Court shows 17:36:29:15 here, Paul bender basically
17:36:31:06 saying this is very likely the 17:36:32:21 Supreme Court will look at this
17:36:34:00 U.S. Supreme Court will look at 17:36:35:00 this next year.
17:36:35:27 How do that play into all of 17:36:37:15 this?
17:36:38:06>>You know, it’s funny, if you 17:36:39:27 watch the news over the last
17:36:41:06 year since the defense of 17:36:42:24 marriage act decision by the
17:36:44:00 Supreme Court, there are federal 17:36:45:15 judges all the way across the
17:36:46:24 country who are striking down 17:36:48:00 these bans.
17:36:49:00 The ninth circuit is going to 17:36:50:15 take it up, the fourth circuit
17:36:53:06 in Denver struck down or upheld 17:36:56:00 Utah’s —
17:36:57:21 Upheld the federal judge who 17:36:59:09 struck down Utah’s, Utah
17:37:01:03 appealed that directly to the 17:37:02:15 U.S. Supreme Court.
17:37:03:12 There’s another district — 17:37:05:27 The fourth district in Virginia
17:37:07:18 is next up, they have a case 17:37:09:09 about ready to decide.
17:37:11:12 The Supreme Court generally 17:37:12:15 doesn’t take cases unless
17:37:14:21 they’re split circuits F we get 17:37:16:09 every circuit around the country
17:37:17:24 who says, yes, these are 17:37:19:12 unconstitutional, I don’t know
17:37:21:15 if the Supreme Court will weigh 17:37:23:00 in or not.
17:37:24:00 Nobody wants to second guess 17:37:26:09 judges.
17:37:29:00>>So bottom line, the Arizona 17:37:30:21 ban could be gone by the end of
17:37:33:24 the year. 17:37:34:15>>Absolutely.
17:37:35:12 When judge Sedgwick rules, 17:37:37:27 what’s been happening around the
17:37:39:06 country is once the federal 17:37:40:12 judge strikes it down he puts
it 17:37:41:27 on hold, he or she puts it on
17:37:44:00 hold until the appeals court. 17:37:45:15 But with the Utah direct appeal
17:37:48:03 to the U.S. Supreme Court today, 17:37:49:12 and with the Virginia fourth
17:37:51:15 circuit decision due out any 17:37:53:06 time and the ninth going to hear
17:37:54:27 arguments in September, they I 17:37:58:00 wouldn’t think they’ve already
17:37:59:00 had a — 17:37:59:24 Last year the U.S. Supreme Court
17:38:01:03 upheld California’s same-sex 17:38:05:18 marriage overturning proposition
17:38:07:24 eight in California, so I would 17:38:09:21 think that that’s prime and
17:38:12:09 ready to go too. 17:38:14:03 The reason the ninth took that
17:38:15:15 case by the way is because in 17:38:17:03 2012 Nevada, this is before
17:38:19:15 DOMA, the federal judge of 17:38:21:03 Nevada upheld Nevada’s same-sex
17:38:25:06 ban and after DOMA a separate 17:38:26:24 judge in Idaho struck down
17:38:27:27 Idaho’s ban. 17:38:28:24 That’s why they took that case,
17:38:30:18 because there is a split in the 17:38:31:18 circuit.
17:38:32:09>>Because Idaho was struck down 17:38:33:18 and Nevada was upheld, the idea
17:38:37:06 is perhaps forget the trial, the 17:38:39:18 jury, we’re going to find out
17:38:41:12 what the ninth circuit says, let 17:38:43:18 the judge do a summary judgment
17:38:44:24 and we’ll move on. 17:38:46:00>>Absolutely.
17:38:46:21>>When what are we looking for 17:38:48:06 time line?
17:38:49:03>>Like I said, the one case 17:38:50:18 should be fully briefed by the
17:38:52:12 end of this month, the second 17:38:54:00 case will be fully breached by
17:38:55:12 the end of October. 17:38:56:09 I would suspect the judge has
no 17:38:57:21 reason to wait after that.
17:38:59:09 He could — 17:38:59:27 We could get a decision on the
17:39:01:03 second case early in November if
17:39:03:00 they have arguments. 17:39:04:03>>wow.
17:39:04:24 Good stuff. 17:39:05:12 Good to have you here.
17:39:06:12>>You bet. 17:39:07:00 Any time.
17:40:00:09>>>Get the inside scoop on 17:40:02:00 what’s happening at Arizona PBS.
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17:40:17:15 today. 17:40:19:15>>>Arizona has a new Supreme
17:40:21:00 Court chief justice. 17:40:22:09 Scott bales took over July 1st
17:40:23:27 after being elected to the post 17:40:25:18 by his peers, and he joins us
17:40:27:03 now to discuss his plans for the 17:40:28:15 court and for advancing justice
17:40:30:12 in Arizona. 17:40:31:12 Good to have you here.
17:40:32:15 Thanks for joining us. 17:40:33:12>>thank you for the invitation.
17:40:34:21>>And congratulations. 17:40:36:06 It is congratulations.
17:40:37:18 Correct? 17:40:38:06>>It is.
17:40:38:24 It is. 17:40:39:12>>OK.
17:40:40:00>>The process for our court is 17:40:41:21 different than the Supreme Court
17:40:42:21 of the United States. 17:40:43:21 Because as you mentioned, I was
17:40:45:09 chosen to be chief by my 17:40:48:12 colleagues.
17:40:48:27 It’s under our constitution a 17:40:51:09 choice the justices make, and
17:40:52:15 there’s something of a tradition 17:40:53:21 that we pick the person on the
17:40:55:15 court with the most seniority on
17:40:57:09 our court who’s not yet served. 17:40:59:15>>And that’s you.
17:41:00:18>>That’s me. 17:41:01:09>>All right.
17:41:01:24 And you’ve now got a new 17:41:03:12 strategic agenda out there.
17:41:05:21 First of all, why is a new 17:41:08:00 strategic agenda needed?
17:41:10:03>>Well, the strategic agendas 17:41:13:03 have a five-year time span, and
17:41:15:09 that coincides with the tenure 17:41:18:24 of the chief justice, the terms
17:41:20:12 for five years. 17:41:21:06 So it’s sort of natural that as
17:41:22:18 a new chief justice takes 17:41:24:00 office, it’s a time to reassess
17:41:26:12 the things the court is doing, 17:41:28:06 identify some new initiatives,
17:41:31:03 give priorities to certain 17:41:32:15 things.
17:41:33:06 And that’s really what the new 17:41:34:21 agenda reflects.
17:41:35:24>>And indeed, it sounds like —
17:41:37:21 I want to get to the finer 17:41:39:12 points, but the overriding goal
17:41:40:24 seems to be access to justice. 17:41:43:06 Talk to us about that.
17:41:44:18>>Well, it is the overriding 17:41:46:27 goal.
17:41:47:03 The overall theme is advancing 17:41:49:06 justice together and one
17:41:51:06 distinct goal is efforts to 17:41:53:09 promote access to justice.
17:41:55:24 What that really reflects is a 17:41:57:21 recognition of our circumstances
17:42:00:00 in Arizona. 17:42:02:03 Our state’s population is
17:42:04:06 different than the country 17:42:06:12 overall.
17:42:07:06 We’re both younger and older. 17:42:09:12 We have a high portion of people
17:42:11:06 in our state who are 18 or 17:42:12:12 younger, a high portion compared
17:42:15:00 to the rest of the country over 17:42:16:12 65.
17:42:17:00 We also have a large population 17:42:19:18 of people for whom English is
17:42:21:27 not their first language. 17:42:23:24 And unfortunately our state we
17:42:25:15 have a high percentage as 17:42:27:03 compared to the rest of the
17:42:28:06 country, who are poor. 17:42:30:03 And each one of those factors
17:42:32:06 creates distinct demands on the 17:42:34:06 courtesies item.
17:42:35:06 A large population of young 17:42:36:21 people means that we have
17:42:37:21 particular needs in our juvenile 17:42:39:06 courts.
17:42:40:06 A large number of people who 17:42:42:03 cannot afford lawyers means we
17:42:44:03 need to pay special attention to
17:42:45:15 how we make services available 17:42:47:00 to people who might be
17:42:48:00 self-represented, or better 17:42:50:12 provide lawyers for people who
17:42:52:06 can’t afford them. 17:42:53:15>>As far as those, the modest
17:42:56:06 low-income folks, how do you 17:42:58:03 better serve their needs?
17:42:59:24>>Well, one thing we’re looking 17:43:02:15 at under that part of the agenda
17:43:05:18 is how do you help those people 17:43:08:03 who are self-represented through
17:43:09:21 things like self-service 17:43:11:18 centers, court information
17:43:13:00 available online, one thing that 17:43:15:12 we’re hoping to explore is
17:43:16:27 whether nonlawyer assistance of 17:43:19:12 one kind or another might be
17:43:21:09 provided. 17:43:21:27 And one thing we’re going to do
17:43:23:24 as part of the plan, and it’s 17:43:25:15 actually now in the works, is
17:43:27:00 we’re going to establish a 17:43:29:00 statewide access to justice
17:43:30:21 commission. 17:43:31:21 I’ve asked one of our judges
17:43:33:27 from the court of appeals, Larry 17:43:36:06 Winthrop, to head that
17:43:37:24 commission. 17:43:38:06 It will be tasked with
17:43:40:09 identifying very discrete 17:43:42:12 strategies of how we can better
17:43:44:09 help people have meaningful 17:43:46:24 access to our courts.
17:43:48:00 And it’s not just in terms of 17:43:50:00 those who cannot afford
17:43:52:27 attorneys, though that’s an 17:43:53:27 important part of it.
17:43:55:06 It’s more broadly people who may 17:43:58:00 choose to represent themselves,
17:44:00:00 or people who in fact have 17:44:01:15 lawyers, but understandably want
17:44:03:18 to see that the process is 17:44:07:24 efficient and as inexpensive as
17:44:09:27 possible. 17:44:10:18>>And as understandable as
17:44:12:27 possible. 17:44:13:09 I would think the
17:44:14:00 self-represented litigants, one 17:44:16:27 of the biggest things you could
17:44:18:09 do to help them is help them 17:44:20:03 understand court process, help
17:44:21:09 them understand even the 17:44:22:09 documents they’re dealing with.
17:44:23:21 I would think that would be 17:44:24:24 pretty intimidating for some
17:44:26:12 of — 17:44:26:24 For a lot of folks.
17:44:28:00>>You’re right. 17:44:28:12 And that’s something we’ve given
17:44:30:06 attention to, and we’re going to
17:44:31:24 continue to focus on. 17:44:34:06 Over the last several years, we
17:44:36:03 made an effort to simplify the 17:44:38:00 court rules for our justice
17:44:40:09 courts. 17:44:41:09 Took a lot of time, but it was
17:44:43:00 successful. 17:44:43:21 Now we’re beginning to look
17:44:45:06 towards other court rules for 17:44:47:21 the same reasons you’ve
17:44:49:00 mentioned. 17:44:49:18 The court processes ought to be
17:44:52:09 as simple and understandable as 17:44:53:18 possible.
17:44:54:00>>For those with limited 17:44:55:03 English proficiencies, first of
17:44:56:27 all, don’t we already have 17:44:58:15 services there for those folks,
17:45:01:00 and so what needs to be 17:45:02:00 improved?
17:45:03:00>>Well, we have a range of 17:45:04:24 services, there are interpreter
17:45:07:18 servicers in most of the courts 17:45:08:21 around the state, some of the
17:45:10:21 forms that people use in courts 17:45:12:12 are available in translations.
17:45:15:18 We need to make sure, though, 17:45:17:09 that our reaches statewide and
17:45:19:12 the coverage in terms of the 17:45:20:21 types of forms that are
17:45:21:18 available cover the range of 17:45:23:18 cases, the range of things that
17:45:25:09 people need to do in our courts. 17:45:28:15 We have over the last year, made
17:45:31:09 great strides in terms of 17:45:32:24 posting online a large number
of 17:45:35:18 forms that are translated into
17:45:38:09 Spanish. 17:45:38:18 So in order for people to
17:45:40:00 understand them they can access 17:45:41:15 them, whether it’s a family law
17:45:43:03 case, or a contract case, other 17:45:47:09 kinds of cases, and that’s been
17:45:49:00 done with the help of the 17:45:51:27 Maricopa County superior court.
17:45:53:00 They’ve really been leaders in 17:45:54:15 that regard.
17:45:55:03 So you can now go online, at our 17:45:57:24 court’s website or the website
17:45:59:18 for the superior court, and 17:46:01:27 access that information.
17:46:03:06 There are also court entepreneur 17:46:06:06 entepreneur services available
17:46:09:15 in Spanish, but there are many 17:46:11:00 other languages involved in our
17:46:14:09 court proceedings. 17:46:15:21 Something we’re trying to do in
17:46:17:00 that regard is make available 17:46:19:09 more broadly remote video court
17:46:22:12 interpreting. 17:46:23:03 So you could have a person here
17:46:24:03 that might speak a somewhat 17:46:25:24 exotic language but they would
17:46:27:24 be able to participate in court 17:46:29:03 say up in Mohave County.
17:46:31:03>>The idea of remote electronic 17:46:32:24 court appearances, just in
17:46:34:24 general, where does that stand 17:46:36:15 and even for like filing
17:46:39:15 documents, E-filing, maybe 17:46:42:15 filing payments and these sorts
17:46:43:27 of things, is that developing? 17:46:45:09 Where are we with that?
17:46:47:03>>It is developing. 17:46:47:24 It’s hard for courts or for any
17:46:51:06 other public entity to keep up 17:46:53:03 with the technology, because
17:46:54:03 it’s always changing and the 17:46:56:21 costs are a challenge.
17:46:58:27 We are working towards 17:47:00:09 implementing E-filing more
17:47:03:00 broadly across the state. 17:47:04:06 It’s available for some courts,
17:47:06:12 for example, in our appellate 17:47:07:18 courts things are electronically
17:47:09:09 filed routinely. 17:47:11:00 But we haven’t achieved that at
17:47:13:00 every level of the court 17:47:14:12 statewide.
17:47:15:21 In terms of an E-payment system, 17:47:18:00 that’s one of the things we’re
17:47:19:03 going to work towards under the 17:47:20:15 new agenda so the payment of
17:47:22:09 fines and traffic tickets, for 17:47:24:06 example, could be done in a
17:47:25:27 purely electronic way. 17:47:27:15>>Is there a concern for
17:47:28:18 privacy when it comes to all 17:47:30:03 this technology?
17:47:31:18>>That is a fair point. 17:47:34:03 Something we’ve wrestled with
as 17:47:36:15 we moved towards providing for
17:47:38:00 electronic access to documents 17:47:40:09 is what kind of information
17:47:42:06 should be shielded? 17:47:44:06 Because in court cases,
17:47:45:12 obviously sometimes sensitive 17:47:47:06 information is put into the
17:47:48:18 court documents. 17:47:49:24 And we’ve actually adopted some
17:47:51:12 rules that would limit remote 17:47:54:21 access to certain kinds of
17:47:56:15 sensitive information, sensitive 17:47:58:21 personal information.
17:47:59:09 But it’s a fair concern that 17:48:01:03 comes up in many contexts as the
17:48:04:15 internet has become prevalent 17:48:05:24 and as E-technology is basically
17:48:08:27 pervasive in our lives. 17:48:10:18>>We occasionally hear of folks
17:48:13:00 getting to places where they 17:48:14:09 shouldn’t be.
17:48:15:03 The idea of expanding problem 17:48:17:18 solving courts, first of all,
17:48:19:09 what are problem solving courts, 17:48:21:18 and why are they necessary, why
17:48:23:09 should they be expanded? 17:48:25:00>>Well, what you’re asking
17:48:27:06 about is an aspect of the second 17:48:28:27 goal that’s identified in the
17:48:30:12 new agenda, and that is 17:48:31:21 protecting children, families,
17:48:33:15 and communities. 17:48:34:06 And this is something that like
17:48:36:15 promoting access to justice is 17:48:39:09 long been an important concern
17:48:40:24 for our courts. 17:48:42:15 Problem solving courts are
17:48:46:18 usually some type of specialty 17:48:50:12 court that recognizes that
17:48:54:00 beyond deciding a particular 17:48:55:12 case, the court might be able
to 17:48:58:09 deal with the issues that gave
17:49:00:24 rise to the case in the first 17:49:02:12 place.
17:49:02:21 And a good example is a drug 17:49:04:09 court.
17:49:05:27 A person might be arrested fore 17:49:07:06 a low-level drug offense, and
17:49:09:09 one way to handle it would be to
17:49:11:03 simply process the case and send 17:49:13:24 the people on their way.
17:49:15:21 Another approach, and one that’s 17:49:17:27 been successfully implemented
in 17:49:19:15 Arizona and other places around
17:49:21:12 the country, is to say, look. 17:49:23:00 That might reflect an underlying
17:49:25:21 problem of substance abuse for 17:49:27:12 which the person needs to have
17:49:29:15 counseling or other services, if
17:49:31:09 we can help them get that, it 17:49:33:21 might deal with the problem as
17:49:35:00 opposed to just dealing with the 17:49:36:15 symptom.
17:49:37:15 And we’ve experimented with 17:49:39:24 those kinds of courts in the
17:49:41:09 area of drug courts and mental 17:49:43:06 health courts.
17:49:44:00 We have pilot projects around 17:49:45:24 the state for veterans courts.
17:49:47:18 And in Arizona, that’s an 17:49:49:12 important issue, because there’s
17:49:50:27 something on the order of a 17:49:51:24 half million veterans in our
17:49:53:15 state. 17:49:54:21 And when they get involved in
17:49:56:21 certain low-level offenses, 17:49:58:09 again, it may reflect a
17:50:01:03 different problem, a need for 17:50:03:00 certain services that if you
17:50:06:21 want to deal with the problem, 17:50:07:21 you need to help them identify
17:50:09:15 and receive those services. 17:50:10:21 So that’s the problem solving
17:50:12:12 court approach. 17:50:13:03>>OK.
17:50:13:12 And looking — 17:50:15:06 You’re looking to expand that.
17:50:16:21>>Yes. 17:50:16:27>>What evidence-based practice?
17:50:20:15 What are evidence-based 17:50:21:24 practices, and why is that in
17:50:23:21 your agenda, and why is that 17:50:25:03 important for us to know?
17:50:26:21>>Well, that’s a fair question. 17:50:28:03 It’s sort of a fancy term for
17:50:30:15 making decisions or adopting 17:50:33:09 practices based on actual data
17:50:36:03 as opposed to just the way 17:50:37:12 people have always done things
17:50:38:24 or hunches. 17:50:39:27 So evidence-based practices
17:50:41:27 really describes looking at 17:50:45:21 evidence and using that as a
17:50:47:12 guide for your practices in a 17:50:50:15 particular area.
17:50:51:03 We’ve been very successful in 17:50:52:15 the area of probation.
17:50:55:03 And looking at what kinds of 17:50:57:03 conditions actually prevent
17:50:58:06 people from recommitting an 17:50:59:27 offense from remaining
17:51:03:03 productive in their communities, 17:51:04:27 and based on that evidence,
17:51:06:15 we’ve narrowed how we identified 17:51:08:09 the conditions for probation.
17:51:09:18 And what we found is, it 17:51:11:03 actually is more successful in
17:51:14:27 protecting communities and 17:51:15:27 preventing recidivism and
17:51:17:15 avoiding unnecessary 17:51:19:24 reincarceration, which creates
17:51:22:03 jail costs and often self is 17:51:26:15 associated with a recurrence of
17:51:28:09 crime once a person is released. 17:51:29:27 So we’re going to try to use
17:51:31:15 that approach to look at other 17:51:33:03 aspects of court operations,
17:51:34:15 such as pretrial release. 17:51:36:03>>Interesting.
17:51:37:03 I would imagine all sorts of — 17:51:40:00 The seriously mentally ill,
17:51:41:21 getting their hand on weapons, 17:51:43:03 all of these aspects, again, it
17:51:44:27 sounds like it’s more scientific 17:51:47:03 approach, less open to the
17:51:49:12 vagueries much what someone is 17:51:51:09 thinking at the time kind of
17:51:52:12 thing? 17:51:52:21 Is that what we’re talking
17:51:54:03 about? 17:51:54:24>>It is a scientific approach
17:51:56:03 in that it says, let’s assess 17:51:57:24 what has or hasn’t worked based
17:52:00:03 on the empirical record, or 17:52:03:18 based on the evidence.
17:52:04:18 As opposed to relying as I said, 17:52:07:00 on hunch, or just the way things
17:52:08:21 have always been done. 17:52:10:18>>I know regulating attorneys
17:52:12:00 is always a big one when we do 17:52:13:27 these programs, everyone wants
17:52:15:18 to know, how are they watching. 17:52:17:12 So how do you regulate attorneys
17:52:19:15 and how best do you promote 17:52:21:18 higher standards?
17:52:23:03>>Well, your question reflects 17:52:27:00 the responsibilities of the
17:52:29:00 Supreme Court, regular Leyteing 17:52:29:27 the practice of law in our
17:52:31:06 state. 17:52:31:12 And we do that with the goal of
17:52:33:12 protecting the public. 17:52:35:06 And one thing that we’re going
17:52:37:18 to do under the new agenda is 17:52:40:03 look at whether some of the
17:52:41:18 rules that determine who can 17:52:44:09 practice and under what
17:52:46:03 circumstances should be perhaps 17:52:49:09 amended or rephrased in light
of 17:52:52:21 how the legal practice is
17:52:54:00 changed with other changes in 17:52:57:03 our economy and technology.
17:52:59:21 One of the other justices is 17:53:02:03 heading a commission that we’ve
17:53:03:09 just formed that will be looking 17:53:05:21 at that over the course of the
17:53:06:24 next several months with the 17:53:09:15 goal of coming up with
17:53:10:18 recommendations by the end of 17:53:11:18 the year.
17:53:12:09 We also over just the last year 17:53:15:00 or so, under justice Burge, the
17:53:17:09 former chief justice, under her 17:53:19:18 leadership, we restructured the
17:53:20:27 attorney disciplinary system, 17:53:22:27 and that seems to have improved
17:53:25:21 how quickly the process works, 17:53:28:00 and I think both from the
17:53:29:09 perspective of the clients and 17:53:33:15 the lawyers who are subject to
17:53:35:03 discipline, I think the system 17:53:36:21 is more transparent and more
17:53:42:03 timely in its resolution of 17:53:43:09 cases.
17:53:44:12>>This doesn’t necessarily deal 17:53:45:15 with the agenda, but just in
17:53:47:18 general, this is a highly 17:53:49:03 partisan era we’re living in
17:53:50:27 right now. 17:53:52:24 How do you keep that from
17:53:56:06 trickling into the judiciary? 17:53:58:15 Especially when the public, the
17:54:00:12 people that are supposed to be 17:54:01:24 being served, lots of folks out
17:54:03:27 there seeing general — 17:54:05:27 See an agenda.
17:54:06:24 They see the court did this 17:54:09:03 because of that as opposed to
17:54:10:24 finding justice. 17:54:11:27 How do you keep that separate?
17:54:14:03>>Well, I think within our 17:54:16:03 court that’s actually not been
17:54:17:09 an issue. 17:54:18:06 Our court has a high degree of
17:54:20:27 collegiality, we have relatively 17:54:23:27 few dissenting opinions when the
17:54:25:18 court divides, it’s very rarely 17:54:27:21 on partisan lines.
17:54:30:03 I think our unanimity reflects 17:54:33:03 we’re committed to trying to
17:54:34:18 find the right resolution and 17:54:36:18 that it doesn’t relate to
17:54:38:15 politics or partisanship. 17:54:40:18 I think our challenge as a
17:54:43:09 court, and this is another issue 17:54:44:21 we’re trying to address in the
17:54:46:00 agenda, is helping the public 17:54:48:03 understand how we’re different
17:54:50:12 than other branches of 17:54:51:27 government, which might
17:54:52:21 appropriately be divided on a 17:54:56:18 partisan or political basis.
17:54:58:06 But that’s not how the courts 17:54:59:21 are meant to work and that’s not
17:55:01:27 how our court in Arizona does 17:55:03:15 work.
17:55:03:21>>Do you think that message is 17:55:05:00 getting out?
17:55:05:24>>I think it’s begun to get 17:55:07:06 out, but we as the courts need
17:55:09:09 to work harder at getting that 17:55:10:24 message out.
17:55:11:18>>Very good. 17:55:12:06 It’s great to have you here.
17:55:13:15 Thank you for joining us. 17:55:14:12>>thank you again.
17:55:15:09>>>Thursday on “Arizona 17:55:15:21 Horizon,” find out how some MBA
17:55:18:12 students are learning from the 17:55:19:15 pros on how state spending and
17:55:21:18 business intersect. 17:55:22:24>>>And see how one dad is
17:55:24:06 helping other fathers deal with 17:55:26:15 disabled children.
17:55:27:09>>>That’s Thursday evening 5:30 17:55:28:27 and 10:00 right here on “Arizona
17:55:30:00 Horizon.” 17:55:30:27>>>That is it for now.
17:55:32:00 I’m Ted Simons. 17:55:32:27 Thank you so much for joining
17:55:33:27 us. 17:55:34:09 You have a great evening.
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17:55:58:15 Thank you. 17:56:03:09>>When you want to be more
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17:56:43:06>>>Later on eight HD. 17:56:47:27>>>On California’s coast,
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17:56:56:24 program, but not every otter 17:56:58:03 makes it.
17:56:59:12 And the future of all wild 17:57:01:09 otters may depend on it.
17:57:06:18>>Tonight at 7:00 on eight HD. 17:57:08:15>>>Eight HD.
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2 thoughts on “Same-sex Marriage Lawsuit & Arizona Supreme Court Chief Justice

  • Ron Charles Post author

    Friday, 17 October 2014

    Arizona Attorney General Tom Horne conceded that there was no way to win an appeal to overturn the federal ruling that Arizona's ban on gay marriage was unconstitutional.  He ordered all county clerks of court to begin issuing marriage licenses to gay couples right away.  Same-sex couples, then, immediately began to get married.  Full marriage equality has now come to the great state of Arizona.

  • alexanderrockrose Post author

    this motherfucker couldn't give a single a fact to support his argument to prove that the state constitution and the laws of the state apply, argumentum ad baculum.

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