6 Real Lawyer News    News  |  ARS  |  Div 1  |  Div 2  |  DUI  |  Education  |  Search  |  Statutes  |  US Supreme  | Home    January 21, 1999
Real Lawyer News
Serving Real Attorneys in Phoenix
Bolton Overturns 17 Counts of Illegally Operating Burglar Alarm

The issue: can a corporate officer be held personally criminally liable for the corporation’s failure to pay outstanding City of Phoenix assessment fees while the alarm system continued to operate in violation of §10-78 of the Phoenix Municipal Code?

On appeal, Maricopa County Superior Court Judge Susan Bolton found the defendant was not criminally liable. She reversed 17 findings of guilt by Judge Carter and his sentence to pay $4,010.84 in fines.

The court cited State v. Angelo, 166 Ariz. 24, 800 P.2d 11 (App.1990), as the basis for its opinion, which holds that A.R.S. §13-306 does not create criminal liability for failure to act; it imposes personal liability for criminal conduct only for affirmative acts on behalf of the corporation.


Judge Sutton Retires - Judge Klausner Back

After returning briefly to Division 10 over the holidays, Judge Sutton has announced his retirement from the bench.

Judge Sutton was a prosecutor with the Phoenix City Prosecutor’s Office before becoming a judge in 1987. He’ll be missed in court.

Judge Klausner, who was assigned to Division 10 while Judge Sutton was away, has returned, at least temporarily.


Julian Natividad Retires

The first hispanic bailiff to work in the Phoenix Municipal Court has retired after 35 years of service. Julian Natividad’s last assignment was in Judge Domingues’s court.

 

Natividad was known for helping his coworkers. The Phoenix Municipal Court will not be the same without him.

Judges Dominguez and Tafoya to Swap Courts

Judge Tafoya will take over duties as the "send out" jury division, where Judge Dominguez once presided in Division 17.

Judge Dominguez, in turn, will now preside over a full calendar in Judge Tafoya’s former Division 14.

Reportedly, Judge Fransisca Cota is also involved in the move, although full details have not yet been received.


Arizona Supreme Court and Courts of Appeal Decisions Free Online

Those attorneys spending money to obtain decisions from the Arizona Supreme Court and the Arizona Courts of Appeal should know that all decisions are now available online at no charge.

Decisions are published on the Internet before they are published in the advance reports.

Obtaining the cases online also allows language from the decisions to be cut and pasted directly into your motions. No longer will you or your secretary need to retype quoted language and citations.


Police Obtaining Domestic Violence Tape Recordings

All Phoenix police officers have received training in tape-recording "primary participants" in domestic violence cases. The new policy to tape-record statements is effective immediately, and it must be part of all domestic violence investigations when a police report is completed. The following procedures will be used:

"(A) Once the scene is stabilized and safe, officers will tape record all interviews of victims, suspects, and witnesses in domestic violence situations that will or could result in a DR being written.
(B) Tape recordings may include "spontaneous statements" or "excited utterances" made by the suspect or victim prior to or following formal interviews by the officer only if it can be done in safety.
(C) At the beginning of each interview, the tape should contain information as the date, time, and location as well as who is present at the interview.
(D) Interviews of suspects in custody should include Miranda warnings on the tape recording.
(E) Minor children who are victims or witnesses should be interviewed regardless of age.
(F) List all persons interviewed in the DR.
(G) Interviews should not be transcribed word for word in the DR.
(H) Officers will include information on important items from the interview that pertain to elements of the offense.
(I) When tape-recorded interviews cannot be done, officers will document the reason why in the report, consideration should be given to having victims, suspects, and witnesses complete written statements.
(J) Officers should pay particular attention to spontaneous statements and excited utterances made prior to tape recording and include these statements in the DR.
(K) All tapes will be impounded as evidence.
(L) Prior to impounding, officers will affix a label to the tape, rather than the box, with the following information: DR number, date, officer’s serial number."


Things To Remember

Public Defender Telephone 534-2380

Public Defender Fax: 534-2381

Eligibility Office Telephone 262-1838

Court Information 262-6421

 

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