Arizona State Law Journal Blog

By Spencer Shockness. It goes without saying that the COVID-19 pandemic has impacted the world in a variety of ways. For Arizona courts, the pandemic and the shut-downs accelerated the already existing backlog of cases. In response, Arizona courts made efforts to remedy the backlog, including hosting virtual hearings. A year ago, the Arizona Administrative Office of the Courts implemented a cloud-based digital evidence platform created by Thomson Reuters to reduce the need for a paper-based system. However, in 2022 the courts are still falling behind. For example, the Pinal and Coconino Counties sought to hire additional judges just last month to help with the backlog of cases. In an attempt to catch up on delayed cases, the Coconino County Superior Court has scheduled more than 60 jury trials for…

By Emilio Giuliani III. As a young child in elementary school, only a few years ago, I remember when a teacher asked my class what kind of exciting marvels the future might bring. The predictions ranged from self-driving robot cars and ultra-intelligent computers to new armed conflict with Russia and the Minnesota Vikings winning their first ever Super Bowl. Thanks to artificial intelligence and the unrelenting aggression of Vladimir Putin, three out of four of these have already come to fruition, and maybe next year will bring a Vikings victory. Above all when it comes to today’s modern technology, legal statutes and regulations have struggled at times to keep pace. This is unsurprising when the vast majority of lawmakers were born before the invention of the CD player, and we…

By Dewey Warner. By a 5–4 vote, the U.S. Supreme Court issued an order on February 7 granting an application for a stay in Merrill v. Milligan. The Alabama case is the first challenge to a congressional map to reach the Court during the latest round of redistricting following the 2020 census. The case is a consolidation of multiple lawsuits brought against the state by voters, community organizations, and civil rights groups such as the Alabama chapter of the NAACP. The plaintiffs allege that Alabama’s new congressional map dilutes the votes of Black Alabamians by placing too many Black voters into a single district in violation of the Voting Rights Act. In January, a District Court panel agreed, striking down the map and ordering that a new one be drawn.…

By Savannah Wix.Drug and human trafficking across the Mexican border have long been major concerns for Arizonans. For instance, in December 2021, Scottsdale Police and the DEA seized $9 million worth of fentanyl pills and ten kilograms of powdered fentanyl, the trafficking of which was attributed to the notorious Mexican Sinaloa cartel. Although other illegal drugs enter Arizona’s border, counterfeit pills containing lethal doses of fentanyl in particular pose major concerns for citizens’ welfare, especially since the beginning of the COVID-19 pandemic, as overdose rates skyrocket. Cartels and gangs also profit greatly from human smuggling into Arizona, reportedly earning more than $14 million each day in February 2021. The Attorney General’s office claims that such drug and human trafficking propogate violence along the border.As a result, and in response to…

By Zachary Levy. Bankruptcy serves to provide a “fresh start” to individuals facing financial hardship. However, for those facing claims by multiple creditors for excessive debts, this new beginning might also mean “ground zero.” To avoid this result and protect a debtor’s equity in certain types of assets from creditors, legislators established bankruptcy exemptions. One prominent exemption—the homestead exemption—protects a certain amount of equity in an eligible debtor’s home. Homestead exemptions vary widely from state to state, and effective December 31, 2021, new legislation in Arizona drastically changed the state’s exemption. Arizona House Bill 2617 (AZ HB 2617) makes multiple amendments to statutes regarding judgment liens and the homestead exemption. The question remains—what effects will this change really have on debtors and creditors? History of Arizona’s Homestead Exemption Prior to…

By Benjamin A. Longbottom. Water Woes in Rio Verde Foothills. Most of Arizona is experiencing some level of drought. In a wealthy suburb north of Scottsdale, the drought is revealing latent problems associated with decades of poor urban planning. Rio Verde Foothills (“RVF”) grew rapidly out of the desert beginning in the 1980s, relying initially on pumped groundwater for household water and landscape irrigation. Later, when wells ran dry, Scottsdale city officials agreed to deliver water to the suburb on large tanker trucks, charging RVF residents by the gallon. The community grew and developed on the assumption that these deliveries would continue. On November 1, 2021, however, Scottsdale announced that it would cut off all water deliveries to those living in RVF, effective at the end of 2022. Scottsdale officials…

By Miranda Martinez. For decades, the National Collegiate Athletic Association (“NCAA”) has prohibited its student-athletes from accepting money in an effort to preserve amateurism—the pillar upon which the NCAA aims to differentiate itself from professional sports. Top NCAA Division I schools generate nearly $8.5 billion in annual revenue; however, less than 7% of that revenue goes to athletes in the form of scholarships or living expense stipends. Student-athletes are barred from sharing in the profits in the name of amateurism. According to the National Bureau of Economic Research, “[w]hile intercollegiate sports are often described as student activities undertaken by amateurs, the economic reality is that athletic departments have developed into complex commercial enterprises that look far more like professional sports organizations.” The tension between amateurism and professionalism reached its peak…

By Maria McCabe. Here we are, approaching the third year of a global pandemic. COVID has killed over 915,000 Americans, left others with “long COVID,” and has had devastating effects on student learning outcomes. We likely have many months ahead of masking, quarantining, and testing and we—as a nation—cannot seem to decide on the role of government in addressing this once-in-a-century crisis. Since the COVID-19 vaccines were rolled out last year, data has shown the vaccines are safe and effective at preventing serious illness from COVID-19. Yet only approximately 68% of eligible Americans and 73.5% of eligible Arizonans are fully vaccinated. In an attempt to increase the number of vaccinated American workers, the Biden administration announced a vaccine mandate last September that would compel employers with at least 100 employees…

By Abigail Knox. In light of recent controversies and conspiracy theories, Arizona’s legislature is working through a flood of election-related bills, from changes to polling procedures to constitutional amendments regarding direct democracy provisions. In the spirit of Arizona’s 110th statehood day, a look at our history reminds us of our state’s character and provides us with insight for the future. The Constitutional Convention and Direct Democracy* Arizona’s journey to statehood was heavily influenced by progressive and populist movements. Democrat George W. P. Hunt was elected as President of Arizona’s constitutional convention. It was clear that Hunt and his progressive colleagues were passionate about direct democracy. Among the many measures the convention sought to memorialize were the initiative, referendum, and recall. These provisions reserve power to the people; they enable the…

By Matt Lutz. Earlier this month, a new bill was introduced in the Arizona House of Representatives to restrict how and where people can film police activity in Arizona. HB 2319, sponsored by former police officer John Kavanagh, would make it illegal to video record police activity without the officer's permission unless the camera is at least 15 feet away from the officer. Some believe this bill would help protect police officers from violence or distraction while they are responding to incidents. Others, however, harbor concerns about the bill’s potential to limit police accountability and facilitate abuses. Establishing a Radius for Filming Police The text of HB 2319 itself is relatively brief. It would add one new section to Title 13 of the Arizona Revised Statutes, the home of the…