Arizona State Law Journal Blog

By Brianna Pachuilo.IntroductionThe Arizona Supreme Court recently decided in State v. Arevalo that an Arizona statute that increases criminal penalties based upon gang affiliation is unconstitutional. While many states have statutes that heighten charges for crimes committed to support gang activity, the Arizona statute increased the penalty for threatening and intimidation by virtue of simply being a gang member.The StatuteThe Arizona criminal statute for threatening or intimidating is A.R.S. § 13-1202. According to the statue being a “criminal street gang member” upgrades the offense from a class 1 misdemeanor to a class 6 felony. Although a class 6 felony is the least serious felony offense, there are still significant differences between being charged with a felony and misdemeanor. First, the baseline sentence for a class 6 felony is one year…

By Alexandra Nathe.Every lawyer has a duty to promote equal access to our justice system and advocate for improvements to the law. The Model Rules of Professional Ethics were created to codify this and other legal duties while acting as a guide to ensure right and proper conduct in the practice of law. But what happens when the rules that are supposed to advance access to the legal industry actually work to restrict it?The Task Force on Delivery of Legal ServicesIn 2014, the Arizona judiciary created a strategic agenda to further one simple objective—advancing justice. Goal number one of this agenda was “Promoting Access to Justice.” To assist in reaching this goal, the Arizona Supreme Court created the Task Force on Delivery of Legal Services to review the regulation of…

By Kole Lyons.Gangs have been documented in Arizona as early as the 1930s. Since then, gangs have increased in number and become involved in more criminal activities around the state. As violent crime in Arizona was reaching a peak in 2005–2006, the state legislature amended the statute criminalizing threats to punish threats made by gang members harsher than threats by non-gang members. For example, if the average citizen makes a criminal threat, he will be charged with a misdemeanor; if a member of a gang makes the same threat, he will be charged with a felony. "Original Golfos" by El Chico Iwana is licensed under CC BY-NC-ND 2.0 The reasoning behind this amendment likely came from the presumption that when a gang member makes a threat, they are more likely…

By Madison Leake.On August 27, 2020, Tom Hatten, owner of Mountainside Fitness, opened the gym’s doors to the public despite the fact that the application to do so had been explicitly denied. This act of rebellion highlights the face-off between local business—particularly fitness centers and gyms—and local government.The COVID-19 pandemic has temporarily closed businesses all across the country. Since re-opening plans are left to the states, each state has opened businesses in differing orders and at differing times. For example, Arizona’s neighbor, New Mexico, has taken the opposite approach to Arizona by opening gyms before indoor dining. Arizona has appeared to have taken a unique approach by opening almost everything, and then targeting a select few types of businesses for closure. The most recent closures extend only to water parks,…

By Alexandra Eagle.In the last few months, the COVID-19 pandemic has spurred heated debate over how best to ensure safe and equitable access to voting. Not only has the current public health crisis exacerbated many of the social concerns already implicated in discussions about voters’ rights, it has prompted many states to quickly alter voting practices and laws to ensure a broad, safe range of options for voters. However, summer elections have demonstrated numerous challenges; long lines, polling-place closures, and concerns about the capacity of both the Postal Service and the respective states to handle an increased demand for mail-in ballots have impacted primaries in the last few months.Arizona is no exception. The state has increased funding and efforts surrounding early voting options, and will allow early voting at polling locations for…

By Andrew Jacobsohn. In an effort to combat the surge of COVID-19 cases in Arizona over the summer, GovernorDoug Ducey (R) on June 29 issued the executive order “Pausing of Arizona’s Reopening—Slowing the Spread of COVID-19,” which, among other provisions, shut down bars until at least July 27. This order has been repeatedly extended and is still in effect. On August 10th, the Arizona Department of Health Services (“ADHS”) announced the guidelines for bars and other affected businesses to begin reopening. Broadly, these guidelines include requirements of the business (such as following certain sanitation requirements), and benchmark requirements that are independent of the bars’ control, such as the percentage of COVID-19 tests that return positive. Specifically, until the county achieves a less than 3% positivity rate, bars that serve food must convert…

By Abby Dockum. In Iran, 85,000 prisoners—nearly half the prison population—have been released in response to the coronavirus pandemic. In China, after a guard showed symptoms of COVID-19, two thousand prisoners were tested and two hundred tested positive. In at least two other countries, prisoners have rioted—resulting in thirteen deaths in Italy and twenty-three in Colombia—to protest a lack of protective measures against the virus. Coronavirus is now spreading in the United States, home to more than two million incarcerated people—by far the world’s largest prison population. Meanwhile, measures recommended by the CDC to prevent transmission are impossible in many U.S. detention facilities: How can inmates in overcrowded prisons “socially distance” while sharing cells, showers, and cafeterias? How can someone in handcuffs cover a cough or sneeze? How can hands…

By Caitlin Doak. Background In 2000, a jury in Oklahoma convicted Patrick Murphy, a member of the Muscogee (Creek) Nation, of murder. After seeking post-conviction relief in Oklahoma state courts, Murphy petitioned the Eastern District of Oklahoma for a writ of habeas corpus. The district court denied habeas relief, finding that the state court decisions were not contrary to federal law. On appeal, the Tenth Circuit reversed, holding that under the Solem v. Bartlett test, Congress had not disestablished the Creek reservation (or the Cherokee, Seminole, Choctaw, and Chickasaw reservations either, collectively known as the Five Tribes). Therefore, the Tenth Circuit held that because the murder took place on an Indian reservation, the state court did not have jurisdiction to convict Mr. Murphy. Oklahoma appealed to the U.S. Supreme Court.…

By Harman Dhanoa. Background Standing on U.S. soil, Border Patrol Agent Jesus Mesa shot and killed Sergio Hernández, an unarmed 15-year-old Mexican boy on Mexican soil. Hernández’s parents sued Agent Mesa in the U.S. District Court for the Western District of Texas, alleging that a rogue federal officer’s unreasonable use of lethal force violated the Fourth and Fifth Amendments. This lawsuit was their one chance at a damages remedy: they had no alternative relief under Mexican law, state law, the Federal Tort Claims Act, the Alien Tort Statute, or federal criminal law. On February 25, 2020, in a 5-4 decision, the Supreme Court held that the parents could not sue Agent Mesa. Hernandez v. Mesa When a state officer commits a constitutional violation, plaintiffs may recover damages under 42 U.S.C.…

By Madelaine Bauer. Background In the wake of an upcoming election, the Trump campaign has taken action and filed libel lawsuits against both the New York Times and the Washington Post. In February 2020, the Trump campaign began their suits by filing against the New York Times for the March 27, 2019 article titled “The Real Trump-Russia Quid Pro Quo.” It is claimed the article falsely stated that the Trump campaign had a deal with Russia to help against the Clinton Campaign by agreeing to relieve economic sanctions. The Trump campaign declares the New York Times knew the statements were false when they were published. The New York Times has recently responded by asserting that the Trump campaign has no right to punish a writer for having an opinion on…