Assigned to JUD & APPROP                                                                              FOR CAUCUS & FLOOR ACTION

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

REVISED

FACT SHEET FOR S.C.R. 1004

misdemeanors; jury trials

Purpose

            Subject to voter approval, grants the right of trial by jury to all persons convicted of a misdemeanor.

Background

            The Sixth Amendment to the United States Constitution provides that all persons alleged to have committed a criminal offense have the right to a public trial by an impartial jury.  The United States Supreme Court has long settled that there is a category of petty crimes or offenses that are not subject to the Sixth Amendment jury trial provision.  There is a presumption that when the legislative body classifies an offense as punishable by no more than six months incarceration, the Court will presume that the offense is a petty offense that falls outside of the constitutional jury requirement.  The Court, however, will continue to examine the seriousness of an offense reflected by the other penalties attached to the offense to determine whether it is a “serious” offense to warrant a jury trial.  Blanton v. City of North Las Vegas, 489 U.S. 538 (1989).

            Similarly, the Constitution of Arizona and statute state that the right of trial by jury shall be inviolate, and in all criminal prosecutions, the person accused has the right to a public trial by an impartial jury (Ariz. Const. Art. 2, section 24; A.R.S. § 13-114).  The Arizona Supreme Court has also interpreted these constitutional provisions.  Recently, the Court adopted the Blanton presumption modifying previous case law and holding the right of trial by jury depends upon whether the offense at common law received a jury trial and the seriousness of the offense.  Derendal v. Griffith, 209 Ariz. 416, 104 P.3d 147 (2005). 

            In Arizona, a misdemeanor criminal offense is punishable by imprisonment of no more than six months in a county jail.  According to the Administrative Office of the Courts, in FY 2004-2005, there were 629,971 misdemeanor and criminal traffic cases filed in justice courts and municipal courts throughout the state.  Of these, 1,257 cases resulted in jury trials.  In comparison, 1,125 of 52,271 felony criminal cases were heard by a jury.

            There is no anticipated fiscal impact to the state General Fund associated with this legislation but the Joint Legislative Budget Committee estimates a fiscal impact to the cities and counties of $12,211,400 due to the hiring of judges and court support personnel to handle the increased number of misdemeanor trials.

Provisions

1. Establishes the right of trial by jury for all misdemeanor offenses, whether or not the offense involved moral turpitude.

2. Requires the Secretary of State to submit the proposition to the voters at the next general election.

3. Becomes effective if approved by the voters and on proclamation of the Governor.

Revision

· Updates fiscal impact statement.

Senate Action

JUD                 2/13/06     DP     5-2-1

APPROP         2/16/06     W/D

Prepared by Senate Research

February 20, 2006

JE/LB/jas