Luis A. v. Bayham-Lesselyong3/7/2000
Commissioners
JURISDICTION ACCEPTED; RELIEF GRANTED IN PART
In this consolidated special action, petitioners challenge the juvenile court's failure to dismiss delinquency proceedings. Petitioners advance two contentions. First, they argue that the traffic citations used to commence their proceedings were defective because the citations failed to comport with the content requirements for delinquency petitions. Second, they contend that the State denied their right to speedy justice. On December 20, 1999, we heard oral argument and issued an order accepting jurisdiction, granting relief in part, and indicating that an opinion would follow. This is that opinion.
This Court has jurisdiction to hear special actions and grant relief. See Ariz. Rev. Stat. Ann. ("A.R.S.") § 12-120.21(A)(4) (1992); Ariz. R.P. Spec. Act. 1, 4. Special action jurisdiction is appropriate if a case raises issues of first impression or involves purely legal questions, questions of public importance, or issues that are likely to arise again. See Andrade v. Superior Court, 183 Ariz. 113, 115, 901 P.2d 461, 463 (App. 1995). Special action jurisdiction is proper when the party has no plain, adequate or speedy remedy by appeal, and justice cannot be obtained by other means. See Nataros v. Superior Court, 113 Ariz. 498, 499, 557 P.2d 1055, 1056 (1976).
This case raises issues appropriate for disposition in a special action. Each of these special actions presents an issue of speedy justice, which justifies a speedy remedy by special action. Petitioners also raise purely legal questions, and, as this consolidated special action demonstrates, present issues likely to recur and to affect many persons. Accordingly, we accept jurisdiction. See J.D.S. v. Franks, 182 Ariz. 81, 84, 893 P.2d 732, 735 (1995) (accepting special action jurisdiction in cases involving juveniles when appeal may involve unconscionable delay); Soto v. Superior Court, 190 Ariz. 450, 451, 949 P.2d 539, 540 (App. 1997) (accepting jurisdiction in a case of first impression presenting purely legal issues likely to recur and to affect many juveniles); Humble v. Superior Court, 179 Ariz. 409, 411, 880 P.2d 629, 631 (App. 1993) (accepting jurisdiction of speedy trial issues in driving under the influence (DUI) cases in which the trial court abused its discretion in refusing to dismiss charges with prejudice when the state has not exercised due diligence).
The facts in each of the underlying cases are substantially the same. In In re Luis A., petitioner received a traffic citation on July 28, 1999, directing him to appear in municipal court. On August 6, 1999, petitioner appeared and the municipal court transferred the criminal charges to the juvenile court. The juvenile court, however, did not file the traffic citation until September 15, 1999. The juvenile court held an advisory hearing on October 4, 1999.
In In re Thomas B., petitioner received a traffic citation on May 31, 1999, directing him to appear in municipal court. On June 10, 1999, petitioner failed to appear and on that same day, the municipal court transferred the criminal charge to the juvenile court. The juvenile court did not file the traffic citation until July 28, 1999, and held an advisory hearing on August 26, 1999.
In In re Manuel C., petitioner received the traffic citation on August 18, 1999, directing him to appear in municipal court. On August 27, 1999, petitioner failed to appear and on that day, the municipal court transferred the criminal charges to the juvenile court. The juvenile court filed the traffic citation on September 9, 1999, and held an advisory hearing on October 4, 1999.
In
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